Not because the patent was invalid. Not because the attorney made mistakes. But because the patent included a feature that made it easy for competitors to design around.

When Evenflo employees discussed how to "ingeniously escape" a competitor's patent in an internal email chain, they created evidence that would later be used against them in court. The Federal Circuit's reversal in Wonderland v. Evenflo demonstrates how a single unprotected communication can transform an infringement case into a willful infringement claim with treble damages exposure. What should companies do when they identify a potentially problematic patent, and how can founders avoid making the same cos

Every time someone posts a side-by-side comparison with #LululemonDupes, they're creating evidence that could be worth millions in Lululemon's lawsuit against Costco. The irony is staggering.

When Apple sued OpenAI for trade secret misappropriation in July 2026, the case revealed critical lessons about how startup hiring practices can create devastating legal exposure.

The USPTO quietly introduced a procedural change in April 2026 allowing patent owners to submit pre-order responses before ex parte reexamination institution decisions.

A single grammatical ambiguity in a patent claim led to the Federal Circuit invalidating DivX's patent against Netflix, costing them millions in licensing revenue. This case reveals how minor drafting errors in patent language remain invisible until litigation, when they become catastrophic business failures that no amount of legal spending can fix.

One of the fundamental flaws in traditional IP frameworks is how difficult it is to monetize them. This is natural due to their intangible nature. How can you sell something you can't see? Nevertheless...

A federal judge's recent decision in Collision v. Samsung has opened a critical door for non-practicing entities seeking injunctive relief in patent cases. While the plaintiff didn't secure its injunction against Samsung's $445.5 million infringement, the court's explicit acknowledgment that NPEs may obtain injunctions under the eBay test fundamentally challenges two decades of precedent that effectively barred such remedies.

A Federal Circuit decision from August 2026 fundamentally changed how provisional patent applications function as prior art, creating both hidden risks for companies with thin provisionals...

Federal funding has played a critical role in advancing academic innovations since the mid-20th century. This relationship was further cemented in 1980 with the Bayh-Dole Act...

A medical device company lost a $17 million jury award when the Federal Circuit reversed their trade secret and NDA breach claims, exposing critical flaws in how they protected their technology before disclosure.

By Babak Akhlaghi on January 17, 2025. CES 2025 gathered over 141,000 attendees, including leading industry figures, innovators, and media representatives...

When I see Bot Auto operating with just four trucks while others rush to deploy fleets, I recognize a kindred approach to business building. Their restraint isn't a limitation but a strategic choice that resonates with my own experience founding a law firm.

The USPTO's new Director has issued a landmark ruling reversing categorical rejections of AI patents, signaling a dramatic shift in how machine learning inventions are evaluated. With examiners being told to stop blanket abstract idea rejections, AI founders now face a critical window of opportunity to secure patent protection before policy winds shift again.

A single word appeared 241 times in Enviro Tech’s patent specification. The word was “about.” Not once was it defined.

When Enanta Pharmaceuticals filed its provisional patent application before Pfizer disclosed nirmatrelvir, it appeared to have secured priority. However, a single character error—a "2" instead of "1" in a chemical formula—meant the provisional never actually described the compound at issue. The Federal Circuit's decision in this $19 billion case reveals how a seemingly minor drafting mistake can invalidate an entire patent portfolio, even when you file first.

By Babak Akhlaghi on July 11, 2024. Pitching an idea can be a thrilling yet daunting task. It's a chance to share your innovation with potential investors, partners, or clients. However, there's a risk involved...

You’ve spent years on this. The invention. The prosecution. The real money — not just filing fees, but the kind of investment that makes you check your bank account twice

Aortic Innovations LLC owned four patents covering transcatheter heart valve technology. They sued Edwards Lifesciences, one of the biggest names in the space, for infringement.

When OpenAI released an image generation feature capable of producing images that look remarkably like Studio Ghibli animations, the internet exploded with "Ghiblified" pictures.