Prosecution Pointer 144 - September 26, 2018

Freight markets are experiencing unprecedented divergence as transpacific ocean rates hold near peak levels while Asia-Europe lanes decline, trucking shifts from spot to contract dominance, and record diesel prices reset cost structures across all transportation modes. This comprehensive analysis examines how carrier capacity management, fuel cost pressures, and modal shifts are reshaping logistics economics heading into Q4 peak season.

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 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 Federal Aviation Administration has announced a significant policy shift affecting Cessna Citation CE-500 series aircraft, ending decades of single-pilot exemptions due to safety concerns and widespread noncompliance. The agency's decision, backed by accident data showing twice the rate of incidents in single-pilot operations compared to two-pilot configurations, will impact owners, operators, pilots...

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) published a Final Rule on October 9, 2025 that will add 26 entities and three addresses to the Entity List for a total of 29 new entries (effective immediately).

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

On March 26, 2024, the container ship m.v. DALI lost power and struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the catastrophic collapse of the bridge, deaths of six construction workers and destruction of a section of Interstate 695.

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).

The National Highway Traffic Safety Administration (NHTSA) recently announced that it would be issuing a proposed rule to codify NHTSA Standing General Order 2021-01 on Reporting Requirements for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS) in November of this year.

On Friday, March 13, 2026, the Federal Trade Commission (FTC) announced it was issuing warning letters to 97 dealer groups across the country concerning...

The U.S. Department of Commerce's Bureau of Industry and Security issued guidance on May 31, 2026, clarifying licensing requirements for advanced computing items and AI technologies. The guidance maintains export restrictions for entities in certain countries while providing limited relief for data center operators, though questions remain about future regulatory direction. Companies must now strengthen their compliance programs and supply-chain due diligence as BIS continues to prioritize national security

The TAKE IT DOWN Act establishes a comprehensive legal framework targeting nonconsensual intimate imagery, including AI-generated content, by creating criminal penalties for knowing publication and imposing strict compliance obligations...

The Federal Circuit affirmed the PTAB's unpatentability finding for a patent related to selectively enabling data paths in memory systems. The court addressed challenges to the Board's reliance on prior art references and claim mapping, while rejecting procedural arguments about the adequacy of the Board's reasoning.

The FTC's amended COPPA Rule took full effect on April 22, 2026, imposing new substantive requirements on operators of child-directed websites and online services.

The Federal Circuit affirmed a district court's validity findings for Exelixis's Salt Patents related to its cancer drug Cabometyx, holding that disclosure of chemical name, formula, and crystalline structure provided adequate written description support. However, the Court dismissed MSN's appeal and vacated the non-obviousness finding for the '349 Patent after Exelixis unilaterally dismissed its cross-appeal, preventing MSN from opposing the adverse judgment.

Enhanced Privacy Definitions: The amendments to COPPA now include biometric identifiers such as fingerprints, iris patterns, and voiceprints, alongside government-issued identifiers like passport numbers...

The Supreme Court will decide whether subscribing to any good or service from a video provider—such as a newsletter—makes someone a "consumer" under the Video Privacy Protection Act, or whether only subscriptions to audiovisual content qualify. The case involves allegations that a website disclosed a user's video-viewing history through Facebook tracking pixels after the user signed up for an online newsletter, creating a circuit split on how broadly the VPPA's consumer protections should apply.

Recent patent litigation orders from the United States District Court for the District of Massachusetts reveal critical claim construction disputes and discovery rulings that shape the boundaries of patent enforcement. How do courts balance claim definiteness requirements with the practical realities of patent scope, and what standards govern third-party discovery in indirect infringement cases?

On May 27, 2026, the Superior Court of California held that subdivision (a) of California Penal Code § 638.51 does not apply to software on commercial websites. Plaintiff Brian Blaker sued Defendant NetScout, Inc., alleging the Defendant had violated § 638.51 of the California Invasion of Privacy Act by implementing a software development kit (SDK) on its website.

A New York federal court ruled that Rebel Creamery intentionally copied Van Leeuwen Ice Cream's distinctive packaging, resulting in a $23.785 million disgorgement order and mandatory redesign. The decision demonstrates how trade dress protection can extend to overall packaging aesthetics when individual elements combine to create a unique commercial impression, even when those elements might be commonplace in isolation.