Building Lasting IP Protection
A column authored by Jason Balich titled “Building Lasting IP Protection” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this article, ...
Litigation
Limits on Patent Licensing: Post-Expiration Royalties, Reach-Through Royalties, and Misuse Risks
Patent owners have significant leverage at the negotiating table, but that leverage has limits. In various circumstances, the Supreme Court has held that while a patentee may refuse to license its inv...
A Look Ahead: Key Intellectual Property Legal Developments in 2025—and What to Expect in 2026
This past year saw major shifts affecting patent adjudication, prosecution strategy, biotechnology claiming, artificial intelligence, standard-essential patents, and litigation trends. Moving into 202...
Procedural Implications of Multidistrict AI Copyright Infringement Lawsuits
An article by Maria Crusey and Ed Russavage titled “Procedural Implications of Multidistrict AI Copyright Infringement Lawsuits” was published in Managing IP. As of November 21 2025, more than 50 laws...
Discretion Takes Back Control at the PTAB
A column authored by Jason Balich titled “Discretion Takes Back Control at the PTAB” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In thi...
Don’t Let Your IP Walk Out the Door
A column authored by Jason Balich titled “Don’t Let Your IP Walk Out the Door” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this arti...
Broadening Your (Patent) Protection
A column authored by Jason Balich titled “Broadening Your (Patent) Protection” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this arti...
Fair Use in AI Copyright Litigation: A Surprising Turn in Thomson Reuters v. Ross
From the pages of The New York Times to the…general counsel’s office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophical—e.g. “Could an AI agen...
Published Application Art at the PTAB: Lynk Labs v. Samsung Electronics, Co., Ltd.
In Lynk Labs, Inc., v. Samsung Electronics Co., Ltd., the Federal Circuit reinforced that patent applications may serve as prior art in IPR proceedings as of their filing date—even where those applica...
Protecting Trade Secrets
A column authored by Jason Balich titled “Protecting Trade Secrets” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this article, Jason ...
A Look Ahead: Key Intellectual Property Legal Developments in 2024 - and What to Expect in 2025
From potential legal challenges to Chinese biopharma supply chains, Europe’s new Unified Patent Court (UPC), landmark decisions in life sciences, pharma’s Orange Book listings, design patent rejection...
When ‘Patented’ Goes Beyond Inventorship In False Ad Cases
An article authored by Karen Gover titled “When ‘Patented’ Goes Beyond Inventorship In False Ad Cases” was published in Law360. Read more (subscription required).