Fortress Iron V. Digger Specialties Underscores Limits of Section 256 Relief for Correction of Inventorship
The Federal Circuit affirmed a district court ruling that two Fortress Iron patents were invalid because a Chinese co‑inventor, Hua‑Ping Huang, was omitted from the inventorship list. The court also rejected Fortress Iron’s request to correct the omission under 35 U.S.C. § 256, holding that the statute requires notice and a hearing for every omitted inventor, which Fortress could not provide. The decision underscores that § 256(b) relief is not automatic and hinges on satisfying procedural safeguards.
Mind the Gap: States Step in to Address Ownership of AI-Generated Works Amid Federal Uncertainty
The U.S. Supreme Court’s refusal to hear *Thaler v. Perlmutter* left the requirement for human authorship in copyright law unresolved, prompting states to act. Arkansas enacted a law that grants ownership to the individual who provides input or training data...
The Collapse of IPR—And Here’s What Founders Need to Know
Between October 2024 and February 2026 the USPTO’s inter‑partes review (IPR) institution rate plunged from 65% to 37%, a systemic shock that forced challengers to pivot to ex‑parte reexamination (EPR). EPR filings surged, reaching a quarterly high of 198 in Q3 2025 and...
Invalidity Alone Does Not Render a Case Exceptional
The Federal Circuit upheld the dismissal of mCom IP’s patent‑infringement suit but reversed the district court’s award of attorneys’ fees and sanctions. The court clarified that a claim’s mere invalidity does not satisfy the “exceptional” standard required for fee shifting...
Patentee that Retains Exclusionary Rights Has Constitutional Standing Notwithstanding Broad License Grant
The Federal Circuit reversed a district court dismissal, holding that A.L.M. Holding and Ergon retained constitutional standing despite granting Ingevity an exclusive, royalty‑bearing license to their warm‑mix asphalt patents. The court clarified that a patentee need not transfer all exclusionary...
Collision Communications V. Samsung: What Good Did the Government’s Statement of Interest Do?
The Eastern District of Texas denied Collision Communications’ request for a permanent injunction against Samsung, despite a Department of Justice statement of interest supporting non‑practicing patentees. Judge Gilstrap applied the full four‑factor *eBay* test, finding irreparable harm and inadequate monetary...
Federal NDA Proposal Highlights Renewed Employer Interest in Confidentiality Agreements
The Trump Administration has floated a federal nondisclosure agreement (NDA) mandate requiring current and future civil‑service workers to sign confidentiality contracts that aim to curb unauthorized leaks while preserving whistleblower protections. Though the proposal raises constitutional and labor‑law concerns, it...
USPTO Launches PIER Pilot Program Creating New Pre-Examination Decision Point for PCT National Stage Applications
The USPTO has launched the PCT Informed Examination Request (PIER) pilot, requiring selected PCT national‑stage applications to confirm whether they will proceed, delay, or abandon U.S. examination. The mandatory Requirement for Information (RFI) will be issued starting May 21 2026, with a...
Civil to Military Manufacturing Transition: Opportunities and Challenges
Manufacturers in the United States, European Union and United Kingdom are increasingly converting civilian production capacity to military and national‑security applications. The shift is propelled by heightened defense spending demands from the Trump administration, the Ukraine conflict and competition with...
Patent Risk in Data Centers: A Legal Q&A for Operators and Developers
Data center operators are facing a surge in patent litigation, primarily driven by non‑practicing entities that exploit the high‑capital, continuously operating nature of facilities. Plaintiffs often rely on broad, legacy patents that cover basic infrastructure such as power, cooling, and...
No “Second Bite”: USPTO Denies IPR After Trial Loss
The USPTO denied Magnolia Medical Technologies' inter partes review (IPR) petition, reaffirming that the Patent Trial and Appeal Board cannot serve as a second venue to challenge patent validity after a district‑court trial. Director John Squires emphasized that the petitioner’s...
UK-Based Graffiti Artists Dismiss Their US Lawsuit Against Vivienne Westwood - Kattison Avenue | Issue 16 - Spring 2026
UK graffiti artists Cole Smith, Reece Deardon and Harry Matthews—known as DISA, SNOK and RENNEE—filed a lawsuit accusing Vivienne Westwood of using their tags without permission. On April 30 the parties jointly filed a stipulation to dismiss the case with...
Life Sciences Collaborations and the Risk of Joint Patent Infringement
Life‑science firms collaborating across borders face uncertainty over joint patent infringement risk in Canada. Canadian law grants broad exemptions for experimental use and regulatory‑submission activities, but parties acting on a common plan can be jointly and severally liable. The 2025...
Take Time to Enjoy a Fun Summer Vacation, But Consider Creating or Revising Key Company Agreements
As summer approaches, owners should use the downtime to audit key company agreements that may lag behind rapid growth. Expanding IP portfolios, larger workforces, and higher valuations demand stronger confidentiality agreements for employees and third parties. Texas’s 2025 amendments to...
Content Unavailable: Court Blocks 3 Streaming Patents as Abstract but Keeps Bit Rate Calibration
In BitHarmony LLC v. Amazon, a Virginia federal judge applied the Alice test and dismissed four of five video‑streaming patents as abstract, while allowing a claim that enforces peak and average bit‑rate limits based on program type to proceed. The...