The date of accessibility for a trade secret is the day that the trade secret could have been ascertained by the public rather than the day that the trade secret was actually ascertained by the public.
Provisional rights for a patent are only granted when the patent issues before its expiration date.
A request for remittitur may be preserved by a party that does not provide an express request for a reduction of a specific amount of damages at the district court if enough information was provided to make the opposing party and the district court aware of the reduction of damages that was sought.
A prior art reference may only claim the priority date of a provisional application for the portions of the prior art reference that have written description support in the provisional application.
The zone of natural expansion doctrine allows a senior user to prevent a junior user from registering a similar mark on a line of related goods or services, but does not give the senior user a proactive right to a new registration on those related goods or services.
A failure to provide sufficient information in a notice of appeal arising out of an IPR to comply with 37 C.F.R. § 90.2(a)(3)(ii) is not a jurisdictional issue that affects the authority of the Federal Circuit to review the appeal.
PTE for a reissued patent is calculated based on the issue date of the original patent when the reissued patent includes claims for the same drug product that was claimed in the original patent and that was subject to FDA review.
The time period to assess if a trademark is generic starts at the time of registration and does not depend on whether the trademark was generic prior to registration.