United States: Intellectual Property

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

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.

Formulation patent applications rarely fail because the science is weak. They fail because the invention is not positioned to survive an obviousness analysis.