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

(Podcast) The Briefing: 2025 IP Resolutions Start With a Review of IP Assets

Weintraub Tobin on

Kick off 2025 by reviewing your company’s IP assets! Whether you’re new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey and Tara Sattler break down key steps...more

Weintraub Tobin

The Briefing: 2025 IP Resolutions Start With a Review of IP Assets

Weintraub Tobin on

Kick off 2025 by reviewing your company’s IP assets! Whether you’re new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey and Tara Sattler break down key steps...more

Dickinson Wright

Part 3: Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance

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This is the third post in a 3-part series. Below, we describe Example 49 which focuses on using AI to assist with a medical treatment....more

DLA Piper

Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

DLA Piper on

A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a...more

Bradley Arant Boult Cummings LLP

Two-Minute Drill: Department of Education Guidance and Department of Justice Weigh in on House Settlement

Change is inevitable. This sentiment resonates across the college sports landscape. Few, if any, would argue that the current model of college athletics is sustainable. While fans continue to tune in and March Madness remains...more

Alston & Bird

Patent Case Summaries | Week Ending January 17, 2025

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Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., No. 2023-2346 (Fed. Cir. (PTAB) Jan. 14, 2025). Opinion by Prost, joined by Lourie and Stark....more

Womble Bond Dickinson

What in the [Meta]World?: Abitron Creates More Questions than Answers

Womble Bond Dickinson on

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in...more

Smart & Biggar

Canadian patent law 2024: a year in review

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2024 was an active year in Canadian patent law, with the Federal Court issuing several decisions on the merits regarding invalidity and/or infringement. The courts also considered issues of the regulation of patent agents,...more

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

2024 Design Patents Year in Review: Analysis & Trends: District Court Design Patent Cases: A Busy Year of Case Filings

2024 was another busy year for district court decisions! There were multiple jury trials, case-dispositive design patent decisions, and claim construction decisions across a range of venues and at a range of case postures. We...more

Orrick, Herrington & Sutcliffe LLP

Protecting Trade Secrets: Tips for AI Companies

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more

Cozen O'Connor

Making Sense of Trump’s Day One and Two Pronouncements on Trade and Tariffs

Cozen O'Connor on

The first two days of the new Trump administration were marked by pronouncements that portend short-run uncertainty about the tariff environment. Although President Trump’s past statements had led many people to expect he...more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

Morrison & Foerster LLP - Government...

DoD Updates Data Rights Regulations for SBIR/STTR Programs

As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more

Winstead PC

The Year in Review: 2024 Patent Litigation Verdicts

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Sixty-seven patent infringement trials reached a jury verdict in 2024. Of these 67 patent infringement verdicts, thirty-one (approximately 46%) were a complete patent owner win on all patent infringement and validity issues. ...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Clarifies What Is Deemed Prior Art in an IPR

On January 14, in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., the Federal Circuit held that a published patent application can be prior art in an inter partes review (IPR) based on the application’s filing date, not the...more

Moritt Hock & Hamroff LLP

Supreme Court Deciding Trademark Case With Broad Implications For The Principle Of Corporate Separateness

In August 2023, a federal appeals court upheld a district court case ruling that declined to apply the principle of corporate separateness – that corporations have no liability for their affiliates’ actions or obligations....more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

McDermott Will & Emery

A Lynk to the Past: Published Applications Are Prior Art as of Filing Date

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The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision finding challenged claims invalid based on a published patent application that, in an inter partes review (IPR) proceeding, was...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2025 #3

Bearbox LLC v. Lancium LLC, Appeal No. 2023-1922 (Fed. Cir. Jan. 13, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s determination that appellants Bearbox and Austin Storms—Bearbox’s...more

McDermott Will & Emery

Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently...more

McDermott Will & Emery

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

McDermott Will & Emery

No Co-Inventorship Absent Corroborated Conception

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In a patent case concerning cryptocurrency data mining, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment and its ruling that a state law conversion claim was preempted by...more

Foley Hoag LLP

Summary of the USPTO Artificial Intelligence Strategy (January 2025)

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The U.S. Patent and Trademark Office (USPTO) has announced its strategy for addressing important issues at the intersection of artificial intelligence and intellectual property rights. Although primarily concerned with the...more

McDermott Will & Emery

Complex or Not Written Description Is Evaluated Against Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court’s ruling of invalidity for lack of written description, finding that the district court erred in its analysis of written description because patents...more

Williams Mullen

D.C. Circuit Court of Appeals Vacates the Confidential Business Rule under TSCA

Williams Mullen on

The D.C. Circuit Court of Appeals vacated a portion of the Confidential Business Information rule (CBI) in the Toxic Substances Control Act (TSCA) regulations as the panel of judges found it unlawfully allows for the unwanted...more

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