Intellectual Property Law Blog 

For parties facing allegations of patent infringement, there are several ways to challenge the validity of patents outside of the courtroom. These alternative pathways are often preferred by accused infringers because they are often significantly less expensive and potentially speedier than federal district ...

The explosion of online marketplaces like Amazon, Temu, SHEIN, eBay, Walmart, Shopify storefronts, and innumerable drop-ship models, has forced federal courts to revisit old personal jurisdiction doctrines through a new lens. Plaintiffs suing foreign or out-of-state sellers increasingly argue that sales ...

In sharp contrast to the extreme fanfare that followed Chief Judge Orlando Garcia’s July 25, 2022, “Order Assigning the Business of the Court as it Relates to Patent Cases” randomly assigning all new patent cases filed in the Waco Division of the Western District of Texas, the patent bar has been relatively ...

What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain. 

Patent holders are using NFTs to manage the ownership and licensing of their patents. Built into ...

After almost a decade as a U.S. District Judge, Chief Judge Leonard P. Stark of the District of Delaware is taking his talents to the swamp as the newest member of the Federal Circuit. On February 9, 2022, the Senate confirmed his nomination by a 61–35 vote. He received his judicial commission on March 16, 2022, and ...

The now ten year-old law that created the Inter Partes Review (“IPR”) system gave the U.S. Patent and Trademark Office (“PTO”) the discretion to deny institution of an IPR when there was not a “reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the ...

Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington discussed patents. Since then, people have predicted how IP policy will evolve under each ...

In recognition of Black History Month, we wanted to recognize some inventors whose innovations set the foundation for safer lives and enhanced computer technology ... More

The vast majority of patent litigation involves a patent or a patent portfolio that has been assigned at least once during its life. Yet seemingly simple and ubiquitous patent assignment documents are blundered by even experienced counsel. Failed patent assignments present a conspicuous procedural trap for ...