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Lathrop GPM

Virginia Federal Court Finds Contractual Injunction Provision Alone Cannot Warrant Preliminary Injunction, but Permits...

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A federal court in Virginia granted in part a franchisee’s motion to dismiss the counterclaims filed by franchisor Window Gang, LLC in the parties’ dispute. Willett v. Window Gang, LLC, 2026 WL 575903 (W.D. Va. Mar. 2, 2026)....more

A&O Shearman

Forever is a long time: rethinking termination in indefinite agreements

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In January 2025, we considered the High Court decision in Zaha Hadid Ltd v. Zaha Hadid Foundation, which held that the company was bound by a trademark licensing agreement until terminated by the foundation, and that this...more

Morgan Lewis

USPTO Expands Design Patent Protection for Computer-Generated Interfaces and Icons

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The US Patent and Trademark Office (USPTO) recently issued supplemental examination guidance for design patent applications directed to computer-generated interfaces and icons, expanding flexibility for applicants seeking...more

Knobbe Martens

AI and Genomics: A New Era of Personalized Medicine

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Genomic analysis has long been a focus of researchers. The advent of the Human Genome Project led to the successful mapping of the human genome and spurred further sequencing advancements. However, traditional tools often...more

Ballard Spahr LLP

New Discretionary Institution Factors Target Offshoring Trends

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On March 11, 2026, USPTO Director John Squires issued a memorandum establishing new discretionary factors for the institution of inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and...more

Venable LLP

Summary Judgment of Invalidity of OssiFi-Mab’s Patents Asserted Against Amgen’s Evenity®

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On February 24, 2026, the Court in Case No. 1:23-cv-10861 (D. Mass.) granted Amgen’s motions for summary judgment of invalidity of the claims of OssiFi-Mab’s (“OMAB”) U.S. Patent Nos. 8,877,196 (“the ’196 patent), 11,608,373...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - March 2026

Denial of a motion to dismiss a "cage free" eggs lawsuit, updates on marketing plant-based products with meat- and dairy-related terms in Europe, dismissal of a lawsuit alleging a restaurant's salsa was excessively spicy, and...more

Baker Botts L.L.P.

Texas Business Court Highlights Risks to Trade Secret Ownership Arising from Joint Development Agreements

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A ruling in Texas Business Courts (the second ever) highlights trade secret challenges. Most notably, the ruling identifies the difficulty of proving clear ownership and allocation of rights when trade secrets are not clearly...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Moves to Streamline Biosimilar Development: The Implications for Regulatory and IP Strategy

The U.S. Food and Drug Administration (FDA)’s March 2026 update to its biosimilar Q&A guidance arrives at a critical inflection point for the biopharmaceutical sector, as the industry faces a looming “patent cliff” with more...more

Baker Botts L.L.P.

Prosecution Laches Before the Supreme Court

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On March 2, 2026, Mr. Gilbert Hyatt, owner of 75 patents, filed a petition for writ of certiorari with the Supreme Court challenging the Federal Circuit's affirmance of the USPTO's denial of Mr. Hyatt's patent applications on...more

Dinsmore & Shohl LLP

USPTO Releases Supplemental Guidance on Graphical User Interface and Icon Design Eligibility

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The United States Patent and Trademark Office (USPTO) has increased flexibility in how ornamental designs for computer-generated interfaces or icons, e.g., GUI designs, are presented in design patent applications. The change...more

Venable LLP

Genentech Files ITC Complaint Targeting Biocon’s Proposed Perjeta® (pertuzumab) Biosimilar

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On February 27, 2026, Genentech filed a complaint under Section 337 of the Tariff Act of 1930 with the U.S. International Trade Commission (ITC) against Biocon concerning its proposed Perjeta® (pertuzumab) biosimilar, BMAB...more

Kilpatrick

4 Key Takeaways | AI In Practice: Patent Prosecution Strategies and the Upcoming Colorado AI Mandates

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Kilpatrick’s Charles Gray and Karam J. Saab recently presented on the topic of “AI in Practice: Patent Prosecution Strategies and the Upcoming Colorado AI Mandates” at the firm’s annual “SKI”-LE held in Breckenridge,...more

Miller Johnson

Backend Optimization, Frontline Compensation: Clarifying Reasonable Royalty Damages

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Exafer, Ltd. v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar. 6, 2026) - In Exafer Ltd. v. Microsoft Corp., the Federal Circuit vacated a district court’s exclusion of expert damages testimony and clarified the proper reach...more

Venable LLP

Janssen Files First BPCIA Suit Over Simponi® (golimumab) Biosimilar

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On March 3, 2026, Janssen filed a Complaint in the U.S. District Court for the District of Delaware against Accord and Bio-Thera Solutions, Case No. 1:26-cv-00222 (D. Del.), initiating the first BPCIA litigation related to...more

Husch Blackwell LLP

WIPO Delivers Two New Offerings to Help Brand Owners in Their Fight Against Online Infringers

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Most brand owners have grown accustomed to the world of whack-a-mole—shouldering an unfair burden as they struggle to combat the sheer scale of infringement happening online. So, it is a breath of fresh air to see an...more

Rothwell, Figg, Ernst & Manbeck, P.C.

From Reversal to Rehearing: USPTO to Revisit Decision Limiting Obviousness-Type Double Patenting Rejections

In a recent order, USPTO Director John A. Squires convened the Patent Trial and Appeal Board’s Appeals Review Panel (ARP) and granted sua sponte rehearing in an ex parte appeal involving obviousness-type double patenting...more

Foley & Lardner LLP

Iran-Linked Cyberattack: What U.S. Companies Need to Know Now

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On March 11, 2026, independent reports confirmed that one of the largest medical device companies in the United States was the target of a significant cyberattack attributed to Iran-linked threat actors. Although the...more

Foley & Lardner LLP

Increased Flexibility for Graphical User Interface Design Patent Applicants

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On March 12, 2026, the U.S. Patent and Trademark Office (“USPTO”) released new guidance[1] (the “Guidance”) that updates prior USPTO practice guidelines for the examination of design patent applications for computer-generated...more

Hogan Lovells

AI and Copyright: House of Lords publishes recommendations ahead of imminent government consultation report

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On 6 March the House of Lords Communications and Digital Committee published its report on AI, Copyright and the Creative Industries. This report, from a highly influential Parliamentary Committee, is intended to feed into...more

Brooks Kushman P.C.

Restriction Requirements and Disclaimer: Lessons from Focus Products Group Int’l, LLC v. Kartri Sales Co.

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The Federal Circuit’s recent decision in Focus Products Group Int’l, LLC v. Kartri Sales Co., 156 F.4th 1259 (Fed. Cir. 2025), serves as an important reminder that what patent applicants say and do not say during prosecution...more

Polsinelli

USPTO Expands PTAB Discretion to U.S. Manufacturing and Small Business

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Key Takeaways - The USPTO has formally expanded its discretionary framework. As of March 11, the Director will consider U.S. manufacturing footprint and small business status when deciding whether to institute IPR and PGR...more

Arnall Golden Gregory LLP

What’s New Pussycat? FDA Assists Drug Sponsors Requesting New Clinical Investigation Exclusivity

Key Takeaways - FDA explains what must be “new” to qualify for three years of non-patent market exclusivity. In a new draft Q&A guidance, FDA walks sponsors through what makes a clinical investigation “new,” how to support...more

Baker Donelson

Is AI-Generated Content a Protectible Asset?

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Recent widespread adoption of generative artificial intelligence (GAI) tools has introduced a fundamental legal question: what cognizable right, if any, attaches to content produced by an AI system? As AI-generated text,...more

Dinsmore & Shohl LLP

Patent Claim Language May Imply a Required Order of Steps

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In recently decided Sound View Innovations, LLC v. Hulu, LLC, (“Sound View”), the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court holding that Sound View Innovations’ patent (the ‘213 patent)...more

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