Tori Lazerson
Subscribe to Tori Lazerson's PostsUSPTO extends deadline for requesting director review of decisions instituting trial
By Tori Lazerson on Jul 16, 2026
Posted In Patents
The United States Patent and Trademark Office (USPTO) updated its director review process by extending the deadline for requesting director review of decisions made in Patent Trial & Appeal Board proceedings from 14 to 30 days. Under 37 C.F.R. § 42.75(c)(1), a request for director review must be filed within the time period set forth...
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Tick tock: Related trade secrets have single accrual date under DTSA statute of limitations
By Tori Lazerson on Jun 11, 2026
Posted In Trade Secrets
The US Court of Appeals for the Federal Circuit reversed a judgment awarding damages and a permanent injunction, finding that the plaintiff’s trade secret misappropriation claims were barred by the statute of limitations under the Defend Trade Secrets Act (DTSA). Insulet Corp. v. EOFlow, Co. Ltd., Case No. 25-1807 (Fed. Cir. May 28, 2026) (Dyk,...
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Invalidity alone does not render a case exceptional
By Tori Lazerson on May 28, 2026
Posted In Patents
Addressing fee shifting under 35 U.S.C. § 285 and sanctions under 28 U.S.C. § 1927, the US Court of Appeals for the Federal Circuit affirmed in part and reversed in part a judgment dismissing a patent infringement complaint and awarding attorneys’ fees and costs, finding that the weakness of the plaintiff’s position, without more, did...
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