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Herbert Smith Freehills Kramer

UPC ADR: Arbitration, Mediation and Expert Determination

The Patent Mediation and Arbitration Centre (PMAC) forms part of the Unified Patent Court (UPC). Its rules of operation are available here. It operates independently, but carries out its tasks in close contact and cooperation...more

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

Don’t Put All Your Eggs in One Basket: Patent Claim Strategies for Medical Device and Consumer Health Companies

In a recent Patent Trial and Appeal Board (PTAB) decision, all 14 challenged claims of U.S. Patent No. 9,308,138 — covering an absorbent article (incontinence pad) with a specialized layered structure — were found...more

K&L Gates LLP

High Court “Zips” Up Honest Concurrent Use

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In a decision with major implications for brand strategy, the High Court of Australia has upheld a high bar for traders to adopt a brand name “honestly”. The High Court has handed down its decision in Zip Co Limited v...more

Baker Botts L.L.P.

AI Legal Watch: May 2026

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On April 9, 2026, X.AI LLC ("xAI") filed a complaint for declaratory and injunctive relief in the U.S. District Court for the District of Colorado (X.AI LLC v. Weiser, No. 1:26-cv-01515) against Colorado Attorney General...more

Dinsmore & Shohl LLP

Brand Rights for Bored Apes: How the Ninth Circuit Brought Trademark Law into the Metaverse

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Key Takeaways: NFTs and digital assets are becoming a mainstream part of commerce, and companies should treat NFT-related branding like any other product or service...more

Knobbe Martens

USPTO Director Signals Continued Pro-Patent Discretionary Denial Policy at the Patent Trial and Appeal Board

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In a precedential decision in Magnolia Medical Technologies, Inc. v. Kurin, Inc., USPTO Director Squires denied IPR institution and reinforced the policy framework for discretionary denial at the PTAB, signaling a policy of...more

Fish & Richardson

USPTO Details Broad Principles of Discretionary Denial in AIA Proceedings

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The USPTO has issued a precedential decision in an IPR proceeding emphasizing a public-interest-oriented discretionary denial framework under which AIA proceedings must function as alternatives to litigation, not as...more

Arnall Golden Gregory LLP

The Pitch - April 2026

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Loeb & Loeb LLP

Whyte Monkee Productions, LLC v. Netflix, Inc.

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Following panel rehearing, Tenth Circuit affirms district court’s grant of summary judgment in favor of Netflix and Royal Goode Productions on all claims regarding use of plaintiffs’ videos in hit docuseries Tiger King,...more

Dinsmore & Shohl LLP

Result‑Oriented “Optimization” Claims Struck Down Under § 101

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In a recent decision addressing patent eligibility, infringement proof, and damages, the Federal Circuit vacated in part, and affirmed in part, a jury verdict and post-trial rulings in Constellation Designs v. LG Electronics....more

Loeb & Loeb LLP

Great Bowery Inc. v. Consequence Sound LLC

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In copyright infringement action over unauthorized use of photographs of Star Wars cast, Eleventh Circuit vacates district court’s summary judgment ruling that licensing agent for renowned photographer Annie Leibovitz lacked...more

Troutman Pepper Locke

New Preorder Patent Owner Rights in Ex Parte Reexamination — Patents: Post-Grant Podcast

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In this episode of the Post-Grant Podcast, Andy Zappia, Bryan Smith, and Ted Merkel explore a significant new director memo that changes how ex parte reexaminations are initiated at the Patent Office. They explain what ex...more

Hogan Lovells

Amazon launches .PAY

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While the second round of new generic Top Level Domains (gTLDs) opened at the end of April, a number of new gTLDs from the first round of 2012 have yet to launch; however, the wait is over for .PAY, which Amazon Registry...more

Loeb & Loeb LLP

Nazemian v. NVIDIA Corporation

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District court denies in large part AI developer NVIDIA’s motion to dismiss, finding authors plausibly stated claims for direct and contributory copyright infringement based on allegations that NVIDIA trained multiple LLMs...more

Flaster Greenberg PC

Congress Reauthorizes SBIR/STTR Programs Through 2031: What Innovative Companies Need to Know

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President Donald J. Trump recently signed the Small Business Innovation and Economic Security Act into law, officially reauthorizing the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2026 #2

The Beltway Buzz® is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Weintraub Tobin

The Briefing: Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right

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Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down...more

Knobbe Martens

Taylor Swift, Trademarks, and the Pursuit of a Federal Right of Publicity

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Taylor Swift’s recent trademark filings for her voice and likeness point to a growing trend among celebrities and high-profile individuals using federal trademark law—rather than relying solely on state-by-state publicity...more

Offit Kurman

Pre‑Launch Trademark Risk: What In‑House Counsel Should Address Before Product Launch

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Most trademark problems do not begin with a refusal from the USPTO or a cease-and-desist letter from a competitor. They begin much earlier during product development and brand naming, often before legal is meaningfully...more

NovoTech Patent Firm

Why Patents Don’t Commercialize Themselves — and What Founders Miss

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Many patents never translate into meaningful commercial value, not because the ideas are weak, but because the system surrounding them is misunderstood. From the outside, it is easy to assume that a granted patent should...more

Miller Johnson

Bottom Line: “Bum Bum” Packaging Falls Flat on Trade Dress Protection

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On March 17, 2026, the United States District Court for the Southern District of New York held that Sol de Janiero’s (“SDJ”) packaging for a beauty cream product was functional and therefore not entitled to trade dress...more

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

Much Ado About “About”

Recent decisions across the Federal Circuit and district courts reflect a tightening approach to approximation in patent claims. In Enviro Tech Chemical Services, Inc. v. Safe Foods Corp., the Federal Circuit invalidated...more

Brownstein Hyatt Farber Schreck

The Coming Wave of U.S.-China AI Trade Secret Litigation—What Companies Should Be Doing Now

Artificial intelligence disputes are rapidly moving beyond copyright and into trade secrets. As companies race to develop and deploy advanced AI systems, their most valuable assets increasingly consist of confidential...more

Alston & Bird

Patent Case Summaries | Week Ending May 8, 2026

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Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

Knobbe Martens

Drilling for Gold: How the Next Geothermal Rush Is Creating a New Patent Battleground

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Technological advancements in geothermal exploration and drilling are reducing uncertainty and lowering risk profiles, making private investors and lenders more willing to commit capital that was historically constrained by...more

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