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Analysis from the front lines of IP & technology law.

Our attorneys write about the developments shaping intellectual property — from the PTAB and the Federal Circuit to the practical realities of protecting fast-moving technology.

Intellectual PropertyTrademark

Benefits of Federal Trademark Registration--A Practical Guide

You do not need to register a trademark to own one—but registering it federally transforms a modest, local right into something far more powerful. This guide explains, in plain language for both lawyers and business owners, exactly what federal registration on the Principal Register buys you. It centers on the three benefits that change the game: constructive notice, which charges the whole country with knowledge of your claim; constructive use, which gives you a nationwide priority date as of your filing; and the nationwide right of priority that flows from both. It also walks through the evidentiary presumptions of validity and ownership, incontestability, access to federal court, recordation with U.S. Customs, and the deterrent value of appearing in every clearance search. Finally, it covers the honest limits (the Dawn Donut Rule), the costs and maintenance obligations, and how the Principal Register compares to the Supplemental Register and to state registration.

Casey Scott McKayJune 3, 202629 min read

Intellectual PropertyPatent

The PTAB in 2026: What the New Discretionary Denial Rules Mean for Petitioners

The Patent Trial and Appeal Board's refreshed 2026 guidance on discretionary denials reshapes the calculus for any company weighing an inter partes review against parallel district-court litigation. This guide explains the new framework for weighing trial proximity against the merits of a petition, and what it means in practice. The headline lesson is that the strongest petitions are now front-loaded ones. We walk through how to build a record that survives a discretionary-denial challenge and why post-grant strategy belongs at the board level.

Casey Scott McKayMay 18, 20262 min read

Intellectual PropertyPatent

Patenting Machine-Learning Inventions After the Latest Section 101 Guidance

Subject-matter eligibility remains the central battleground for AI inventions. This article explains how we draft machine-learning claims to survive both examination and litigation under the latest Section 101 guidance. The drafting lesson is consistent: tie the claimed method to a specific technical problem and a measurable technical effect. We also explain why a deep specification is essential to a flexible continuation strategy. The difference between a dead end and a durable portfolio is usually made at the drafting stage.

Casey Scott McKayApril 29, 20262 min read

Intellectual PropertyTrade Secret

Trade Secret Hygiene for Fast-Scaling Startups

Most trade-secret losses are self-inflicted. A few disciplined habits protect the value you have not yet patented. This article lays out the reasonable measures that courts actually look for, from access controls and confidentiality agreements to exit procedures for departing employees. We explain why documented, consistent practice carries the day in a misappropriation dispute. And we flag the single most common failure: onboarding contractors without IP-assignment language.

Casey Scott McKayApril 11, 20262 min read

LitigationPatent

Standard-Essential Patents and the FRAND Landscape Heading Into 2027

Cross-border FRAND disputes are accelerating. This article maps the venues, the leverage points, and where licensing negotiations over standard-essential patents are actually being decided. The center of gravity has shifted toward courts willing to set worldwide rates, which changes where parties file and how quickly they move for relief. For implementers and patent owners alike, the strategic question is which forum will define the commercial terms first. We explain how that reshapes filing and negotiation strategy heading into 2027.

Casey Scott McKayMarch 22, 20262 min read

TechnologySoftware

Open-Source Compliance in the Age of AI-Generated Code

When your coding assistant suggests a snippet, whose license governs it? Diligence teams are rewriting their playbooks. This article explains how AI coding assistants have blurred the provenance of source code and what that means for any transaction where software is the asset. We advise acquirers to update diligence checklists to probe how engineering teams use generative tools. The prudent posture is documentation that turns an unknowable risk into a manageable one.

Casey Scott McKayMarch 5, 20262 min read