10.13.2026
Over a century ago, the pocket watch was ubiquitous. People set their watches based on town clocks, jewelry store clocks, or telegraphed times. Time governed everyday life, including railroad routing, communication, industry, and science. Thus, quality watches were essential. Watches were mostly mechanical until the 1970s, when quartz watches emerged as a threat due to…
Read More10.06.2026
On August 10, 2026, the Federal Circuit issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc. that changes how a patent challenger establishes the prior art date of a reference patent or published application. The holding is this: a reference does not receive the filing date of its provisional application for prior…
Read More09.29.2026
In February 2026, the Fifth Circuit sanctioned appellate counsel $2,500 for a reply brief containing sixteen fabricated quotations and five misstatements of law and fact, concluding that counsel had used generative artificial intelligence to draft substantially all of it and had verified none of it. The notable feature of Fletcher v. Experian Information Solutions, Inc.,…
Read More09.22.2026
Patent prosecution before the United States Patent and Trademark Office (USPTO) is changing. It is becoming more strategic and more front-loaded. The practical consequence is that decisions practitioners once deferred until later in prosecution increasingly need to be made earlier. Restriction practice, first Office Actions, Examiner interviews, § 101, artificial intelligence, Requests for Continued Examination…
Read More09.14.2026
Under U.S. patent law, only the “patentee” can file an infringement suit. Normally, this means that only the patent owner can sue infringers. However, licensees under a license from the owner can sometimes sue infringers on their own, without dragging the owner into court, if the patent license has transferred enough control to make the…
Read More09.09.2026
Conley Rose, P.C., is pleased to announce that Jerry C. Harris, Jr. has rejoined the firm, bringing more than two decades of experience advising clients on complex patent, trademark, and intellectual property matters. Jerry previously practiced with Conley Rose and brings extensive experience representing both patent owners and parties accused of infringement. His practice spans…
Read More09.08.2026
Generative AI (“Gen AI”) products are known as Large Language Models (“LLMs”), of which several well-known tools are commercially available (e.g., ChatGPT, an OpenAI tool; Claude, an Anthropic tool; Gemini, a Google tool; and CoPilot, a Microsoft tool). There is a growing body of research surrounding how LLMs operate, including in writing software code.1 However,…
Read More09.01.2026
In video coding, valuable inventions do not always reside in the encoder or decoder. Sometimes the innovation is embodied in the encoded output itself: the arrangement of syntax elements, flags, parameters, and coded data that make up a compliant bitstream. A carefully drafted bitstream claim can therefore reach a commercially important point in the video-delivery…
Read More08.25.2026
Trademark owners seeking clarity or new trademark applicants looking for a clearer path to registration sometimes face currently registered trademarks that pose problems. Such registered trademarks may have problems of their own—questionable or fraudulent specimens, false statements, abandonment during a period when a renewal is not due for years, etc. For many years, the only…
Read More08.18.2026
Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889 (U.S. June 4, 2026) On June 4, 2026, a unanimous Supreme Court reversed the Federal Circuit and held that Amarin failed to plausibly allege that Hikma induced infringement of Amarin’s method-of-use patents. The decision clarifies what a branded manufacturer must plead to keep a “skinny…
Read More08.04.2026
Beginning August 13, 2026, patent applicants and owners seeking relief from certain missed deadlines will face heightened evidentiary requirements sooner than under prior USPTO practice. Under a recently issued final rule, a delay exceeding one year will require an explanation establishing that the entire delay was unintentional. The previous threshold was two years. The change…
Read More07.28.2026
Sitting down to write this article, I’m not sure whether to call it an op-ed, an infomercial, or just an upbeat rant. Whatever the label, one thing is clear: for Fortune 500 companies and start-ups alike, making sense of AI’s role in their legal strategies – patent portfolio management being the focus here – has…
Read More07.21.2026
U.S. patent prosecution strategy has long included two familiar tools: keeping continuation applications pending to preserve claim flexibility and filing Information Disclosure Statements to satisfy disclosure obligations as new references arise. Both practices remain central to patent prosecution. But under the United States Patent and Trademark Office’s (USPTO) current fee structure, they now carry additional…
Read More07.14.2026
Beginning July 20, 2026, many foreign-domiciled patent applicants and patent owners will be required to be represented by a registered patent practitioner for patent filings and correspondence submitted to the United States Patent and Trademark Office (USPTO). The change comes from the USPTO’s final rule, “Required Use by Foreign Applicants and Patent Owners of a…
Read More07.09.2026
Insulet Corp. v. EOFlow, Co. Ltd., No. 2025-1807 (Fed. Cir. May 28, 2026) The Take-Away In May 2026, the Court of Appeals for the Federal Circuit threw out a $59 million verdict for trade secret misappropriation. Insulet Corporation, which makes the “Omnipod” insulin patch pump, won the verdict against Korean competitor, EOFlow. The jury in…
Read More06.30.2026
Students find themselves in law school for many different reasons. Some simply like to argue, others evade gainful employment with their undergraduate degrees, and yet others aspire to be one of the handful of bona fide, practicing constitutional lawyers. However, most law students would struggle to name a fellow classmate eager to one day leverage…
Read More06.23.2026
Program Overview The United States Patent and Trademark Office (USPTO) launched the Streamlined Claim Set Pilot Program, which offers patent applicants an opportunity to obtain expedited examination of U.S. non-provisional utility patent applications with lower burdens (lower fees and less upfront pre-emptive analysis) as compared to the two other USPTO accelerated examination programs: (i) Track…
Read More06.16.2026
The Alabama Personal Data Protection Act (“APDPA”) was signed into law on April 17, 2026. The APDPA will go into effect on May 1, 2027. Alabama brings the total number of state consumer privacy laws to 23. OVERVIEW While the APDPA largely mirrors other states’ data privacy laws, especially the Virginia law, the APDPA contains…
Read More06.09.2026
In Federal Express Corp. v. Qualcomm Inc., the Federal Circuit addressed an important threshold question in inter partes review practice: whether a patent owner may obtain appellate review of the Patent Trial and Appeal Board’s refusal to decide a disputed real-party-in-interest issue under 35 U.S.C. § 312(a)(2). The court held that it could not review…
Read More05.27.2026
This article describes a glitch in the U.S. Patent and Trademark Office electronic filing system for trademark applications and renewals, and provides a workaround for those affected by the problem. The Trademark Office has been transitioning its electronic filing system over the past few years, phasing out the old TEAS system (Trademark Electronic Application System),…
Read More05.19.2026
For many years, after-final practice occupied a useful middle ground in U.S. patent prosecution. Counsel could file an after-final response with a narrowing amendment, request an examiner interview, and often work toward allowance without immediately resorting to a request for continued examination (RCE) or appeal. That path was never guaranteed, but it was often meaningful….
Read More05.12.2026
On paper, the innovation gap is easy to quantify. Across global studies, only about 13–18% of named inventors on patent applications are women. The numbers are consistent across jurisdictions, industries, and time. Progress is happening, but that progress is slow-moving. In practice, however, the gap is far more complex. During a recent panel on empowering…
Read More05.05.2026
Artificial intelligence (AI) is now part of the ordinary innovation process in industry. Engineers use generative AI to propose design alternatives. Researchers use machine learning (ML) tools to identify patterns and optimize experiments. Product teams use AI-assisted coding and drafting tools to accelerate development. As these tools become more common, one question is becoming increasingly…
Read More05.02.2026
Patent practitioners spend considerable time debating claim language and claim scope. The specification, by contrast, tends to get treated as a supporting document, something drafted around the claims rather than alongside them as an equal strategic tool. However, the depth and character of the specification is itself a prosecution decision, one that shapes everything from…
Read More04.28.2026
Diagnostic claims and products of nature represent two of the most challenging areas for establishing subject matter eligibility under 35 U.S.C. § 101. Both domains sit at the fault line between discovery and invention—the place where patent law must determine whether a claim protects a genuine technological advance or merely appropriates a natural phenomenon. Getting…
Read More04.21.2026
In patent prosecution obviousness rejections are often resolved at the level of prior art disclosures and articulated rationales. The examiner identifies familiar components, supplies a reason to combine, and concludes that the claimed result would have followed as a predictable consequence. The response then becomes a debate over whether the references disclose each limitation or…
Read More04.14.2026
In today’s fashion and design landscape, copying rarely looks like counterfeiting. Instead, copying often appears as something more ambiguous – and more widespread: the “dupe.” Fast fashion and the popularity of the “quiet luxury” aesthetic, along with platforms like TikTok, have helped popularize dupes. These products closely imitate the look and feel of branded goods…
Read More04.07.2026
The Federal Circuit’s March 11, 2026 decision in Gramm v. Deere is an important correction to an approach that appears with some regularity in means-plus-function disputes: courts and litigants import unclaimed capabilities from the specification into the corresponding-structure analysis and then use that expanded analysis to manufacture indefiniteness. The Federal Circuit rejected that move. Background…
Read More04.01.2026
This year marks the 35th anniversary of Conley Rose and more than three decades of practicing intellectual property law. Founded in 1991, Conley Rose has remained focused exclusively on intellectual property, providing high-quality, efficient, and dependable IP services to clients ranging from startups to Fortune 500 companies. Over the years, the firm has grown into…
Read More03.31.2026
The USPTO recently introduced its Automated Search Pilot Program, offering applicants an opportunity to receive an automated prior art search result before substantive examination begins. For in-house counsel overseeing patent portfolios and outside counsel advising on filing strategy, the program raises a practical question: does earlier access to machine-generated prior art improve decision-making, or does…
Read More03.24.2026
Cybersecurity Requirements for Protecting Organizational Data How do you make sense of the rapidly evolving cybersecurity rules, regulations, and required protections? How can you ensure that your company has in place the minimum security measures to protect its proprietary information, third-party Confidential Information it receives pursuant to any contractual agreement, and any personally identifiable information (PII)…
Read More03.17.2026
Intellectual property law provides multiple tools to protect the look of products. Two of the most important are design patents and trademarks. While both can protect visual aspects of products, they operate differently and serve distinct strategic purposes. Many successful companies use both forms of protection to safeguard design and brand identity of a single…
Read More03.10.2026
Is your patent application moving as quickly as it could? Delays in examination can give competitors an advantage and postpone your ability to enforce your rights. For innovative companies, slow prosecution can impact product launches, licensing opportunities, and overall business strategy. The USPTO offers several no-fee pathways to advance applications out of turn, potentially reaching…
Read More03.03.2026
International patent practice creates drafting challenges when specifications must satisfy both European and US requirements. Many practitioners believe EPO practice requires explicit problem-solution language that criticizes prior art inadequacies. This misconception may lead to using problem-solution language in US applications that creates risks such as prosecution history estoppel and claim scope limitations — risks that…
Read More02.24.2026
The Duty of Disclosure and the Role of the IDS Patent applicants and practitioners must disclose all information material to the patentability of a patent application to the United States Patent and Trademark Office (USPTO) while the application is pending. This duty of disclosure, commonly referred to as the duty of candor, is implemented in…
Read More02.06.2026
Conley Rose, P.C. has been recognized in Juristat’s 2025 Edition of Top Patent Firms, earning Gold honors across multiple core prosecution performance metrics and being named Top Outside Patent Counsel, placing the firm among the industry’s leading patent practices. Conley Rose received Gold recognition in the following core prosecution performance metrics: Normalized Allowance Rate Normalized…
Read More01.06.2026
Artificial intelligence is rapidly being integrated into products, services, and internal workflows across nearly every industry. Companies are using AI to design products, analyze data, generate content, and automate decision-making at scale. While these capabilities create real business value, they also introduce new and often misunderstood intellectual property (IP) risks. Organizations that move quickly to…
Read More11.20.2025
In today’s interconnected economy, intellectual property (IP) does not stop at the border. Whether you’re launching a product, expanding a brand, or licensing technology abroad, your ability to protect and enforce your IP globally is a cornerstone of long-term value. Yet navigating international IP systems can be complex and costly without a deliberate, strategic approach….
Read More11.06.2025
A strategic IP audit ensures your patents, trademarks, copyrights, and trade secrets remain current, enforceable, and aligned with your business goals. Regular audits help protect innovation, prevent lapses in rights, and position your company for enforcement, investment, and growth. Learn why proactive IP portfolio management is essential for safeguarding long-term value.
Read More10.27.2025
Learn how strong cybersecurity and privacy practices protect intellectual property, client data, and innovation in the digital age.
Read More10.21.2025
In an innovation-driven economy, software is often a company’s most valuable asset. This article outlines how patents, copyrights, trade secrets, and licensing intersect to safeguard software and emerging technologies.
Read More10.07.2025
Integrating intellectual property (IP) strategy into every stage of product development and go-to-market planning helps businesses protect innovation, reduce risk, and gain a lasting competitive edge. From patents and trademarks to trade secrets and design rights, a proactive IP approach strengthens positioning, pricing, and long-term return on investment.
Read More09.25.2025
How IP due diligence uncovers risks, confirms ownership, and protects deal value in mergers, acquisitions, and investment transactions.
Read More09.16.2025
How to build a trade secret protection plan to identify, protect, and enforce confidential business information without public disclosure.
Read More09.09.2025
Your brand is more than just a logo—it’s your reputation. This article breaks down what trademarks are, why they matter, and how to protect your brand identity through strategic trademark registration, maintenance, and enforcement.
Read More09.02.2025
Learn what a patent is, the types of patents available, and how to know if protecting your invention through the United States Patent and Trademark Office (USPTO) is the right move for your business.
Read More08.27.2025
In today’s innovation-driven economy, ideas can quickly become a company’s most valuable asset. Learn how patents, trademarks, copyrights, and trade secrets can protect and maximize the value of your innovations.
Read More07.28.2025
Texas has passed a new AI law—TRAIGA—that affects any business developing or using AI systems connected to Texas. Learn what’s prohibited, who must comply, and how to prepare for enforcement starting January 1, 2026.
Read More06.13.2025
Conley Rose is pleased to welcome Rob West as Director of Business Development and Marketing. Rob brings over seven years of legal marketing experience and will lead firm-wide initiatives to strengthen client engagement, enhance visibility, and support strategic growth. Based in Nashville, Rob will work across all three Conley Rose offices.
Read More03.22.2024
Conley Rose is proud to announce the opening of its new office in Alexandria, Virginia and the election of Alan Thiemann as a Principal of the firm as a part of that office. We are excited at the unique opportunity to have added a highly experienced group of attorneys and staff who bring experience and…
Read More03.22.2024
Conley Rose P.C. is pleased to announce that it has elected three new principals to the firm: Alan Thiemann, Nicholas Beaulieu, and Eric Kent. Michael W. Piper, President of Conley Rose says, “Alan, Nicholas, and Eric routinely demonstrate outstanding dedication to our firm and clients. Their sound legal and business judgment are a great contribution…
Read More02.15.2022
Conley Rose P.C. is pleased to announce that it has elected two new Principals to the firm: Brandt Howell and James Hooper. Michael W. Piper, President of Conley Rose says, “Brandt and James consistently demonstrate tremendous dedication to our firm and clients, as well as the highest degree of integrity. Their sound legal and business…
Read More09.13.2021
Conley Rose, P.C., an intellectual property-only law firm is pleased to announce Ryan Jenlink has rejoined the firm as Shareholder and Chair of the firm’s Life Sciences Practice Group. Ryan has over a decade of experience protecting and maximizing the value of inventions, patents, and other intellectual property (IP) assets for inventors, scientists, biologists, companies,…
Read More02.05.2021
Texas-based IP law firm Conley Rose announced today it has elected three new shareholders to the firm: Elexis Jones, Gayatry Nair and Brooks W. Taylor. “We are very excited about this group of new shareholders,” said Michael W. Piper, firm President. “They each have a have strong work ethic and have demonstrated tremendous dedication to…
Read More06.14.2019
InDodocase VR v. MerchantSource dba Sharper Image (CAFC 04-18-2019), the Federal Circuit confirmed that Inter Partes Review (IPR) is precluded by a typical exclusive venue provision in a patent license agreement. As is typical, the license in this case specified that “any dispute arising out of or under this Agreement . . . shall be…
Read More04.26.2019
Part of the trademark registration process is submitting a specimen of the mark as used in commerce (“specimen of use”). Recently, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld the decision of a split Trademark Trial and Appeal Board (TTAB) panel that refused to register the trademark “CASALANA” for “knit pile fabric…
Read More03.15.2019
U.S. News & World Report and Best Lawyers recently announced the “Best Law Firms” rankings for the eighth consecutive year. Conley Rose was regionally ranked in the 2018 U.S. News – Best Lawyers “Best Law Firms” in two (2) practice areas: Litigation – Patent and Litigation – Intellectual Property. The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous…
Read More01.23.2019
The sale of a patented invention before the patent application filing date will preclude a patent under 35 U.S.C. § 102(a), subject to a limited one-year grace period under § 102(b). In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229 (Jan. 22, 2019), the Supreme Court held that this prohibition against pre-filing…
Read More01.21.2019
CAFC reminds the TTAB that all factors relating to likelihood of confusion between two marks must be considered when they are of record in In Re: Guild Mortgage Co., Case No. 2017-2620 (Fed. Cir. January 14, 2019).
Read More10.08.2018
In Natural Alternatives v. Iancu (Fed. Cir. 2018), the court held that an after-filing cancellation of priority claims in a parent application interrupted the previously claimed full chain of priority in the child application, thereby rendering that child application invalid based on the issued patents from the now-canceled portion of the priority chain.
Read More05.18.2018
The Federal Circuit recently narrowed the permissible venue choices for patent litigation. In re BigCommerce, No. 2018-120 (May 15, 2018), holds that a corporate defendant “resides” for the purpose of patent venue under 28 U.S.C. § 1400(b) in only one district within its state of incorporation (for states with multiple districts). That single district is…
Read More04.19.2018
In Droplets, Inc. v. E-Trade Bank, the patent applicant filed a continuation application that claimed priority to a pending parent application and an expired provisional application. However, the priority claim did not include an intermediate continuation application filed between the parent application and the provisional application. The Federal Circuit held that the patent-in-suit was only…
Read More02.27.2018
In Arendi S.A.R.L. v. Google LLC, the Federal Circuit upheld a PTAB finding that Arendi’s claims at issue in an IPR were obvious, despite a narrow construction resulting from prosecution disclaimer. Prosecution disclaimer traditionally arises when a patent applicant “clearly and unambiguously” surrenders claim scope during prosecution, usually by arguments and related claims amendments. During prosecution,…
Read More12.15.2017
In Amgen v. Sandoz, No. 2015-1499 (Dec. 14, 2017), the Federal Circuit held that 42 U.S.C. § 262 (the “BPCIA”) preempts state law claims for unfair competition. The BPCIA provides for streamlined FDA approval of drugs that are “biosimilar” to previously approved drugs. Similar to the Hatch-Waxman Act, a biosimilar application under the BPCIA also gives…
Read More11.03.2017
In Jang v. Boston Scientific (Sept. 29, 2017), the Federal Circuit rejected Dr. Jang’s attempt to prove infringement under the doctrine of equivalents. Here, “ensnarement” limits the doctrine of equivalents whenever a hypothetical patent claim that literally covers the accused product would also ensnare the prior art. When ensnarement is invoked to avoid infringement, the…
Read More09.26.2017
In NFC Technology v. Matal (September 2017), a panel of the Federal Circuit reversed the PTAB’s finding of obviousness based on the patent owner’s failure to antedate a prior art reference. The PTAB held that a third party’s fabrication of a prototype did not inure to the benefit of the inventor for purposes of reduction to…
Read More08.11.2017
In Honeywell v. Mexichem (August 2017), a panel of the Federal Circuit reversed the PTAB’s findings of obviousness from an inter partes reexamination. Honeywell’s patent covered a refrigeration composition for air conditioning systems, including an unsaturated hydrofluorocarbon (HFC) refrigerant plus a polyalkylene glycol (PAG) lubricant. The primary reference teaches the specific composition of HFC claimed…
Read More08.11.2017
Many US practitioners intentionally use means-plus-function limitations sparingly and in very limited situations. The recent Federal Circuit case IPCom v. HPC (July 2017) highlights one potential benefit of means-plus-function limitations. Specifically, the PTAB (via inter partes reexamination) treated the limitation “an arrangement for reactivating the link with the first base station if the handover is…
Read More08.11.2017
In a panel decision the US Court of Appeals for the Federal Circuit (CAFC) had its first opportunity to interpret the “or otherwise available to the public” clause included in 35 U.S.C. § 102 as revised under the AIA. Particularly, in this case, although the patentee entered into a publicly disclosed purchase agreement that covered the…
Read More08.11.2017
Traditionally, the doctrine of assignor estoppel prevented a seller of a patent from challenging the validity of that patent. One situation where I have seen this arise is when an inventor assigns his/her rights in a patent to his/her employer in exchange for consideration, and subsequently, the inventor leaves that employer to start a competing business…
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