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The Rise of ‘Settled Expectations’ In USPTO Review and the Fallout for Patent Owners and Challengers
The U.S. Patent and Trademark Office (USPTO) has introduced significant changes in how it manages discretionary denials for post-grant proceedings before the Patent Trial and Appeal Board (PTAB). In early 2025, these changes were crystallized through new memoranda — most notably, Acting Director Coke Morgan Stewart’s March 26, 2025 guidance — which have reshaped the process by adding a nuanced focus on the “settled expectations” of patent parties. These developments greatly impact how companies should approach patent clearance studies for new products entering the market, patent litigation, and strategic patent management.
New Bifurcated Review (from March 2025)
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.