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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Herbert Smith Freehills Kramer

Navigating Export Control In Today's Geopolitical Climate

Businesses Should Assess All Parts Of Their Supply Chain To Determine Whether A Controlled Item Is Being Exported....more

Foster Swift Collins & Smith

Selling a Business? IP Problems That Often Surface During the Diligence Phase

If you are preparing to sell your business, there is one part of the process that often catches founders by surprise....more

Knobbe Martens

Aerospace Update | February 2026

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AI has become a buzzword synonymous with transformation, revolution, and innovation. Some industries are closer to effectively implementing AI solutions than others, due to the nature of their work and the complexity of the...more

Venable LLP

Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) /...

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Adalimumab 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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Cert. Denied, But One Thing is Cert-ain: The Human Authorship Requirement for Copyright

On March 2, 2026, the U.S. Supreme Court denied the petition for a writ of certiorari in Thaler v. Perlmutter, No. 25-449, ending a multi-year effort to secure copyright protection for a work, “A Recent Entrance to Paradise,”...more

Fox Rothschild LLP

Genetically Engineered Host Cells are Patent Eligible, Federal Circuit Rules

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In a significant decision for the biotechnology sector, the Federal Circuit provided much needed clarity on the patent eligibility of genetically engineered compositions. The Federal Circuit held that the genetically...more

Venable LLP

Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - March...

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Rituximab 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

Venable LLP

Spotlight On: Biosimilar Litigations - March 2026

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Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more

Bennett Jones LLP

Proptech: Patents and Patent Litigation

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The rapid digitization of the built environment has transformed real estate from a traditionally asset-heavy industry into a veritable data-driven ecosystem. The technology driving this transformation is commonly referred to...more

Womble Bond Dickinson

Federal Circuit: Conventional Techniques Do Not Bar Patent Eligibility

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In REGENXBIO v. Sarepta Therapeutics, the Federal Circuit recently held that a cell containing a non-naturally occurring recombinant nucleic acid molecule is not a product of nature and is patent‑eligible under 35 U.S.C. §...more

Goodwin

Federal Circuit Finds Claims Directed to Host Cells Patent-Eligible

Goodwin on

On February 20, 2026, the Federal Circuit held that patent claims directed to a cultured host cell are patent-eligible under 35 U.S.C. § 101—reversing a district court’s January 2024 decision granting summary judgment of...more

Venable LLP

Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin...

Venable LLP on

Insulin Glargine 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

Venable LLP

Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb)...

Venable LLP on

Trastuzumab 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

Venable LLP

Court Dismisses Sandoz’s Enbrel® (etanercept) Antitrust Lawsuit

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On February 17, 2026, the Court dismissed Sandoz’s Complaint against Amgen in Case No. 2:25-cv-00218 (E.D. Va.) for failure to state a claim under FRCP 12(b)(6).  ...more

Dinsmore & Shohl LLP

Piracy Moves in Real Time. Your Enforcement Strategy Should Too: A Review of Notorious Markets for Counterfeiting and Piracy

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In March 2026, the Office of the U.S. Trade Representative (“USTR”) released its 2025 Review of Notorious Markets for Counterfeiting and Piracy (the “Notorious Markets List” or “NML”). The report highlights prominent examples...more

Hogan Lovells

FDA issues 3-year exclusivity draft guidance clarifying requirements to obtain exclusivity and providing model language for...

Hogan Lovells on

On March 3, 2026, the U.S. Food and Drug Administration (FDA) announced the publication of its new draft guidance “New Clinical Investigation Exclusivity (3-Year Exclusivity) for Drug Products: Questions and Answers” ("NCIE...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies the Importance of Distinguishing Between Functional and Ornamental Features in Design...

The Federal Circuit recently emphasized that patentees must distinguish between functional and ornamental features claimed in design patents or otherwise risk facing a narrowed construction of the patents’ claims....more

Offit Kurman

Using a Private Foundation to Preserve an Artist’s Legacy

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Thoughtful estate planning is essential for artists seeking to ensure the long‑term preservation, management, and presentation of their lifelong work....more

Vorys, Sater, Seymour and Pease LLP

Federal Circuit Affirms Antitrust Liability for Patent Tying in Ingevity Corp. v. BASF Corp.

In Ingevity Corp. v. BASF Corp., the Federal Circuit affirmed a jury verdict finding that Ingevity Corp. (Ingevity) violated antitrust laws by tying licenses to its fuel‑vapor canister patent to purchases of its unpatented...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs

On February 27, 2026, the U.S. Patent and Trademark Office and Antitrust Division of the U.S. Department of Justice filed a “Statement of Interest” in Collision Communications, Inc. v. Samsung Electronics Co., Ltd., a case...more

Knobbe Martens

Federal Circuit Review | February 2026

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In Range Of Motion Products, LLC v. Armaid Company Inc., Appeal No. 23-2427, the Federal Circuit held that functional aspects of a design must be separated out when analyzing whether an ordinary observer would find two...more

Goodwin

Janssen Files BPCIA Complaint Against Bio-Thera and Accord Related to Golimumab Biosimilar

Goodwin on

On March 3, Janssen Biotech, Inc. and Janssen Sciences Ireland UC (collectively, “Janssen”) filed a BPCIA complaint in the U.S. District Court for the District of Delaware against Accord BioPharma, Inc. and Bio-Thera...more

Morgan Lewis - As Prescribed

The Impact of the EU Pharma Package on the UK

As readers will be aware, at the end of 2025, the EU institutions agreed the text of the EU Pharma Package: the wholesale change to the pharmaceutical regime in the EU that has been debated for many years. The changes...more

Morgan Lewis

US Supreme Court Declines to Consider Whether AI Alone Can Create Copyrighted Works

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The US Supreme Court has declined to consider the copyrightability of artwork generated purely autonomously by artificial intelligence, leaving in place the “human authorship requirement” for copyright protection. In this...more

Seyfarth Shaw LLP

AI Update: SCOTUS Declines Review in Thaler Case

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The U.S. Supreme Court has declined to hear Dr. Stephen Thaler’s appeal seeking copyright protection for his AI‑generated artwork A Recent Entrance to Paradise. The decision allows to stand the long series of administrative...more

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