Part One of a Two-Part ArticleThis two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. It also addresses considerations for petitioners to consider when developing their initial and ongoing invalidity strategies. Part One leads off with a discussion of the evidentiary requirements for proving earlier invention, conception and diligence and actual reduction in practice.
- April 30, 2025Emily J. Roberts, Ph.D. and Adam R. Brausa
For law firms, the global shipping of servers and IT hardware is not just a logistical task — it’s a critical component of operational continuity and client service. A single oversight in documentation could delay sensitive shipments, compromise remote attorney onboarding, or interrupt court deadlines reliant on secure data transfer and IT setup. Here’s more detail on the evolving complexity and some key solutions.
April 30, 2025Anthony DaviesThis article discusses how hotel industry stakeholders attempt to address these competing concerns in hotel management agreements through indemnification language, how courts interpret these provisions, and considerations for hotel owners and managers when negotiating such provisions.
April 30, 2025Todd E. Soloway and Bryan T. MohlerThe U.S. Court of Appeals for the Federal Circuit recently addressed the usage of the doctrine of collateral estoppel in patent infringement cases. Specifically, the court considered whether a finding of invalidity of claims by the PTAB at an inter partes review could be used to estop a patent holder from asserting patent infringement of different claims of the same patent in district court litigation.
April 30, 2025Cory G. Smith and George C. Chen and Ellen KomlosThe intersection of artificial intelligence and cryptocurrency was involved in a recent decision where the U.S. Bankruptcy Court for the District of Delaware dismissed claims against an alleged participant in a scheme that induced investors to fund over $30 million in an artificial intelligence company designed to generate revenue from enhanced cryptocurrency mining.
April 30, 2025Andrew C. Kassner and Joseph N. Argentina Jr.While the enforcement landscape continues to evolve, companies should continue to maintain effective compliance programs and fully remediate any issues that arise.
April 30, 2025Jonathan New and Patrick Campbell and Shelleah JacksonBankruptcy courts typically scrutinize transactions that attempt to shift the jurisdiction or activities of a debtor, prior to filing for bankruptcy, on the basis that such actions may thwart creditor expectations or accomplish other improper objectives.
April 30, 2025Evan Jason Zucker and Michael B. Schaedle and Jennifer K. MalowThe Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi reshaped enablement analysis for broad genus patent claims. In the wake of Amgen, broad functional claims have been scrutinized rigorously for sufficient disclosure. This article summarizes key post-Amgen decisions, which illustrate how patent drafters and litigators must navigate the fine line between claim breadth and disclosure depth in the post-Amgen era.
April 30, 2025Stephen R. Auten and Jaimin H. Shah and Roshan P. Shrestha, Ph.D.The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.
April 30, 2025Harry Sandick and Kabir HashmiBuying distressed real estate from a receiver presents unique opportunities and challenges. A court-appointed receiver manages and preserves assets for creditors, investors, or other stakeholders, typically in cases involving financial distress or mismanagement. Because of these circumstances, purchasing real estate from a receiver requires a strategic approach. Below are key considerations for successfully acquiring real estate in a receivership sale.
April 30, 2025Sandra M. Ferrera











