Changing Tactics In The Cyber Underground

While the US patenting environment has changed dramatically in the past two years, high-tech startups still need to pursue patents—but with a different focus. Here’s how and why.

In our last post, we covered why building a trade secret management program matters more than blanket confidentiality designations. This post is about what a trade secret program makes possible when someone walks out the door, and why companies without one may be left with employment agreements that cannot do that job alone.

As organizations accelerate their adoption of generative AI, attention is increasingly shifting from the technology itself to the contractual frameworks that govern its use. What may appear to be standard licensing language can have significant implications for how businesses leverage AI tools, incorporate AI-generated content into their operations, and pursue future innovation strategies. This article examines one of the more consequential and evolving aspects of generative AI contracting, highlighting are

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.

A federal district court in Idaho denied McCain Foods' post-trial motions in a design patent dispute over French fry shapes, upholding a jury verdict that found McCain's "Twisted Potato" willfully infringed Simplot's design patent. The decision reinforces critical procedural requirements for Rule 50 motions and clarifies standards for proving design patent infringement through photographs and marketing materials.

In VDPP, LLC v. Volkswagen Group of America, Inc., the Federal Circuit addressed whether a non-practicing entity that licenses its patent through settlement agreements must ensure those licensees comply with patent marking requirements under 35 U.S.C. § 287(a). The court's ruling clarifies that patent owners cannot avoid marking obligations simply because they don't manufacture products themselves...

The Seventh Circuit's 2024 decision in Motorola Solutions v. Hytera Communications established that the Defend Trade Secrets Act can reach conduct outside the United States and permit recovery of damages based on worldwide sales. District courts have begun applying this precedent, expanding the potential scope of liability for cross-border trade secret disputes. The ruling raises important questions about how minimal a US connection may be before federal trade secret protection no longer applies.

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.

Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.

Hermione Thompson and John Leeming are partners and European and UK Patent Attorneys at J A Kemp.

The FDA, in collaboration with federal partners, held a landmark public hearing on September 14, 2026, to gather input on the future therapeutic use of psychedelic drugs, drawing over 18,000 registered attendees. This hearing represents one of the earliest implementations of Executive Order 14401, which directs federal agencies to expedite research, review, and approval of psychedelic drugs for serious mental health conditions.

Federal legislation has pushed back the scheduled ban on hemp-derived THC products from November 12 to December 11, 2026, providing a temporary reprieve for an industry employing 350,000 people nationwide. However, this one-month extension offers no permanent resolution, and stakeholders face mounting pressure as multiple state-level restrictions continue to take effect independently of federal timelines.

A federal judge in New York has struck down the state's climate superfund law, finding it preempted by federal Clean Air Act authority. The ruling raises critical questions about whether states can impose liability on energy companies for climate change impacts, or if such matters fall exclusively within federal jurisdiction. With the Supreme Court set to hear a related case, this decision may signal broader implications for climate litigation nationwide.

The National Labor Relations Board's new General Counsel has announced plans to challenge over a dozen Biden-era decisions that expanded employee protections and union rights. From severance agreements and workplace rules to captive-audience meetings and bargaining requirements, these reversals could fundamentally reshape the employer-employee relationship across American workplaces. Employers should prepare for a dramatically different regulatory environment as these changes take effect.

The U.S. Department of Energy and Small Business Administration have launched a groundbreaking partnership to direct private investment toward small businesses developing energy and critical technologies. This new initiative combines federal expertise with private capital to accelerate commercialization of innovations in artificial intelligence, quantum computing, advanced manufacturing, and energy security. Fund managers and entrepreneurs in these strategic sectors now have access to expanded financing opp

The Office of the Comptroller of the Currency has proposed new regulations that would impose Bank Secrecy Act and sanctions compliance requirements on permitted payment stablecoin issuers under its jurisdiction. This rulemaking, coordinated with FinCEN and OFAC, establishes anti-money laundering, counter-terrorism financing, and sanctions program standards for stablecoin issuers as part of the broader implementation of the GENIUS Act framework.

The Treasury Department and IRS have proposed sweeping new regulations that would revoke tax-exempt status from private schools maintaining any race-conscious policies, from admissions to scholarships to athletics. The proposed rule eliminates longstanding safe harbors for minority-preference programs and extends the Supreme Court's recent college admissions decision to K-12 schools and all educational programs.

The CFTC has proposed a new exemption from commodity pool operator registration for SEC-registered investment advisers operating privately offered commodity pools with sophisticated investors...

The SEC under Chairman Paul Atkins is reshaping enforcement priorities, returning to traditional financial fraud and insider trading cases while implementing significant Wells process reforms that enhance transparency and defendant rights. Recent enforcement actions and policy changes reveal a strategic pivot toward materiality-based disclosure requirements and away from expansive regulatory theories, though the agency maintains robust pursuit of accounting fraud, investment schemes, and misappropriation of

A federal appeals court has unanimously upheld EPA's authority to designate PFOA and PFOS as hazardous substances under CERCLA, reaffirming the agency's power to regulate environmental threats even when scientific certainty is incomplete. The decision, which included one of the most prominent anti-regulatory appellate judges, reinforces a 50-year precedent that allows EPA to act on scientific probabilities rather than absolute proof when protecting public health and the environment.