Litigation Update | March 2026
The Credibility of Experts Is in the Province of the Jury Ari Feinstein & Kathryn M. McCarthy Neither the fact that a damages expert’s testimony could have been presented more clearly, nor...
Trademark & Brand Protection Update | March 2026
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim? Greg Phillips & Eric R. Blosser The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case...
Emergence of Satellite Energy Stealth Startup and the Importance of IP Strategy
Key Takeaway: A startup in satellite energy transmission emerged from stealth with an oversubscribed seed round of $10 million. Investors and developers of energy technologies can benefit from proactive IP...
PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After Cellect and Allergan
Key Takeaway: The PTO Director’s sua sponte rehearing of Ex parte Baurin raises questions regarding the scope of Allergan v. MSN, Examiners’ role in obviousness-type double patenting rejections, and the...
FAA Consolidates Commercial Space Launch and Reentry License Approvals
Key Takeaway: A new FAA rule simplifies licensing for space launch and reentry operations. Less red tape may speed innovation in space technologies, as well as the development of associated...
USPTO Director to Consider U.S. Manufacturing and Small Business Status When Instituting or Denying IPR and PGR Petitions
Key Takeaways Effective immediately, the USPTO will consider whether a patent challenger’s accused products or a patent owner’s products are manufactured in the United States as additional factors in the...
USPTO’s Supplemental Guidance on Design Patents for Computer-Generated Interfaces and Icons
Key Takeaway: The USPTO has revised its design patent guidance to better reflect evolving digital interface technologies, including projections and augmented or virtual reality environments. The updated guidance provides design...
Corresponding Structure for a Means-Plus-Function Limitation Need Only Perform the Claimed Function, Not Other Unclaimed Functions
Richard Gramm, et al. v. Deere & Company Before Lourie, Reyna, and Cunningham. Appeal from the United States District Court for the Southern District of Iowa Summary: Disclosure of an additional function...
Conflict of Interest Does Not Automatically Extinguish Attorney-Client Privilege
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK v. GEN DIGITAL INC.; QUINN EMANUEL URQUHART & SULLIVAN, LLP Before Dyk, Prost, and Reyna. Appeal from the United...
