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The Nuclear Option: How the ITC Has Become Patent Owners’ Most Powerful Weapon — And Why More NPEs Are Pulling the Trigger
An analysis of the U.S. International Trade Commission’s Section 337 powers, the landmark Lashify decision, NPE filing trends, and the multi-forum strategies reshaping patent enforcement April 8, 2026 Introduction: When Import Bans Speak Louder Than Damages On April 1, 2026, the U.S. International Trade Commission instituted Investigation No. 337-TA-1496 , captioned In the Matter of Certain Display Devices, Streaming Players, and Components Thereof. The complainant, InnoTV L
Erick Robinson
Apr 821 min read


USPTO's New Ex Parte Reexamination Pre-Order Procedure: A Detailed Analysis of What Changed, Why It Matters, and How It Reshapes Patent Litigation Strategy
On April 1, 2026, USPTO Director John A. Squires signed an Official Gazette Notice establishing, for the first time in the four-decade history of ex parte reexamination, a procedure that permits patent owners to submit substantive briefing before the Office determines whether a substantial new question of patentability exists. The notice, titled " Pre-order Procedure regarding Substantial New Question determination in ex parte Reexamination Proceedings ," took effect on April
Erick Robinson
Apr 711 min read


Dual Attacks Permitted: How the Federal Circuit's Ingenico Decision Undermines Patent Protection and IPR Estoppel
Introduction The United States Court of Appeals for the Federal Circuit recently issued a decision in Ingenico Inc. v. IOENGINE, LLC ...
Erick Robinson
May 8, 202510 min read


Navigating the Post‑Kroy PTAB Landscape: Strategic Guidelines for Patent Owners
[Note that this is a cross-post from my PTAB.blog ] The Federal Circuit’s February 10, 2025 decision in Kroy IP Holdings, LLC v....
Erick Robinson
Mar 19, 20253 min read


A Broader Path to ITC Protection: How the Federal Circuit Expanded the “Domestic Industry” Requirement, with Lessons from the Lashify Case
Introduction The Federal Circuit recently handed down a decision that broadens the types of investments that can satisfy the...
Erick Robinson
Mar 8, 202510 min read


The Erosion of Patent Rights: How eBay v. MercExchange Eroded America's Innovation Landscape
eBay v. MercExchange Decision Destroys US Inventors Introduction The American innovation economy has long rested on a foundational...
Erick Robinson
Mar 7, 202511 min read


Restoring the Right to Exclude: A Comprehensive Analysis of the RESTORE Patent Rights Act of 2025
Introduction Innovation is one of the most significant drivers of growth, prosperity, and technological progress in the United States....
Erick Robinson
Mar 3, 202510 min read


Exploring the Nuances of Patent Litigation in Today's Legal Landscape
Patent litigation stands at the intersection of innovation, law, and business strategy. In a world driven by rapid technological...
Erick Robinson
Feb 24, 202517 min read
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