PerspireIP Blog

IP Insights & Resources

Expert perspectives on intellectual property strategy, patent law, trademark protection, and IP portfolio management from the PerspireIP team.

August 5, 2026 7 min read

Section 337 ITC Investigation: 6 Facts to Know

For patent owners fighting imported knockoffs, the U.S. International Trade Commission is often faster and harder-hitting than a district court. An IP litigator explains how a Section 337 investigation works, the domestic industry requirement that gates it, and why an exclusion order enforced by Customs can be the most powerful remedy in patent law.

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August 5, 2026 8 min read

Patent Declaratory Judgment: 6 Facts on Suing First

A demand letter does not force you to wait for the patent owner to sue. A patent litigator explains how a declaratory judgment action works, the MedImmune actual-controversy standard that decides whether a court can hear it, and how accused companies use it to seize the forum and the initiative.

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August 4, 2026 8 min read

Patent Permanent Injunction: The 4 Critical eBay Factors

Winning a patent case does not guarantee an order stopping the infringer. A patent litigator walks through the Supreme Court's eBay four-factor test for a patent permanent injunction, why non-practicing entities rarely satisfy it, and how both sides should plan around it.

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August 4, 2026 9 min read

Willful Patent Infringement: 5 Critical Facts After Halo

A finding of willful patent infringement lets a court multiply damages by up to three. A patent litigator explains the Supreme Court's Halo standard, what judges actually weigh, and the concrete steps that keep an accused infringer out of the enhanced-damages zone.

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August 3, 2026 7 min read

Ornamental vs Functional: 6 Critical Design Patent Rules

The ornamental vs functional distinction quietly decides whether a design patent is valid and enforceable. A patent attorney breaks down the Federal Circuit's functionality test, the leading cases, and six rules for keeping your design patent ornamental.

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