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Intellectual Property Updates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Hogan Lovells

Executive Order on "Promoting Advanced Artificial Intelligence Innovation and Security"

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On June 2, 2026, President Trump signed an Executive Order titled "Promoting Advanced Artificial Intelligence Innovation and Security" (the "Order"). The Order represents the Administration's latest action in its broader...more

Morgan Lewis

UPC Court of Appeal Clarifies Jurisdiction Over Non-UPC Patents in Fujifilm v Kodak

Morgan Lewis on

The UPC Court of Appeal has delivered an important ruling in Fujifilm v Kodak, confirming that the United Patent Court’s jurisdiction may extend to non-UPC European patent designations. The decision distinguishes between the...more

Morgan Lewis

A Practical Guide to IP Risk and Litigation in Data Center Development

Morgan Lewis on

As data centers integrate numerous advanced technologies within a single operating environment, they are becoming a natural focal point for intellectual property (IP) scrutiny, including patent disputes, with patent...more

Axinn, Veltrop & Harkrider LLP

The Skinny Line Between Possible and Plausible

By now most people have heard that Hikma v. Amarin, No. 24–889 (June 4, 2026), was an overall favorable decision for skinny labeling. But what are the practical takeaways? Here we outline the facts and factors considered by...more

Brownstein Hyatt Farber Schreck

Can You Enforce Trade Secrets in “Vibe-Coded” Systems?

AI-Assisted Development Is Reshaping Software Ownership, Confidentiality and Litigation Risk - Artificial intelligence (AI) is rapidly transforming how software is developed. More than ever, engineers are no longer writing...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Addresses Liability for Patent Infringement by Generic Pharmaceuticals

In a unanimous opinion by Justice Ketanji Brown Jackson, the U.S. Supreme Court held that Amarin, the developer of Vascepa® (reference listed drug), failed to plausibly allege that Hikma actively induced infringement of...more

Epstein Becker & Green

AI Medical Technology Meets IP Law in Patent Infringement Suit

In April 2026, a complaint alleging “one of the most egregious examples of piracy in the medical technology industry” landed on the docket of the U.S. District Court for the Eastern District of Texas....more

Foley Hoag LLP

Hikma v. Amarin: It’s Not Just About Skinny Labels

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Key Takeaways: In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, the Supreme Court reversed the Federal Circuit and held that a generic drug manufacturer’s FDA-compliant skinny label, combined with...more

Arnall Golden Gregory LLP

Trimming the Fat: Supreme Court Slims Down Skinny Label Liability

On June 4, 2026, the United States Supreme Court issued its decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. In its decision, the Supreme Court reversed the Federal Circuit, and held that Amarin’s complaint...more

Fenwick & West LLP

Navigating AI Liability Under the Revised NO FAKES Act

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Generative artificial intelligence has made it easier than ever to replicate someone’s voice or face without their consent, and the law has struggled to keep pace....more

Wolf, Greenfield & Sacks, P.C.

Hikma v. Amarin: What the Supreme Court’s Decision Means for Skinny Labels and Induced Infringement

The Supreme Court has issued a unanimous decision in Hikma v. Amarin, holding that Amarin did not meet its pleading burden of plausibly alleging that Hikma induced infringement of Amarin’s patents relating to reducing the...more

Loeb & Loeb LLP

Generic Manufacturers Given “Breathing Room” with Carve-Outs

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Generic drug manufacturers have greater protection from claims of induced infringement in “skinny label” cases following a unanimous 9-0 victory before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma. Skinny...more

Robins Kaplan LLP

Supreme Court Rejects “Possibility” Standard for Induced-Infringement Claims Against Skinny-Label Generics

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The Supreme Court issued a unanimous decision for Hikma in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. It reversed the Federal Circuit and held that Amarin failed to state a claim that Hikma induced infringement...more

McDermott+

McDermott+ Check-Up – June 5, 2026

McDermott+ on

The Senate passed the reconciliation 2.0 package, which funds ICE and CBP and includes no healthcare provisions. The bill now moves to the House, though Republican leadership cancelled Friday votes, postponing further action...more

Morrison & Foerster LLP - Social Media

Social Links: The Online Safety Dance Continues

Youth-Safety Debate Moves Down-Stack - Utah is the latest state to push online youth-safety regulation beyond social media platforms themselves. A new law (H.B. 498) requires stores to verify users’ ages and obtain...more

Bradley Arant Boult Cummings LLP

Affirmed But Not Over: The Federal Circuit Sends an Unexplained “Unexceptional” Ruling Back to the Field

On June 2, 2026, the Federal Circuit issued a precedential decision in AGI SureTrack LLC v. Farmers Edge Inc. that delivered a split result — and a reminder that winning a patent case is not the same thing as collecting fees...more

Lathrop GPM

Federal Court Grants in Part and Denies in Part Motion to Dismiss Noncompetition and Misappropriation Claims Brought by Franchisor

Lathrop GPM on

A federal court recently denied a motion to dismiss a franchisor’s claims in Valenta Franchise LLC v. Innerworks LLC, 2026 WL 1453649 (D. Ariz. May 22, 2026)....more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Unanimously Holds that Affirmative, Purposeful Conduct is Required to Allege Induced Infringement in Skinny Label Case

The Supreme Court unanimously held that for a complaint of induced infringement, a patent owner must allege that the accused infringer took affirmative, not passive, steps to encourage direct infringement. Thus, where a...more

Venable LLP

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) -...

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Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more

Miller Johnson

Spirits of the Cold War: America Takes Another Shot at Vodka Succession Dispute 

Miller Johnson on

Federal Treasury Enterprise v. Spirits International, No. 14-cv-712 (S.D.N.Y. May 15, 2026) - Recently, the Southern District of New York (“District Court”) denied Federal Treasury Enterprise’s (“FTE”) motion for partial...more

Loeb & Loeb LLP

Disney Enterprises, Inc. v. Minimax

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District court denies motion to dismiss copyright infringement claims filed against operator of generative AI platform Hailuo, holding defendants are subject to personal jurisdiction in U.S., and that movie studio plaintiffs...more

Venable LLP

Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - June 2026

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Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Fish & Richardson

Hikma v. Amarin SCOTUS Decision

Fish & Richardson on

The Supreme Court held that inducement of patent infringement requires active, affirmative statements or actions encouraging infringement, not merely statements that could be read as encouraging infringement....more

Loeb & Loeb LLP

Worrell v. Thang, Inc.

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In dispute over ownership of sound recordings by group Parliament-Funkadelic, Sixth Circuit holds that band member’s ownership claim did not accrue until 2020, when band leader, George Clinton, denied validity of 1976...more

Venable LLP

Spotlight On: Prolia® / Xgeva® (denosumab) / Jubbonti® / Wyost® (denosumab-bbdz) / Ospomyv® / Xbryk® (denosumab-dssb) / Stoboclo®...

Venable LLP on

Denosumab Challenged Claim Types in Litigation: Claims are counted in each litigation, so claims from the same patent challenged in multiple litigations are counted more than once. Within each litigation a claim is counted...more

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