Copyright & Trade Secrets
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July 29, 2026Copyright & Trade Secrets3 min read
By Mikele
Insights
Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Reading an Orange Book Listing the Way a Litigator Would
An Orange Book entry is an assertion, not an adjudication — and the difference is where most ANDA disputes actually live. Three things to check first 1. Use codes. They frame the carve out fight before anyone files. 2. Expiry versus exclusivity. They are…
July 29, 2026Pharma & ANDA1 min read
The Prosecution Data Most IP Attorneys Never Look At
Most prosecution strategy is set before anyone looks at who is actually examining the application. What is sitting there unused Every examiner has a history: allowance rate, average number of office actions, how often an interview changes the outcome. None…
July 29, 2026Federal Circuit1 min read
PTAB in 2026: What Practitioners Are Getting Wrong
Institution rates have moved, but the reasoning behind them has moved further. The number most petitions still cite is the headline institution rate — and it has not been the operative number for two years. The two stage problem A petition now has to…
July 29, 2026PTAB1 min read
Not All Mifflins Are Equal: When Commercial Impression Saves the Day
Written by : Rosaleen Chou Key Takeaway: Even where goods are identical or closely related, the TTAB continues to place significant weight on differences in commercial impression. A mark’s meaning, whether driven by pop culture context or literal…
July 24, 2026Trademark2 min read
Federal Circuit Affirms Invalidation of Patent for Lack of Enablement of Claims Directed to a Method of Treating a Patient with a Unit Dosage in Wyeth Llc v Astrazeneca Pharmaceuticals Lp
Written by : Eric Furman, Ph.D. and Ashley C. Morales Key Takeaway: Federal Circuit invalidates patent claims directed to a method for treating non-small cell lung cancer through administration of “a unit dosage” of an irreversible epidermal…
July 21, 2026Federal Circuit4 min read
Fresh From the Bench: Latest Precedential Patent Case
Ridge Corp. et al. v. Kirk NationaLease Co. et al. , Appeal No. 2025-1254 (Fed. Cir. July 13, 2026) In its only precedential patent opinion last week, the Federal Circuit considered an appeal of a preliminary injunction issued by the U.S. District Court…
July 20, 2026PTAB3 min read
Fresh From the Bench: Latest Precedential Patent Cases
CASE OF THE WEEK Wyeth LLC v. AstraZeneca Pharmaceuticals LP , Appeal No. 2024-2325 (Fed. Cir. July 9, 2026) In our Case of the Week, the Federal Circuit affirmed a district court ruling reversing a $107.5 million jury verdict against AstraZeneca in a case…
July 13, 2026PTAB2 min read
When About Becomes Indefinite Federal Circuit Provides Guidance for Life Science Patent Applications Regarding Limits of Approximation in Enviro Tech v Safe Foods
Written by : Jason J. Jardine and Kenneth O. Aruda, Ph.D. Key Takeaway: The term “about” remains useful in biotech and pharmaceutical claims, but only if the patent provides objective guidance about what the term means. Absent that guidance,…
July 13, 2026Federal Circuit3 min read
Unsorted
Space Tech Investment Grows in 2026 Amid Congressional Proposals Affecting Contractual IP Rights
Written by : Tom Cowan Key Takeaways : Private investment in space technology continues an upward trend in 2026, with increasing growth in late stage and venture growth deals, including private equity purchases. Against a backdrop of the “dual…
July 13, 2026Unsorted4 min read
Changes to Mexican Patent Law May Impact Life Science Patent Prosecution
Written by : Jason J. Jardine and Bailey R. Arenberg Key Takeaway : While recent amendments to Mexico’s patent laws promote faster prosecution and earlier decisions on patents, concerns abound as to the feasibility and integrity of the prosecution…
July 13, 2026Patent Prosecution2 min read
One Definition and the Walls Come Down District Court Dismisses Copyright Claim Based on Misclassified Cabinet Registration
Written by : Ian W. Gillies and Eric R. Blosser Key Takeaway: A federal district court dismissed a copyright infringement claim on the grounds that the work in the asserted registration had been improperly classified under the Copyright Act. This case…
July 1, 2026Copyright & Trade Secrets3 min read