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Practical IP guidance and case analyses, with a focus on pharmaceuticals, biotechnology, chemicals and related fields, as well as on the creative arts.

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Latest Articles & Strategic Guides

Did You Know? Opinions & Litigation
October 2026 • 3 Min Read

Did You Know? Skipping a Patent Opinion Can't Be Used to Prove Willful Infringement — But Having One Can Still Save You

Under 35 U.S.C. § 298, failing to get a patent opinion can't be used to prove willful infringement — but a well-reasoned opinion of counsel remains one of the strongest tools to defend against enhanced damages and inducement.

opinions of counsel willful infringement freedom to operate enhanced damages patent litigation
Federal Circuit October 2026 • 4 Min Read

Exclusive Licensee Can Sue on Its Own: Lessons from TexasLDPC v. Broadcom

In TexasLDPC v. Broadcom, the Federal Circuit held a university exclusive licensee held "all substantial rights" and could sue without joining the university. Key drafting takeaways for licensors and licensees.

patent licensing exclusive license standing university licensing Federal Circuit
Federal Circuit October 2026 • 4 Min Read

Federal Circuit: A Claimed pH Range in a Chemical Process Means "Maintained," Not "Touched"

Federal Circuit holds a claimed pH range in a chemical process claim means the pH must be maintained throughout the reaction step in Biofer v. Vifor. What it means for patent drafting and freedom to operate.

Federal Circuit chemical patents claim construction process claims freedom to operate
Federal Circuit • ANDA June 2026 • 4 Min Read

ANDA Defendant Wins on pH: Three Lessons from Actelion v. Mylan

The Federal Circuit affirmed no infringement in an epoprostenol ANDA case, holding pH is measured at standard temperature and equivalents were barred by prosecution history estoppel and disclosure-dedication.

Hatch-Waxman ANDA prosecution history estoppel doctrine of equivalents formulation patents
Checklist May 2026 • 5 Min Read

Checklist: Freedom to Operate Before You Launch

A practical freedom-to-operate checklist for pharma, chemical and biotech companies preparing to launch a new product, formulation or process — from Orange/Purple Book review to design-arounds.

freedom to operate FTO opinions of counsel product launch patent risk
Checklist March 2026 • 5 Min Read

Checklist: Due Diligence Before You In-License a Patent

Twelve due-diligence steps before in-licensing patents or technology, from chain of title and Bayh-Dole encumbrances to field of use, royalties, enforcement rights and termination triggers.

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Did You Know? • Copyright January 2026 • 3 Min Read

Did You Know? Registering Your Copyright After Infringement Can Cost You Statutory Damages

Authors and filmmakers: register your copyright early. Under 17 U.S.C. § 412, late registration can mean losing statutory damages and attorney's fees, even if you win your infringement suit.

copyright authors filmmakers copyright registration statutory damages

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