U.S. IP Update – September 2026

Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes, and trends impacting patents, trademarks, and other IP rights in the United States.

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In This Issue: 

Key Takeaways from Navigating the Current U.S. IP Landscape: Key Legal Developments for Korean Companies (Session 3)
Richard Bemben, Ivy Estoesta, Jason Fitzsimmons, and Josephine Kim

Recent changes in the U.S. intellectual property landscape are creating new challenges and opportunities for Korean companies looking to protect and enforce their IP rights. In Sterne Kessler’s most recent Navigating the Current U.S. IP Landscape: Key Legal Developments for Korean Companies webinar, Directors Richard Bemben, Ivy Estoesta, Jason Fitzsimmons, and Josephine Kim discussed the latest legal and regulatory developments affecting patents, trademarks, and enforcement strategies in the United States…

Sterne Kessler Client Netlist Negotiates Five-Year Patent Alliance With Samsung

A cross-practice team at Sterne Kessler helped Netlist, Inc. reach a five-year cross-licensing settlement agreement worth up to $898 million in licensing fees with Samsung Electronics. Sterne Kessler represented Netlist as lead ITC counsel in a patent infringement action against Samsung over advanced memory technology. Sterne Kessler has represented Netlist since 2024 across multiple venues – ITC investigation, PTAB proceedings, Federal Circuit appeals, and USPTO reexamination proceedings. The strength and effectiveness of the Sterne Kessler team highlight the firm’s ability to draw on attorneys across practices, from experienced litigators to technical subject matter experts.

425 Days to Save Your Business: A Respondent’s Guide to the ITC
Benjamin Gitzinger, Josephine Kim, and Paul Ainsworth

The International Trade Commission (ITC) is an independent U.S. federal agency with broad investigative powers and resources related to U.S. trade statistics, guidelines, and policies. The ITC has jurisdiction to investigate unfair methods of competition and importation under Section 337 of the 1930 Tariff Act…

Navigating Patent Protection Beyond U.S. Borders – Key International Differences
Paul Calvo, Ph.D.

For a life sciences startup accustomed to the United States patent system, venturing into international patent prosecution can feel like stepping into a series of parallel legal universes — each one recognizably similar in broad outline but meaningfully different in the rules, standards, and practices that determine whether a patent application succeeds or fails…

Case Study for Avoiding USPTO Director’s Discretionary Denial of Institution in AIA Proceedings
Jacqueline W. Bonilla, Ph.D. and Jennifer Meyer Chagnon

On June 15, 2026, USPTO Director John Squires issued, and designated informative, a decision declining to discretionarily deny institution of a series of seven inter partes review (IPR) petitions filed by Tesla, Inc. Tesla is worth reading because it provides at least one case study of how to avoid discretionary denial of institution of an IPR by the Director…