Blank Rome recently shared that partners Keith B. Letourneau and Domingo Manuel LLagostera have been selected as finalists in the 2025 Texas Legal Awards presented by Texas Lawyer. In this Q&A honoree profile, Domingo, co-chair of the firm's Intellectual Property ("IP") Litigation practice group, offers his perspective on the evolving landscape of IP law and shares practical guidance on how legal professionals can stay ahead of emerging trends.
What trends do you see shaping the future of IP law?
A key trend shaping the future of IP law is the increasing difficulty of challenging patent validity through Inter Partes Review (IPR) at the Patent Trial and Appeal Board (PTAB). Recent policy shifts—particularly under the Trump administration—have led to a more pro-patent environment, with the USPTO more frequently denying IPR petitions. This is largely due to the application of the "Fintiv" factors, which allow the PTAB to deny IPRs when there is parallel litigation in district court. As a result, the strategic advantage of using IPRs to stay litigation and potentially invalidate patents has diminished.
How do you prepare for these changes?
IP practitioners are adapting by reassessing the viability of IPRs as a litigation strategy. This includes:
• Carefully evaluating whether filing an IPR is still the best option for a client.
• Exploring alternative mechanisms such as ex parte reexamination.
• Monitoring policy developments at the USPTO and adjusting strategies accordingly.
• Advising clients earlier in the litigation process to account for the increased likelihood of discretionary denials.
To read the article, please click here.
"Intellectual Property Attorney of the Year Finalist: Domingo LLagostera, Blank Rome," was published in Texas Lawyer on September 18, 2025.
