Indiana 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…
Read MorePrincipal vs. Supplemental Register: Choosing the Right Path for U.S. Trademark Protection
April 9, 2026
Authored by: Blake R. Hartz When filing a U.S. trademark application, one of the fundamental decisions applicants face is whether to seek registration on the Principal Register or the Supplemental Register. While many applicants may not be aware that two…
Read MoreStick Figure or Letter X? Trademark Board Decision Upheld in Smoking Products Dispute
April 8, 2026
FUENTE MARKETING LTD. v. VAPOROUS TECHNOLOGIES, LLC Authored by: Jeremy J. Gustrowsky Fuente Marketing Ltd., the family-owned company behind premium Dominican cigars, tried to block Vaporous Technologies, LLC from registering a trademark for use on oral vaporizers. Fuente owns two…
Read MoreNo Standing, No Appeal: Challenger’s Case Dismissed for Failing to Connect Its Products to the Patent Claims That Actually Mattered
April 7, 2026
IRONSOURCE LTD. v. DIGITAL TURBINE, INC. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed an appeal by ironSource Ltd. challenging substitute patent claims approved by the Patent Trial and Appeal Board (PTAB). The case involved…
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