Insights on Patent Litigation

ArentFox Schiff is pleased to announce that 125 attorneys have been recognized by The Best Lawyers in America 2027, with two attorneys highlighted as “Lawyers of the Year” and 36 attorneys listed as “Ones to Watch.”

ArentFox Schiff is pleased to announce that Partner Ehsun Forghany has been named to Benchmark Litigation’s 40 & Under List, recognizing him amongst the “best and brightest litigators across the US.”

ArentFox Schiff is pleased to announce that Managing IP has listed 17 attorneys among the 2026 IP STARS, recognizing them as leaders in their firm and jurisdiction.

ArentFox Schiff is pleased to announce that the firm and three partners have been shortlisted for the annual LMG Life Sciences Americas Awards.

ArentFox Schiff is pleased to announce that 23 practices and 81 attorneys have been recognized by The Legal 500 United States 2026 guide.

ArentFox Schiff represented Boston Dynamics, Inc. in connection with its collaboration with Hyundai Motor Company and the Fédération Internationale de Football Association (FIFA) on a new global campaign featuring Boston Dynamics’ humanoid robot Atlas®.

On June 4, the US Supreme Court issued a unanimous decision authored by Justice Ketanji Brown Jackson in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24–889, delivering a significant win for generic pharmaceutical manufacturers seeking US Food and Drug Administration (FDA) approval for drugs with multiple indications.

ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.

ArentFox Schiff successfully represented STIIIZY — a market leader in cannabis vaporizer products—in a Rule 177 proceeding before Customs and Border Protection (CBP).

ArentFox Schiff is proud to announce that the firm and nine attorneys have been recognized in the 2026 edition of IAM Patent 1000. This international guide highlights leading firms and top patent professionals.

ArentFox Schiff is pleased to announce that Partners Craig Gelfound and Ehsun Forghany have been named among Daily Journal’s 2026 Top Intellectual Property Lawyers, an annual list recognizing California-based attorneys whose achievements over the past year have significantly influenced the field.

As we continue to move through 2026, the life sciences landscape is shaped by a convergence of regulatory, enforcement, and market access developments that demand heightened attention from industry stakeholders.

Partner Ehsun Forghany discussed US Patent and Trademark Office (USPTO) Director John Squires’ first institutions of his tenure with the agency: 11 inter partes review (IPR) petitions and two post grant review (PGR) petitions as of December 11, 2025.

Partner Ehsun Forghany spoke with Law360 about the top patent cases and decisions of 2025, including Lashify v. International Trade Commission and Ingenico v. Ioengine, and how those two Federal Circuit decisions have already shifted the patent litigation landscape.

ArentFox Schiff is pleased to announce that Partner Joseph M. “Joe” Maraia has been named to the IAM Strategy 300 Global Leaders 2026 in the United States. IAM Strategy 300 Global Leaders showcases many of the world’s foremost IP professionals across major markets in North America, Europe, and Asia.

Now in its 13th year, the Patent Trial and Appeal Board (PTAB) remains a central forum for resolving patent validity disputes.

The decision concerns eight patents owned by Stellar, LLC that were the subject of Motorola Solutions, Inc.’s inter partes review (IPR) petitions.

The Federal Circuit’s decision in PowerBlock Holdings, Inc. v. iFit, Inc., No. 24-1177 (Fed. Cir. Aug. 11, 2025) offers new subject matter eligibility guidance under 35 U.S.C. § 101 for mechanical-automation patents reciting physical components as opposed to purely software-based automation patents.

Partner Janine Carlan will speak at the 2025 Women’s IP Forum in Ashburn, Virginia on September 16, 2025.

Partner Kevin M. Nelson was quoted on the feasibility of the US Department of Commerce’s unprecedented use of “march-in” rights under the Bayh-Dole Act to request a list of patents owned by Harvard University that used government funds to support the underlying research.

Partner Ehsun Forghany was interviewed by Bloomberg Law about the new discretionary denial procedure implemented by US Patent and Trademark Office’s (USPTO) acting director, Coke Stewart, and how this policy shift has created uncertainty for both petitioners and patent owners in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).

ArentFox Schiff delivered a complete victory for Tieks, a Los Angeles-based fashion brand known for its signature blue-soled flats, in a design patent-based investigation at the US International Trade Commission (ITC).

On July 31, the US Patent and Trademark Office (USPTO) issued a new memorandum announcing that it will begin enforcing 37 C.F.R. § 42.104(b)(4) that requires petitioners in inter partes review (IPR) proceeding to “specify where each element of the claim is found in the prior art patents or printed publications relied upon.”

Last month, we provided an overview of the Patent Trial and Appeal Board’s (PTAB) application of the “settled expectations” doctrine, articulated in recent PTAB director-level decisions. Interim Director Coke Morgan Stewart has favored discretionary denial of inter partes review (IPR) petitions for older patents.

The US Patent and Trademark Office (USPTO) has finalized a rule increasing the annual limit on accepted requests for prioritized patent examination from 15,000 to 20,000, effective with fiscal year 2025 (FY 2025). This adjustment is intended to accommodate sustained growth in demand for expedited examination while maintaining examination efficiency and pendency.