Prosecution Pointer 144 - September 26, 2018

If this week's House Appropriations hearings seem like a wonky September oversight lineup, look closer. Between the Economy Act, a review of the Federal Aviation Administration (FAA)...

As students return to classrooms across New Jersey, drivers face increased traffic congestion and heightened accident risks around schools and bus stops. Understanding state traffic laws regarding school bus stops, school zone speed limits, and pedestrian safety becomes critical during this busy season. This comprehensive guide explains the legal requirements and safety measures every motorist should follow to protect children and navigate back-to-school traffic responsibly.

The U.S. Department of Transportation has launched America's Great Corridors of Commerce, a voluntary initiative to accelerate utility deployment along existing transportation rights-of-way through public-private partnerships and federal support. Meanwhile, Congress is pursuing targeted legislation on broadband access and transmission planning, creating three parallel federal efforts that share a premise but diverge on mechanism—voluntary incentives versus regulatory mandates versus study-first ground

Trade associations offer far more than networking opportunities—they can serve as strategic extensions of your business team. Will Fediw of the Virginia Maritime Association explains how membership connects maritime supply chain professionals across ocean carriers, terminals, trucking, rail, warehousing, and trade services while navigating tariffs, regulatory changes, and cargo flow disruptions.

The Surface Transportation Board has lifted its abeyance and established a procedural roadmap for the Union Pacific and Norfolk Southern merger proceeding, marking the official start...

The U.S. Department of Transportation (DOT) on September 3, 2026, released "America Leads: DOT's National Strategy for Automated Vehicles, Fiscal Years 2026-2030" (the Strategy) as guidance outlining its approach to automated vehicles (AVs).

Every minute matters when delivery timing is a live-or-die issue for many industries served by transportation providers. In automotive logistics line-down scenarios can be devastating to business operations. In healthcare logistics the outcomes can be far worse for loved ones. Still, the question of whether those occurrences mean that the customer has compensable damages is entirely different.

The U.S. Department of Transportation has issued a final rule fundamentally restructuring how airlines report flight delays and cancellations, creating a new reporting category that removes ten specific events from the traditional "Air Carrier" category. This regulatory change, mandated by the FAA Reauthorization Act of 2024 and effective October 2026, will significantly impact how airline performance is measured and perceived by consumers, while reducing carriers' customer service obligations for certain

The trucking sector, responsible for moving nearly three-quarters of all goods in America, is experiencing a fundamental shift as freight capacity contracts due to carrier exits, fleet downsizing, and regulatory pressures. With spot market rates rising above contract rates for the first time since early 2022 and structural driver shortages expected to worsen, shippers who treat this as a temporary cyclical event may find themselves unprepared for sustained rate increases. Understanding the root causes of th

If there was ever any doubt about the Trump administration’s enthusiasm for space, it was swept aside by the August 20 release of the new National Space Transportation Policy. The wide-ranging plans lay out a roadmap for the policy and physical infrastructure to support a goal of 1,000 annual launches by 2030.

The Federal Circuit vacated a preliminary injunction in a patent infringement case involving electrical outlet cover products, finding that the district court made critical errors in its claim construction analysis. The appellate court determined that the lower court improperly imposed unsupported limitations on key patent terms and incorrectly applied a presumption of irreparable harm.

Director Squires issued written opinions in two recent PTAB proceedings examining critical threshold questions about prior art qualification. One case explored whether sufficient evidence supported an earlier invention date to antedate prior art, while the other determined if a reference was publicly accessible before the patent's priority date.

The Federal Circuit dismissed a patent owner's appeal in In re Hybir, Inc., ruling that a settlement agreement containing only a nominal $100 optional license tied to the appeal's outcome failed to create a live case or controversy. The court determined that such an arbitrary sum functioned merely as a "side bet" on the appeal rather than representing real economic significance or concrete dispute necessary to sustain federal jurisdiction.

The Federal Circuit issued 23 opinions in June and July 2026 reviewing PTAB post-grant proceedings, with affirmance rates varying significantly between the two months. Cumulative statistics through July 31, 2026 reveal patterns in how the appellate court has handled over 1,600 IPR, CBM, and PGR appeals since these proceedings began.

The European Patent Office's Enlarged Board of Appeal has issued its decision in G 1/25, addressing the contentious practice of description amendments in European patent applications. This decision establishes new guidelines on when patent descriptions must be modified to align with claims, potentially reshaping prosecution strategies across Europe. The ruling adopts a middle ground between the EPO's traditional approach requiring extensive amendments and recent case law suggesting such changes lack explici

California regulators brought their first enforcement action against a data broker under both the CCPA and the Delete Act, signaling increased scrutiny of businesses that collect and sell personal information without a direct consumer relationship. The decision makes clear that data minimization applies to consumer rights requests and that companies cannot require consumers to provide more personal information than reasonably necessary to exercise their privacy rights.

This is part of a series of articles discussing recent orders of interest issued in patent cases by the United States District Court for the District of Massachusetts.

The Sixth Circuit's decision in Nelson v. MillerKnoll examines whether a furniture company's ownership claims to the iconic Bubble Lamp design were authorized under a 2006 royalty agreement, and whether the designer's heirs ratified that arrangement by continuing to accept payments. The case hinges on interpreting contract language distinguishing between licensing rights and outright ownership of intellectual property.

When a patent owner grants an exclusive license, does it automatically lose the right to sue infringers? The Federal Circuit addressed this critical question in two parallel cases, examining what retained rights are necessary to preserve constitutional standing. The court's analysis reveals how specific contractual provisions—including sublicense approval authority, royalty rights, and enforcement participation—can determine whether a patent owner maintains a meaningful legal stake in its patent

The Patent Trial and Appeal Board cancelled over half of instituted claims across IPR and PGR Final Written Decisions from June to July 2026, with significant variation in outcomes across different technology centers. This analysis examines claim survival rates, motion to amend statistics, and per-case disposition patterns compared to cumulative historical averages.