Patent litigation is an expensive proposition and many patent owners cannot assert their rights against infringers without an investment from a third-party funder. Funders, however, take a significant risk on every case they back. To be sure, a successful litigation can earn their investors a very high return, but to get there, the initial investment is usually in the millions of dollars. To minimize their risk, funders have identified certain red flags that make [...]

A recent final determination in Investigation No. 337-TA-1400 issued by the US International Trade Commission (ITC) may have some clients saying, "I don't always seek ITC enforcement. But when I do, I prefer to include a design patent." GoPro, Inc. had alleged that Arashi Vision, Inc. d/b/a Insta360 (Insta 360) infringed claims of five different utility patents and one design patent. The ITC found no violation for any of the utility patents, yet issued [...]

The United States Patent and Trademark Office (USPTO) published Supplemental Guidance for Examination of Design Patent Applications Related to Computer‑Generated Interfaces and Icons1 in the Federal Register2 that are effective March 13, 2026. The guidance significantly expands flexibility for design patent applicants seeking protection for graphical user interfaces (GUIs), icons, and emerging digital designs, including projected, holographic, virtual‑reality (VR), and augmented‑reality (AR) interfaces. The guidance updates the Manual of Patent Examining Procedure (MPEP) relating to the [...]