United States: Patent

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Surviving Patent Reexamination: Practical Strategies For In-House Counsel
A patent reexamination can reshape the course of an intellectual property dispute, making a thoughtful strategy essential for protecting valuable innovations. Marshall Gerstein attorneys Daniel Henry and Gabrielle Sue outline practical steps in-house counsel can take to navigate patent reexamination proceedings while minimizing risk and preserving long-term business objectives.
United States IP
MG
Marshall, Gerstein & Borun LLP
Article
Sued In America: A Canadian Company’s Plain-English Guide To U.S. Patent Lawsuits
Canadian companies and other foreign entities face unique vulnerabilities when sued for patent infringement in U.S. courts, including broader venue exposure than domestic defendants and the risk of ITC exclusion orders blocking imports at the border. Understanding the procedural differences, enforcement mechanisms, and strategic options—from USPTO challenges to early coordination with U.S. counsel—can mean the difference between a manageable defense and a costly default or injunction.
Worldwide IP
HI
Harness IP
Article
Federal Circuit Patent Watch: Patent Not Enabled Where Specification "Disclosed No Actual Dosages For Any Compound Within The Scope Of The Claims"
This comprehensive review examines six precedential Federal Circuit opinions from July 2026, covering critical issues in patent law including enablement requirements for pharmaceutical dosing claims, means-plus-function claim construction, anticipation defenses, and preliminary injunction standards. The cases address fundamental questions about claim scope, infringement analysis, and the evidentiary burdens required to establish patent validity and infringement in complex technical disputes.
United States IP
W
WilmerHale
Video
The Patent Enforcement Economy Is Leaving Inventors Behind/ IPWatchdog Unleashed (Video)
The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. Litigation finance and contingency arrangements have emerged not as exploitation but as necessary responses to a system where defending patent rights can cost $12-20 million, making infringement economically rational even when patents are strong.
United States IP
LA
Licks Attorneys
Article
Genentech Files BPCIA Patent Infringement Suit Against Biocon Over Proposed PERJETA Biosimilar
Genentech and Hoffmann-La Roche have filed a patent infringement lawsuit against Biocon Biologics concerning a proposed biosimilar to PERJETA, a treatment for HER2-positive metastatic breast cancer. The complaint alleges infringement of 28 patents and follows the BPCIA's pre-litigation "patent dance" procedures, with both parties having agreed on the list of patents to be asserted.
United States Healthcare
GP
Goodwin Procter LLP
Article
USPTO PIER Pilot Program Targets PCT Backlog
The United States Patent and Trademark Office has launched a mandatory pilot program that fundamentally changes how certain PCT national stage applications are processed, introducing a new decision point that could significantly impact patent term adjustment and examination strategy. Selected applicants must choose between proceeding with examination, delaying for 12 months with PTA consequences, or abandoning their applications based on international phase work products.
United States IP
BT
Barnes & Thornburg LLP
Article
D. Mass. Patent Litigation Update: June 2026
A Massachusetts district court grants a joint motion to stay proceedings while the parties conduct venue discovery and brief a motion to dismiss or transfer in a patent infringement case between Advanced Surgical Concepts Limited and Intuitive Surgical, Inc. The order establishes specific parameters for discovery scope and briefing schedule before other case deadlines resume.
United States Litigation
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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