NEWS & UPDATES
CONSTELLATION DESIGNS: A New CAFC Decision That Provides Insight Into What Makes A Claim “Abstract,” And Some Strategy Observations
A recent Federal Circuit decision “splits the baby” in determining patent eligibility with respect to patent claims arising from the same innovation. This post explores the Constellation Designs case, examining what the differences between the invalidated and upheld claims tell us about the CAFC’s application of the Alice/Mayo Test, and proposes an interesting thought experiment involving blending patent and trade secret protection.
Data-Driven Excellence: A Top-Tier LexDana Ranking
LexDana’s 2026 Patent Intelligence Rankings have placed me at #11 nationwide for Overall Performance. This brief post explores the data behind these rankings and why this recognition is truly a testament to the brilliant innovators we represent and the exceptional team at Esplin & Associates.
Trade Secrets as Assets: Turning Intellectual Capital into a Legally Undeniable Moat
Most companies treat trade secrets as a passive legal status—something they “have” simply because they haven’t told anyone. In my latest post, I break down why this is a high-risk strategy and propose a more proactive approach. Learn what specific data points should be generated for every trade secret asset to transform vague know-how into a defensible “Innovation Ledger,” and how this documentation provides critical leverage during M&A due diligence, technical collaborations, and internal audits.
The Double-Duty Moat: How IP Strategy Unlocks R&D Tax Credits
Founders love R&D tax credits, but the IRS documentation requirements can be an administrative nightmare. This week, I explore how working with an IP attorney to secure your patents and trade secrets naturally generates the exact “contemporaneous proof” the IRS demands. Learn how to use a single strategic effort to build a legal moat and unlock non-dilutive capital.
Achieving More with Less: A 2026 Update on AI-Assisted Patent Strategy
A few months after launching our AI-assisted application service, the results are in: inventors are producing higher-quality provisional patent application content than ever before. By rewarding client "sweat equity" with a unique fee structure, we are enabling more aggressive filing strategies that fit within existing budgets. This week, I discuss how this "Inventor-in-the-loop" approach is redefining a core value proposition of modern patent prosecution.
USAA v. PNC Bank and the Definition of the Abstract Idea
The USAA v. PNC Bank petition for certiorari brings the Section 101 “abstract idea” exception back to the Supreme Court, highlighting the logical tension in labeling processes involving tangible objects as abstract. This post explores the fundamental difficulty of distinguishing between abstract concepts and their physical applications when every idea is, by its very nature, abstract.
Federal Circuit Update: The High Cost of Vague Trade Secret Identification
In the era of high-speed innovation, Intellectual Property Conservation is about clarity, not volume. Following a new ruling from the Federal Circuit, we examine the “Identification Trap” that causes even the most technical “secret sauce” to lose legal protection. Learn how to define your moat before the audit begins and why a single, precisely identified secret is worth more than a thousand unexplained exhibits.
A New Partnership Focused on Trade Secret Litigation Financing
Congratulations to Tangibly and SIM IP on their new partnership! This piece takes a look at what this could mean for companies that generate intellectual property and take protecting it seriously.
Defining the "Something More": How In re Desjardins and the "SMED" Memo Reshape AI Eligibility
For over a decade, the patent eligibility of software and artificial intelligence has been haunted by the vague requirement of Alice Corp.: to demonstrate that a claim contains "something more" than an abstract idea. On December 4, 2025, USPTO Director John A. Squires provided the definitive answer to what that "something more" actually looks like, codifying the recent decision in In re Desjardins as the binding framework for the future of AI prosecution.
Revised Inventorship Guidance for AI-Assisted Inventions: A New Direction from the USPTO
The United States Patent and Trademark Office (USPTO) published its Revised Inventorship Guidance for AI-Assisted Inventions on November 28, 2025, immediately rescinding in its entirety the guidance issued under the previous administration, and creating uncertainty concerning the patentability of at least some AI-assisted inventions.
Modular Prompting: Building Reliable AI Workflows for Legal Practice
The question practitioners face is not whether to adopt AI, but how to adopt it in ways that acknowledge its fundamental limitations while capturing genuine value—and the answer lies in modular prompting, a framework for building reliable, repeatable workflows that constrain AI’s outputs and improve consistency across time.
2026 Patent Fee Schedule: New Service for AI-Assisted Applications
We have updated our Patent Fee Schedule for 2026 with a new offering for early-stage companies: professional preparation assistance and filing of a US Provisional Patent Application for inventors who would like to generate their own application draft using a generative-AI tool like Idea Clerk.
Protecting the Data Advantage: Why Trade Secrets Programs Are Essential for Data-Driven Technology Companies
Data-driven technology companies face a critical risk shift as they mature—from proving market value to protecting their innovations from competitors—making trade secrets programs essential for safeguarding the proprietary data sources, AI methodologies, and analytical processes that drive their competitive advantage in the $14.4 billion data monetization market.
What is a Legal “Practice”?
Advice for new lawyers and those embarking on a legal career on how to conceptualize and plan for progress with the business they are building.
