Patent Litigation

  • Who May Sue: Patent Standing Issues and Implications for the Life Sciences Industry (Part I)

    Standing is the issue that determines whether a plaintiff is the right party to bring a case. Although it is a fundamental requirement for all cases, it poses unique challenges in the patent context, particularly for life sciences companies. This two-part article provides guiding principles and potential pitfalls for plaintiffs and defendants alike. In this first article, we lay out the Federal Circuit’s framework for analyzing standing in patent cases and explain what rights a patent owner must have in order to sue for patent infringement.

    March 01, 2026Matthew Chivvis and Sumaiya Sharmeen and Evelyn Li-Jin Chang and Maya Darrow

  • Open-Source Software IP Analysis Needs to Include Patent Risks

    OSS delivers flexibility, scalability, and speed that few proprietary stacks can match. But the benefits outweigh the risks only if the risks are actively managed. The core lesson is structural. OSS copyright compliance is indispensable but incomplete. Patent exposure can attach even where distribution is lawful and good faith is undisputed, and contributor-based patent grants, even when well drafted, do not eliminate third-party assertion risk.

    March 01, 2026Brandon Theiss

  • IP News

    Federal Circuit: Issue Preclusion Precludes the Board from Reaching the Opposite Conclusion on PatentabilityFederal Circuit: Result-Oriented Claims that Fail to Disclose How the Alleged Goal is Achieve are Unpatentable

    March 01, 2026Jeffrey Ginsberg and Kaiying Wang

  • IP News

    Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use

    January 01, 2026Jeffrey Ginsberg and Shelli Gimelstein

  • Generative AI and E-Discovery In Patent Litigation

    As electronic discovery continues to evolve, pharmaceutical and technology companies — particularly those navigating the complexities of patent litigation — face a rapidly changing technological landscape that is increasingly influenced by AI tools.

    December 01, 2025James R. Tyminski and Taskeen Aman

  • IP News

    Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary JudgmentFederal Circuit Concludes That Two Organizations Lack Associational Standing to Challenge USPTO’s Denial of Petition for Rulemaking

    October 31, 2025Jeffrey Ginsberg and Basil Williams

  • When Patent Prosecution Becomes Something More

    Most days, preparing and prosecuting patent applications follows a familiar rhythm. Talk with the inventors. Draft the application. Wait for the Patent Office. Argue a few times. Secure the patent. Repeat. But every so often, a case reminds us that our work can mean much more — especially when something has gone wrong, and someone needs an advocate to make it right.

    August 31, 2025Ryan Ward