Partners Jason Hoffman and Robert Hails co-authored a Law360 article titled “A Deepening Patent-Trademark Divide Over Irreparable Harm.” Published Aug. 18, 2026, the article examines the growing divide between patent and trademark owners seeking injunctive relief. Recent Federal Circuit decisions confirm that patent owners receive no presumption of irreparable harm, while trademark owners begin with a statutory presumption. The authors also discuss the USPTO and Department of Justice’s intervention on what may constitute irreparable patent harm, and what the pending RESTORE Patent Rights Act could mean for future patent injunctions.
