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Lee & Hayes, PC, 601 W Riverside Avenue Suite 1400, Spokane, WA (2026)

02/27/2026

Team building with purpose! Our Spokane office teamed up with to hand pack meals for food-insecure neighbors in our community. All the meals were donated to right here in Spokane. We couldn’t think of a better way to spend an afternoon. Community impact starts with showing up, and we are grateful for our team and the chance to serve our community. 🧡

CommunityImpact LeeHayesLaw

10/09/2025

We’re thrilled to share that Lee & Hayes has been recognized as one of the 2025 Best Places to Work Inland Northwest — and named a top finalist in the medium business category! 🎉

This honor is all about our people and reflects the dedication, collaboration, and genuine care our team brings to work every day. Thank you to our employees and leadership for creating a workplace where people feel valued, supported, and inspired to do their best work.

08/29/2025

Lengthy examination times, inconsistent quality, and concerns about patent reliability are persistent pain points for innovators.
Recognizing these challenges, the USPTO recently published its comprehensive response to a Government Accountability Office (GAO) report, outlining its ongoing efforts to enhance patent examination processes and quality.

The USPTO's response directly tackles the GAO's findings on examination time limits, application complexity, and examiner technology/training. The agency is committing to:

➡ Recalibrating examination time: Balancing production with thoroughness.
➡ Modernizing tools: Leveraging AI for efficiency.
➡ Bolstering examiner training: Improving prior art searches and Office action clarity.

For innovative organizations across tech, life sciences, and other sectors, these efforts aim for greater consistency and reliability in the patent process. Understanding these internal shifts is crucial for developing robust prosecution strategies that align with the USPTO's evolving standards.

This helps secure strong, defensible patents in an ever-more complex landscape.

Ready to understand the implications of these ongoing USPTO changes for your patent strategy? Connect with the Lee & Hayes team for expert insights.

08/28/2025

The recent EY 2025 Biotech Beyond Borders Report paints a clear picture: the biopharma industry is in an inflection year, grappling with macroeconomic uncertainty, constrained capital, and shifting regulatory policies. This challenging environment demands a sharp focus on fundamentals for biotech and life sciences companies.
🔗 https://www.ey.com/en_us/newsroom/2025/06/ey-2025-biotech-beyond-borders-report-biopharma

For innovative organizations in biopharma, this means efficient capital allocation and strategic IP management are more critical than ever. The report highlights FTC challenges to IP, potential tariff impacts, and drug pricing policies as key uncertainties. In this landscape, robust IP strategies are essential:

➡ Portfolio Optimization: Ensuring your patent portfolio is not just broad, but aligned with core business goals and market value, is key to attracting cautious investors.

➡ M&A Readiness: With capital constrained, focusing on high-quality assets and meticulous IP due diligence becomes paramount for both buyers and sellers as the M&A market awaits a bounce back.

➡ AI Integration & IP: The industry's innovation engine remains strong, with AI serving as a key lever for R&D efficiency. Protecting AI-driven drug discovery platforms and processes through strategic patents and trade secrets is vital.

➡ Alternative Funding: The rise of royalty deals as an alternative funding source underscores the value of enforceable IP assets that can be leveraged for non-dilutive capital.
This period of recalibration is an opportunity to strengthen your IP foundation, turning policy and market shifts into strategic advantages.

If you want to understand the implications of this evolving landscape for your IP strategy, from optimizing your portfolio to navigating M&A and leveraging AI, our expert team is here to guide you.

&A

08/27/2025

The WIPO Global Awards recently celebrated innovative small and medium-sized enterprises (SMEs) and startups from around the world, recognizing those who have masterfully leveraged intellectual property to drive impactful innovation.

The winners, announced in July, showcased how a strong IP strategy is not just about protection, but about translating creativity into real-world solutions with significant economic and social impact.

Analyzing the strategies of these leading innovators – spanning health tech, sustainable energy, AI-powered devices, creative industries, and new materials – reveals valuable insights into building robust IP portfolios. For example, many winners demonstrated:

➡ Layered IP Protection: Combining utility patents for core technologies with design patents for aesthetics and trademarks for branding, securing every facet of their innovation.

➡ Strategic IP Management for Growth: Actively aligning IP assets with business expansion goals, including attracting investment, facilitating partnerships, and enabling global market entry.

➡ Leveraging IP for Societal Impact: Using IP to develop solutions that contribute to sustainable development goals, proving that innovation can be both profitable and purpose-driven.

The success of these companies shows that a comprehensive IP strategy, encompassing patents, trademarks, and design protections, provides a powerful foundation for fostering economic growth, ensuring market relevance, attracting investment, and achieving sustainable business impact.

These companies exemplify how IP is a core driver for impactful businesses, regardless of their size.

To explore how your organization can build a more impactful IP portfolio and learn from global leaders, feel free to connect with our team.

08/25/2025

Patent applicants, take note: The USPTO is cracking down on false assertions of small and micro entity status. The agency recently announced it will begin implementing statutory penalties, signaling a proactive effort to protect the integrity of the U.S. patent system.

For innovative organizations, startups, and individual inventors, correctly asserting your entity status is crucial for accessing significant fee reductions (60% for small entities, 80% for micro entities).

However, the USPTO will now assess a fine of at least three times the amount an entity failed to appropriately pay if a false assertion is found, unless good faith can be proven. This means that if the USPTO preliminarily determines a false claim was made, they will issue a "notice of payment deficiency and order to show cause."

Misclassification, whether intentional or accidental, can lead to substantial financial penalties and potentially halt your patent application's progress.

Ensuring accurate certification is paramount not only for cost savings but also for maintaining the smooth progression of your patent journey and upholding the fairness of the patent system for all applicants.

When navigating these critical compliance requirements, seek guidance from an expert intellectual property firm.

08/22/2025

Ever been watching the game, your team scores, and you're ready for that epic high-five... but everyone else is already celebrating, or worse, you're watching solo? The sheer agony of an unrequited high-five is real! 👋

In 1993, Albert Cohen felt our pain and patented the Apparatus for Simulating a High-Five (U.S. Patent No. 5,356,330)! This brilliant invention features a spring-loaded, self-righting mechanical arm, ready to slap back when you connect. No more air-fives or awkward solo celebrations!

While it certainly addresses the "disadvantage of the prior art" (i.e., needing two people for a high-five), its unique solution to solo jubilation is undeniably peculiar. It's a testament to how inventors tackle even the most niche human experiences.

Maybe it's not so peculiar after all? You do you, high-fiver!

08/21/2025

A significant March 2025 Federal Circuit decision in Lashify, Inc. v. ITC initially appeared to greatly expand the doors of the International Trade Commission (ITC) as a venue for IP cases. This ruling offered a potentially faster and more powerful tool for pharmaceutical and medical device companies battling infringing imports into the U.S.

Historically, demonstrating "domestic industry" at the ITC was a hurdle for companies with foreign manufacturing. The Lashify decision clarified that U.S.-based investments in marketing, sales, and regulatory activities could satisfy this requirement, seemingly broadening access to the ITC's powerful import exclusion orders.

However, the legal battle continues. The ITC itself has since filed a petition for rehearing with the Federal Circuit, arguing that the Lashify panel's interpretation is too broad and could undermine the "domestic industry" requirement's intent.

This means that while the initial ruling opened new avenues, its precise scope for IP enforcement and defense at the ITC is now under intense review and could be clarified or revised.

For innovative organizations facing infringing imports, this evolving landscape demands sophisticated IP litigation strategy. While Lashify may present new opportunities for ITC investigations, the ongoing challenge means the exact scope of "domestic industry" remains a live issue.

Navigating these complexities and effectively advocating for your rights requires agile legal counsel, capable of adapting litigation strategies to potential future rulings, ensuring your enforcement and defense efforts are robust and informed by the latest developments- and Lee & Hayes’ IP litigation team is here to guide you through every challenge.

07/29/2025

With continued M&A activity in Q2 2025 across tech and life sciences, the rigor of IP due diligence has never been more critical. Unidentified IP risks or undervalued assets can make or break a deal.

For innovative organizations, IP is often the core value driver. Without thorough IP due diligence, companies risk overpaying, acquiring unforeseen liabilities, or missing opportunities for significant synergy.

This meticulous process is essential to verify true ownership of IP assets, uncover potential title defects and infringement risks, scrutinize complex licensing agreements, and ensure freedom to operate post-acquisition.

Beyond a checklist, comprehensive IP due diligence ensures accurate asset valuation, mitigates costly post-merger disputes, and structures deals for maximum long-term value. It clarifies your strategic path forward, ensuring the combined entity can innovate without unexpected legal hurdles.

Ready to protect and enhance your M&A endeavors with robust IP due diligence? Let's connect.

&A &A

07/23/2025

Many innovative organizations excel at creating groundbreaking technologies and brands, but often fall into the trap of reactive IP management.

This approach, where IP protection is an afterthought rather than an integrated strategy, can lead to missed opportunities for monetization, underutilized assets, and a disconnect between your innovation efforts and core business goals.

Your inventions, brands, and creative works are more than just legal protections; they are critical business tools. A proactive approach to IP portfolio management is essential for sustainable growth and competitive advantage.

This involves strategically aligning your intellectual property with your overarching business objectives, identifying and protecting future innovations, and optimizing your existing portfolio for maximum value.

It also means actively monitoring the competitive landscape, mitigating risks, and developing robust enforcement strategies.

At Lee & Hayes, we partner with innovative organizations to transform reactive IP practices into a dynamic system that supports long-term success.

We help you move beyond mere filing to actively leverage your intellectual property, ensuring your R&D investments translate into tangible market impact and sustained competitive advantage.

To explore how a strategic IP portfolio management approach can empower your organization's sustainable growth, we invite you to connect with our team.

07/21/2025

Long waiting times for patent issuance can significantly delay market entry for innovative technologies, a common pain point for businesses investing heavily in R&D. Navigating USPTO process complexities only adds to this challenge.

However, the USPTO recently implemented a significant efficiency improvement that directly addresses these concerns.

With the acceleration of patent issue dates, the time between Issue Notification and the actual Issue Date has been substantially reduced. This change, facilitated by the USPTO's eGrants program, means that innovators will receive their official patent grants sooner.
For companies in tech, life sciences, chemical, and consumer electronics, this accelerated process provides a critical advantage.

Earlier patent issuance translates directly to earlier enforceable rights and quicker market access, allowing you to commercialize your inventions and secure your competitive position with greater speed. This modernization effort by the USPTO streamlines the journey from invention to impact.

For more information on how this change might impact your patent prosecution strategy and accelerate your innovations to market, feel free to connect with our team.

07/18/2025

For pharmaceutical and medical device companies, enforcing IP rights against imported infringing goods has often presented unique challenges.

Traditional district court litigation can be protracted, and the International Trade Commission (ITC) historically had stringent "domestic industry" requirements that limited its accessibility for many in the life sciences sector.

However, a significant shift has occurred. Recent Federal Circuit decisions (e.g., Lashify, Inc. v. ITC) have fundamentally altered the ITC's application of Section 337(a)(3)(B) of the Tariff Act of 1930.

The court clarified that "significant employment of labor or capital" can now encompass investments in warehousing, marketing, sales, quality control, distribution, and related labor costs, even if primary manufacturing occurs overseas.

This broadens the criteria for establishing a domestic industry, making the ITC a more viable venue for companies with substantial domestic non-manufacturing expenditures.

This expansion means that companies in the life sciences, pharmaceutical, and health device industries now have significantly wider access to the ITC.

This provides a potentially faster and more effective remedy to halt the importation of infringing products into the U.S., allowing businesses to protect their innovations more efficiently.

For more information on how these recent Federal Circuit decisions might impact your IP enforcement strategy or to understand the evolving domestic industry requirements at the ITC, please feel free to connect with our team.

Lee & Hayes, PC

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Tuesday	8am - 5pm
Wednesday	8am - 5pm
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