Fish & Richardson P.C.

Standard essential patent (SEP) licensing and litigation continue to be top priorities for global companies, with significant changes anticipated in 2025. In a new IPWatchdog, Inc article, attorneys Benjamin Elacqua, Scott M. Flanz, and Tae Hong examine key developments shaping the SEP landscape, including the rising use of anti-suit injunctions, potential shifts in U.S. Department of Justice policies, and AI’s expanding role in SEP portfolio analysis. Read their insights to prepare for what may lie ahead: https://lnkd.in/gWbGrq-t #FishRichardson

The full replay is now available for our recent webinar "Civility in IP Litigation and IP Practice." https://lnkd.in/gzaYkX5v #FishRichardson

The PREVAIL Act, which moved out of committee and onto the Senate floor late last year, would make sweeping changes to many aspects of post-grant practice. Attorneys Lauren Degnan, Jeffrey Shneidman, and Claire Xue explain how in our 2024 Post-Grant Annual Report. https://lnkd.in/gYyXS9np #FishRichardson #PTAB

Navigating cross-border discovery comes with challenges—especially when foreign nationals cite blocking statutes or data security laws to resist requests. One option is seeking production under the Hague Evidence Convention, but U.S. courts have discretion in granting such requests, making strategic planning essential. In a recent Law360 article, attorneys Chris Marchese, Jeffrey Mok, and Mohammad Kameli examine the complexities of international discovery and offer practical guidance for leveraging the Hague Evidence Convention effectively. The article, authored by Marchese, Mok, and Kameli, provides key insights on navigating foreign legal barriers in discovery. Read more: https://lnkd.in/gubHauZK #FishRichardson

The Federal Circuit recently ruled that patent term extensions for reissue patents are to be calculated based on the issue date of the original patent rather than the reissue date. Find out what that means for both patentees and generic drugmakers in an article by attorneys Madelyn McCormick and Evan Sumner. https://lnkd.in/g8dWZqmQ #FishRichardson

On April 23, please join Principals Excylyn Hardin-Smith and Katherine (Katie) Prescott for a discussion of the benefits and burdens of trade secret protection. Our hosts will cover the difference between trade secrets and patents, how to decide which to use, and how to protect your trade secrets, among other topics. https://lnkd.in/gzU8DSbC #FishRichardson #TradeSecrets

In 2024, we strengthened our capabilities—launching a Life Sciences Industry Team, handling 17 trials, and preparing to open a new office in Chicago in April 2025. The American Lawyer highlighted what made this past year so impactful and how we are positioning clients for success in an evolving landscape. As President and CEO John C. Adkisson shares, our focus remains on delivering strategic IP guidance and innovative solutions that help clients achieve their business objectives. Read more: https://lnkd.in/gUPGfz4a #FishRichardson

Objective indicia have increasingly become a focal point of obviousness disputes in IPR proceedings. Two PTAB decisions in 2024 shed light on the challenges and implications of raising these arguments, as Principals Ryan Chowdhury and Casey M. Kraning explain in our 2024 Post-Grant Annual Report. https://lnkd.in/gsA4bMXr #FishRichardson #PTAB

Missed our "Settlement and Negotiations" webinar? Watch the recording now to hear attorneys Ahmed J. Davis and Taylor Burgener discuss the contours of Rule 408. https://lnkd.in/dY3HiS9W #FishRichardson

Calculating damages and presenting or defending against damages theories is a particularly complex and evolving aspect of patent law. Especially as damages awards grow ever larger, practitioners should know how to craft and respond to even the most niche theories and arguments. On April 16, please join Principals Chris Marchese and Tim Rawson for a discussion of some less common and developing issues in patent damages. https://lnkd.in/g-gVw3nE #FishRichardson