Blog
U.S. Trademark Specimens: What You Need to Know
May 14, 2026
Authored by: Blake R. Hartz Understanding trademark specimen requirements is one of the most misunderstood aspects of U.S. trademark prosecution. A specimen that fails to meet the USPTO’s requirements can lead to office actions, delays, and additional costs that are…
Read MoreWhen pH Means More Than Just a Number: Standard Temperature Wins the Day
May 13, 2026
ACTELION PHARMACEUTICALS LTD v. MYLAN PHARMACEUTICALS INC. Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision affirmed that a pharmaceutical patent’s reference to “a pH of 13 or higher” refers to a measurement taken at standard laboratory temperature (25±2°C),…
Read MoreUSPTO Cracks Down on Patent Fraud: Over 3,800 Applications Terminated
May 12, 2026
The USPTO’s Patent Fraud Mitigation Unit is aggressively targeting unauthorized representatives and fraudulent submissions in patent proceedings, and the numbers are striking. Bad actors operating as unauthorized representatives undermine the integrity of the patent system, delay legitimate applications, and increase…
Read MoreIndiana High School Athletes Can Now Monetize Their Personal Brand: What Families, Athletes, and Businesses Need to Know About the IHSAA’s New Personal Branding Activities Rule
May 5, 2026
Authored by: Joshua P. Astin For years, Indiana stood as one of a shrinking number of states that entirely prohibited high school athletes from profiting off their name, image, or likeness. That changes next school year. On May 4, 2026,…
Read MoreWhen “About” Becomes Too Vague: Federal Circuit Affirms Indefiniteness in Poultry Treatment Patent
May 4, 2026
ENVIRO TECH CHEMICAL SERVICES, INC. v. SAFE FOODS CORP. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a district court ruling that invalidated claims of a poultry processing patent owned by Enviro Tech Chemical Services, Inc., finding that…
Read MoreFederal Circuit Splits the Signal on Patent Eligibility for Digital Communication Constellations
April 28, 2026
CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently issued a mixed decision in a patent infringement dispute involving the technology behind modern digital television broadcasts. The case centered on patents owned by…
Read MoreWorld Intellectual Property Day 2026: IP and Sports — Ready, Set, Innovate
April 26, 2026
Every year on April 26, the global community celebrates World Intellectual Property Day, an initiative led by the World Intellectual Property Organization (WIPO) to highlight how intellectual property shapes innovation, creativity, and economic growth. In 2026, the spotlight turns to…
Read MoreNIL branding opportunities require knowing right context
April 24, 2026
NIL Branding Opportunities: Context Is Key A recent article by Josh Astin and Andrew Nevill in The Indiana Lawyer offers a timely reminder for anyone advising in the name, image, and likeness (NIL) space: opportunity is abundant, but it is…
Read MorePrior Art Patents Sink Trade Secret Claims Over Cosmetic Implant Technology
April 17, 2026
INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a multimillion-dollar trade secret verdict in a case involving competing cosmetic penile implants. Plaintiffs International Medical Devices, Inc. (IMD) and Dr. James Elist, the makers…
Read MoreWell-Known Antibodies Used in a New Way Get a Pass on Patent Disclosure Requirements
April 16, 2026
TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Authored by: Jeremy J. Gustrowsky A jury found that Eli Lilly willfully infringed three Teva patents covering methods of treating headaches using humanized anti-CGRP antagonist antibodies. The district court then overturned…
Read MoreEngine Tuning Patent Invalidated by Device Sold Years Before the Patent’s Priority Date
April 14, 2026
DEFINITIVE HOLDINGS v. POWERTEQ Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed that U.S. Patent No. 8,458,689 is invalid because a similar device was already being sold to the public years before the patent’s critical date. Definitive Holdings sued…
Read MoreStipulations Have Consequences: Federal Circuit Revives Patent Infringement Claims Over Multicore Processor Technology
April 14, 2026
VLSI TECHNOLOGY LLC v. INTEL CORPORATION Authored by: Jeremy J. Gustrowsky VLSI Technology LLC sued Intel Corporation for infringement of U.S. Patent No. 8,566,836, which covers methods and systems for selecting the best-performing core in a multicore processor to handle…
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