Intelligence

Patent prosecutors often overlook manufacturing method claims due to enforcement challenges, but these patents can provide strategic advantages under 35 U.S.C. § 271(g). A growing split among district courts regarding downstream liability for sellers and users of products made by patented processes creates both uncertainty and opportunity for patent owners seeking to expand protection beyond traditional composition claims.

A company trying to register a trademark sometimes encounters an unusual situation: the owner of the trademark cited against its application does not object to the registration, but the United States Patent and Trademark Office still does.

The Ninth Circuit's recent decision in Comet Technologies USA, Inc. v. XP Power, LLC overturned a $40 million trade secret verdict, exposing a critical distinction between federal and state trade secret law regarding burden of proof. The court found that jury instructions applicable under California's Uniform Trade Secrets Act improperly shifted the burden of proving information was "readily ascertainable" from the plaintiff to the defendant under the federal Defend Trade Secrets Act.

When people hear “Octane Fitness, LLC v. ICON Health & Fitness, Inc.,” they usually remember it as the case that made it easier to get attorney’s fees in patent litigation. That is true, but it also undersells what actually shifted. Ten-plus years later, the common story is still a little too simple.

Companies developing generative AI technologies face a rapidly evolving patent landscape that demands immediate strategic attention. A recent analysis of WIPO's Technology SPARK Report reveals sharp increases in AI-related patent families and expanding activity across industries beyond traditional tech sectors. Marshall Gerstein Partner Ryan Phelan examines what these trends mean for businesses navigating the competitive GenAI patent environment.

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.