December 2025

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Is Data Copyrightable? Why the Answer Continues to Evolve

The question of whether data is protected by copyright law has resurfaced with renewed urgency as businesses increasingly rely on large datasets, analytics platforms, and AI-driven systems. While the foundational principles of copyright remain stable, their application to modern data structures continues to evolve. For practitioners, the challenge lies not in memorizing bright-line rules, but […]

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Why Two Patents Covering the Same Invention Can Have Very Different Value

Patent practitioners routinely encounter portfolios containing multiple patents directed to substantially the same technology, sometimes within the same family, sometimes across jurisdictions, and sometimes from entirely different applicants. Yet despite similar subject matter, these patents can differ dramatically in commercial value, enforceability, and strategic usefulness. This gap in value typically has little not do with

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Obviousness and the 2025 Patent Landscape: Emerging Challenges and Strategic Considerations

Obviousness under §103 has long been a central consideration in patentability, but the context in which it arises continues to evolve. In 2025, applicants and practitioners can potentially encounter shifts in how obviousness is analyzed and applied, driven by new tools, changing technologies, and developing case law. While these trends do not make obviousness the

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Understanding the PHOSITA Standard: The Hypothetical Expert at the Center of Patent Law

In patent law, few concepts exert as much influence, or receive as little general recognition, as the PHOSITA, the “Person Having Ordinary Skill in the Art.” This fictional individual sits quietly at the center of the U.S. patent system, shaping critical determinations that decide whether an invention deserves patent protection, whether a patent is valid,

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