Patent Capitalism and 
the Duty to Disclose
the Duty to Disclose
November 3, 2025
November 3, 2025
As courts refine the boundaries of materiality under Macquarie and Matrixx, life-sciences companies face unprecedented pressure to reconcile scientific uncertainty with disclosure precision. This commentary argues that the real lesson of BioAge Labs lies not in litigation risk but in the emerging convergence of patent law, corporate governance, and market trust. Read more...
October 30, 2025
The USPTO’s 2025 revision to PTAB practice transforms discretion into design, embedding finality into the structure of post-grant review. In the wake of Loper and the end of Chevron deference, the agency can no longer rely on interpretive authority—it must build legitimacy through architecture. This piece examines how the new rule consolidates power in the Director’s office, formalizes doctrines of timing and comity, and redefines the constitutional balance between efficiency, equity, and oversight. Read more...
October 28, 2025
The USPTO’s new Streamlined Claim Set Pilot Program may look like a small procedural tweak, but it carries far-reaching implications. By tying accelerated examination to narrow claim sets, the agency is quietly shifting from rulemaking to incentive architecture—a move made more significant in the wake of Loper and the end of Chevron deference. This commentary examines how the program redistributes procedural advantage across industries, why biotech and other complex technologies are structurally disadvantaged, and how incentives—not formal rule changes—may become the USPTO’s most powerful policy tool in the decade ahead. Read more...
October 23, 2025
Patent disputes in med-tech often decide more than infringement—they define market structure. This analysis unpacks how the Inspire–Nyxoah litigation illustrates the role of patent doctrine in mediating sequential innovation, shaping competitive entry, and sustaining modern “patent moats.” Read more...
October 21, 2025
The USPTO’s proposed “one-and-done” IPR rule would give challengers a single shot at PTAB — ending the era of serial and parallel patent challenges. By forcing petitioners to choose their forum and barring follow-on IPRs, the rule shifts power toward finality. Patent owners gain leverage; challengers face higher stakes. Our analysis breaks down the legal basis, likely challenges, and what both sides must do to prepare for a one-shot world. 
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