Dupe lawsuits do more than challenge copycats – they put a brand’s IP on trial. The recent jury verdict in Deckers Outdoor Corp. v. Last Brand, Inc. serves as a reminder that enforcing against alleged “dupe” products can expose weaknesses in a brand’s asserted rights. If a brand’s IP rights have not been objectively vetted
IP Intelligence
Insight on Intellectual Property
Can a Discretionary IPR Denial Also Shut the Door on Ex Parte Reexamination?
Discretionary factors, including “settled expectations,” have done a lot of work at the PTAB over the past year. They have become a powerful basis for denying inter partes review (IPR), particularly when patents have been in force for years and challengers waited to act. Ex parte reexamination is different. It is not subject to the…
Science Fiction as Prior Art?
By Kyle Morse
Some inventors find their inventive spark through science fiction. Tasers, for example, were inspired by (and named after) the 1911 novel Tom Swift and His Electric Rifle.[1] Likewise, Motorola’s early cellphones were heavily influenced by the communicators in Star Trek.[2] Hugo Gernsback, the author of countless sci-fi classics and a prolific patent holder…
Manufacturing Matters: The USPTO’s New Discretionary Institution Factors
USPTO institution decisions are no longer just about prior art. Over the past year, the Director has steadily expanded discretionary institution analysis to account for broader policy considerations, and the latest change makes manufacturing activity and small business status relevant to whether an inter partes review (IPR) or post grant review (PGR) will be instituted…
Second Time’s the Charm? The Government Again Intervenes on Injunctions in East Texas
For the second time in less than a year, the USPTO, along with the DOJ’s Antitrust Division, has stepped into a patent case pending in the Eastern District of Texas. Once again, the intervention is before Judge Gilstrap in Marshall, the epicenter of U.S. patent litigation. And once again, the government is weighing in on…
The District of Delaware Proposes Revised Local Rules
On February 25, the U.S. District Court for the District of Delaware published proposed revisions to its local rules, which were last modified August 1, 2016. The proposed revised rules were recommended by the Lawyers Advisory Committee of the District of Delaware with approval of the court.
Most of the revisions conform the previous version…
Patent Law and CLE in an Hour? Our Fastest Annual Tradition Returns
If you want to understand a year’s worth of patent law — and earn CLE credit while you’re at it — mark your calendar, because the ninth annual One Year of Patent Law in 60 Minutes webinar is almost here. This signature program distills the most consequential developments in patent law into a fast‑moving, insight‑packed…
South Korea’s New AI Basic Act: What US Companies Need To Know
By Jung W. Kim
On Jan. 22, South Korea’s AI Basic Act came into force, establishing one of the world’s most comprehensive frameworks for artificial intelligence. For U.S. companies operating in or targeting the Korean market, this law brings both new compliance challenges and strategic opportunities.
Key Takeaways:
- Dual Focus: Innovation and TrustThe act aims to boost Korea’s AI
…
2026 BakerHostetler IP Perspectives (BHIPP) v3.0
In today’s rapidly evolving intellectual property landscape, one constant remains: Change is inevitable – and often unpredictable. From heightened social media enforcement to sweeping U.S. Patent and Trademark Office (USPTO) reforms, 2026 is already redefining how rights holders protect and leverage their IP. Here are some of the key developments shaping the year ahead that…
The USPTO’s SEP Working Group: The Next Chapter in Patent Value Advocacy
With 2025 drawing to a close, the U.S. Patent and Trademark Office’s (USPTO) Dec. 29 announcement of its Standard-Essential Patent (SEP) Working Group signaled that the agency is continuing its campaign to enhance the strength and value of U.S. patents. What makes this announcement especially notable is the USPTO’s explicit reference to its two recent…