Imagine That IP Law Blog

Like other areas of law, intellectual property (IP) is often depicted as part of a plot point in popular culture, such as movies and television. In addition, lP is often mentioned in the mass media, particularly when any “high-tech” news is of interest. However, unlike some other areas of law, popular culture often gets IP wrong. And in some cases, very wrong.

This article explores how popular culture handles IP, often gets it wrong, and sometimes gets it right.

The “IP Mix-Up”
One of the most common ways that popular culture makes mistakes when discussing IP is by confusing the ... Read More ›

When Acting USPTO Director Coke Morgan Stewart denied institution in Dabico v. AXA Power IPR2025-00408  Paper 21, much of the commentary focused on the result. But the more consequential development lies in her reasoning. The Director grounded her decision on the patent owner’s “settled expectations,” emphasizing that the challenged patent had been in force for nearly eight years. According to Stewart, upending the rights vested during that period would be inequitable and an inefficient use of the Office’s resources. In her words, “actual notice of a patent or of ... Read More ›

Patent attorneys are well-versed in the function of the Information Disclosure Statement (IDS) during prosecution. We understand that listing prior art in an IDS satisfies the duty of candor, helps insulate patents from future invalidity attacks by establishing that the art was “considered” by the USPTO, and protects against charges of inequitable conduct when material references are disclosed in good faith. However, a recent decision by the USPTO Director in iRhythm v. Welch Allyn IPR2025-00363, Paper 10 revealed that IDSs can also be a powerful tool even after the patent is ... Read More ›