The federal judiciary’s funding shortfall has pushed courts into constitutional triage, limiting operations to “core functions” and creating ripple effects across the litigation landscape. For patentees and other rights holders, the impact is immediate and strategic: enforcement timelines are disrupted, procedural asymmetries with the USPTO and ITC emerge, and access to timely injunctive relief narrows. In our analysis. we examine the constitutional underpinnings of the crisis, its practical consequences for litigants, and why the durability of legal rights depends on the resilience of the courts themselves. Read more...

For years, the PTAB could shrug off conflicting outcomes. Not anymore. A new USPTO memo makes divergence harder, raising the stakes for everyone in post-grant battles. Read more...

The USPTO has quietly changed how examiner interviews are credited—capping them at one hour per round of prosecution and requiring supervisory approval for additional discussions. While procedural on its face, this shift carries significant implications for applicants’ ability to engage with examiners, resolve issues efficiently, and keep cases moving. This article examines the doctrinal tension between the new policy and MPEP § 713, its potential consequences for prosecution strategy and administrative fairness, and why the real impact will be felt in the margins of everyday practice. Read more...

The USPTO’s decision to strip SharkNinja of precedential status reshapes IPR practice, reviving deep RPI questions, expanding discretionary denial risk, and demanding new strategic rigor from petitioners and patent owners alike. Read more...

The Federal Circuit’s Bayer v. Mylan decision draws a bright line: clinical results alone can’t make an old dosing regimen new again. Our latest analysis unpacks the ruling’s doctrinal foundations, its sweeping implications for drug patenting, and how innovators must rethink claim drafting in an era where discovery and invention are no longer easily conflated. Read more...

Pfizer’s $130 billion blockbuster Lipitor is once again at the center of a high-stakes antitrust fight—and this time, the outcome may hinge on a single word. As the Third Circuit revisits allegations that Pfizer and Ranbaxy conspired to delay generic competition, the court is grappling with whether plaintiffs can prove the FDA would have approved a generic earlier, not merely that it could have. This deep dive explores how FTC v. Actavis, Wellbutrin, Hatch-Waxman, and regulatory uncertainty collide in a case that could reshape the future of pharmaceutical patent settlements and antitrust strategy. Read more...

The Supreme Court’s new term starts October 6, and critical questions in IP law are on the table—from PTAB authority and obviousness to damages, inducement, and advertising claims. Our analysis breaks down the petitions to watch and what they could mean for innovation, enforcement, and litigation strategy in the year ahead. Read more...

What happens when trade power meets Big Pharma? A newly announced 100% tariff on imported branded drugs could upend global supply chains, test the limits of presidential authority, and reshape the future of intellectual property and innovation. This in-depth analysis breaks down the legal risks, treaty battles, and strategic decisions companies need to make now. Read more...

This fall, the Supreme Court will decide whether presidents can use emergency powers to impose sweeping tariffs without Congress. The cases, V.O.S. Selections and Learning Resources, could redefine the balance of power in trade, taxation, and foreign commerce. For businesses and IP-driven industries, the outcome will shape supply chains, innovation costs, and global strategy for years to come. Read more...

The Eastern District of New York’s recent decision in AutoExpo v. Elyahou is a wake-up call for employers and fiduciaries alike. The court dismissed trade secret claims because the company never required confidentiality agreements, reinforcing a growing trend: without NDAs and clear access restrictions, courts won’t recognize trade secret protection. On the ERISA side, the case shows fiduciary duty claims only survive when pled with precision and tied to concrete participant harm. Together, AutoExpo underscores that in today’s litigation landscape, detail isn’t optional — contracts, policies, and documentation are the key to protecting information and defending fiduciary decisions. Read more...

In Immervision v. Apple, the District of Delaware declared that a claim built on a single functional element isn’t a “combination” under § 112(f) — it’s invalid. This post traces the story from Halliburton to Williamson to Immervision, showing how courts and the USPTO are closing the door on black-box claims. The takeaway: the day of the single means claim is over, and patents will stand or fall on structural disclosure. Read more...

The legal fight between the Michael Crichton estate and Warner Bros. over The Pitt isn’t just about a new medical drama—it’s a landmark test of how far contracts can reach beyond copyright. At issue is a 1994 “frozen rights” clause tied to ER, raising questions about the meaning of “derivative works,” the limits of anti-SLAPP defenses, and the role of private agreements in controlling reboots, revivals, and even AI-generated successors.

Our analysis explains why this case matters for entertainment, publishing, gaming, and emerging technologies, and what it reveals about the future of intellectual property: drafting is destiny, and contracts—not statutes—will decide tomorrow’s disputes. Read more...

Canada’s recent Matco and Taillefer decisions bring its patent law closer to Europe’s strict “all due care” regime, demanding proof of robust systems to prevent missed deadlines. The U.S., by contrast, still relies on the more forgiving “unintentional delay” standard. This divide creates real asymmetry in global portfolios, with direct implications for litigation, licensing, and M&A. Our analysis explores why due care is becoming the global benchmark for patent stewardship—and what innovators must do now to prepare. Read more...