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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
McDermott Will & Schulte

Tick tock: Related trade secrets have single accrual date under DTSA statute of limitations

The US Court of Appeals for the Federal Circuit reversed a judgment awarding damages and a permanent injunction, finding that the plaintiff’s trade secret misappropriation claims were barred by the statute of limitations...more

McDermott Will & Schulte

E-I-E-I-No patents for data harvesting

Addressing patent eligibility and attorneys’ fees, the US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that five farming data patents were directed to patent-ineligible subject matter, but...more

McDermott Will & Schulte

Funked out: Sixth Circuit finds copyright ownership claim accrues upon plain and express repudiation

Addressing when a copyright ownership claim accrues under the Copyright Act, the US Court of Appeals for the Sixth Circuit reversed a summary judgment grant, finding that genuine disputes of material fact remained as to...more

Volpe Koenig

Extending Your Patent: Continuation and Divisional Patent Practices & Strategies in Worldwide Jurisdictions

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In most commercially significant inventions, strategic filing of various types of “child” patent applications (patent applications extending from an original or “parent” patent application) in various worldwide jurisdictions...more

Ward and Smith, P.A.

The Risk Landscape: Legal, Operational, and Ethical Risks in AI Vendor Engagements

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This article catalogs the principal categories of risk that corporate counsel should evaluate, with concrete examples and an eye toward the contract levers that can mitigate each one. Data is the fuel for AI systems, and the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)

In a decision that, in retrospect, is not surprising (in view of the haste with which the Court took up the case after granting certiorari; see “Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s...more

Knobbe Martens

Should Have Written a Better Consent – And How(ey)!

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The Trademark Trial and Appeal Board (“TTAB” or “the Board”) afforded no weight to a bare-bones trademark consent agreement that contained no provisions for the parties to avoid confusion, even though the same agreement had...more

Greenbaum, Rowe, Smith & Davis LLP

Protecting Your Business: Unfair Competition Under New Jersey Law

What You Need to Know Unfair competition claims arise when a business alleges that a competitor, former employee, or business partner has engaged in improper conduct that damages its goodwill, customer relationships, or...more

ALTO Litigation

May Trade Secrets Litigation Brief: Fed. Circuit Reversal on Damages, Insulin Pump Verdict Thrown Out, Disney's Fee Award, and...

ALTO Litigation on

The U.S. Court of Appeals for the Federal Circuit held that trade secret plaintiffs may seek unjust enrichment damages measured by a defendant's gains from misappropriated technology and ordered a new trial on trade secret...more

Venable LLP

Supreme Court Clarifies Standard for Pleading Inducement of Patent Infringement in Hikma v. Amarin

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On June 4, 2026, a unanimous Supreme Court in Hikma Pharms. USA Inc. v. Amarin Pharma, Inc., No. 24-889, clarified the standard for pleading induced patent infringement under 35 U.S.C. § 271(b). ...more

Venable LLP

aBLA Resubmissions: Xbrane’s Xlucane (ranibizumab) and Alvotech’s AVT05 (golimumab) and AVT06 (aflibercept)

Venable LLP on

On June 3, 2026, Xbrane announced the resubmission of its aBLA for Xlucane (ranibizumab), a proposed biosimilar of Genentech’s Lucentis® (ranibizumab) after receiving a second Complete Response Letter (CRL) from the FDA in...more

Womble Bond Dickinson

What the Supreme Court’s Latest Decision on Skinny Labeling Means for Branded Drug Manufacturers

Womble Bond Dickinson on

On June 4, 2026 in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., the U.S. Supreme Court issued a unanimous decision that materially recalibrates inducement analysis in the context of Section viii carve-outs....more

Brooks Kushman P.C.

USPTO Pre-Docketing Notice

Brooks Kushman P.C. on

The United States Patent and Trademark Office (USPTO) has launched a new pilot program introducing an informational “Pre-Docketing Notice” for pending utility nonprovisional patent applications. This initiative is designed to...more

Pillsbury Winthrop Shaw Pittman LLP

White House Executive Order Signals Federal Focus on Frontier AI Cybersecurity

On June 2, 2026, the White House issued an executive order (EO) titled Promoting Advanced Artificial Intelligence Innovation and Security, establishing a federal policy framework that prioritizes AI-driven cybersecurity while...more

Adams & Reese

Keep Your Recission Rights Close: The Intersection Between Bankruptcy Law and Copyright Law

Adams & Reese on

The Eleventh Circuit’s recent decision in Lil’Joe Records, Inc. v. Ross et al., Case No. 24-13978 (11th Cir. June 2, 2026), reminds bankruptcy attorneys of the importance of scheduling and dealing with all of a debtor’s...more

WilmerHale

AI In the Public Interest: Authorship & Copyright in the Age of AI

WilmerHale on

In the Public Interest is excited to present the new miniseries, “AI In the Public Interest.” These episodes will examine AI’s impact on the legal landscape and its broader implications for the day-to-day operations of...more

Foley & Lardner LLP

Government-Funded Inventions and iEdison  

Foley & Lardner LLP on

Inventions conceived or reduced to practice during the performance of work funded by the U.S. federal government are subject to various obligations under the Bayh-Dole Act. Fulfilling these obligations is important to...more

King & Spalding

Possible Changes to PTAB Burden of Proof Surface at USPTO Listening Session

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On May 18, 2026, USPTO Director John Squires and Deputy Director Coke Morgan Stewart held a “listening session” with intellectual property practitioners, academics, and other industry professionals to discuss potential...more

Bilzin Sumberg

The World Cup Comes to Miami: Behind the Scenes

Bilzin Sumberg on

When fans think about the FIFA World Cup, they picture the matches, the players, the national pride, the fan festivals, and the extraordinary global energy surrounding the tournament. What they rarely see, however, is the...more

Stradling Yocca Carlson & Rauth

You Had Your Chance: Director Squires Slams the Door on Second-Bite IPR Petitions

Background - In a precedential Director discretionary denial issued May 14, 2026, USPTO Director John A. Squires denied institution of inter partes review in Magnolia Medical Technologies, Inc. v. Kurin, Inc., holding that...more

Alston & Bird

Potential Implications of Ollnova on Patent Prosecution Strategies

Alston & Bird on

Our Intellectual Property Group examines a Federal Circuit decision that strengthens the case for software and network-based patents whose claims are grounded in specific technical solutions rather than framed as abstract...more

Knobbe Martens

AI Training and Fair Use

Knobbe Martens on

While the legal landscape is continuing to take shape, a number of recent court decisions indicate that unlicensed use of copyrighted data to train AI models generally constitutes fair use. Each fair use inquiry depends on...more

Knobbe Martens

Does the USPTO Issue “Secret Patents” on Aerospace Innovations?

Knobbe Martens on

Despite periodic mentions by aerospace innovators of “secret patents,” this author is not aware of any evidence of such patents. There may be confusion with “Secrecy Orders,” which apply to patent applications, but not to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)

The measurement of the hydrogen ion concentration in an aqueous solution is represented (on a logarithmic scale) as the pH, wherein water under ambient conditions (a temperature of 25°C) has a neutral pH of 7 and the solution...more

Mintz

Don’t Tank Your Valuation: IP Mistakes AI Founders Make Before Exit

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You built something real. Now you want to get paid: whether through acquisition, fundraise, or IPO. But a few preventable mistakes can crater your valuation or kill a deal entirely. Here’s what to lock down before anyone runs...more

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