When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital Frontier — The Crypto Exchange Podcast
(Podcast) The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
The Briefing: Protecting Fictional Characters – Copyright and Trademark Strategies
Top Employment Insights: 44th Annual Workforce Management Briefing - #WorkforceWednesday® - Employment Law This Week®
(Podcast) The Briefing: Protecting Fictional Characters – Copyright and Trademark Strategies
The Briefing: The Nirvana Baby Lawsuit – A Win for Nirvana
The IP Future: Intellectual Property Challenges in AI Health Care Contracts – The Good Bot: Artificial Intelligence, Health Care, and the Law
BYTES: Multimodal Versus Unimodal AI
BYTES: Open Source Software
SkadBytes Podcast | The EU Data Act: How New Rules Could Reshape Access, Control and Competition in the Data Economy
Unexpected Paths to IP Law with Jerry Hrycyszyn and Suresh Rav
(Podcast) The Briefing: The Nirvana Baby Lawsuit – A Win for Nirvana
Can a Coach's Playbook Be Copyrighted? — No Infringement Intended Podcast
Partner Craig Seebald Explains Day 1 of a Criminal Antitrust Investigation
Partner Nicole Castle Explains Vinson & Elkins' Antitrust Cartel Primer
Partner Jason Powers Explains Vinson & Elkins' Antitrust Cartel Primer
It Only Took 13 Years: The Federal Circuit's First Derivation Proceeding Decision — Patents: Post-Grant Podcast
The Briefing: Studios Beware – The Danger of the Beauty and the Beast Copyright Decision
(Podcast) The Briefing - Studios Beware: The Danger of the Beauty and the Beast Copyright Decision
Are you planning on challenging a competitor’s patent at the US Patent and Trademark Office (USPTO)? The policies of the new director of the USPTO may cause you to rethink your strategy. The USPTO has recently proposed a new...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s construction of a claim, finding that the plain and ordinary meaning of a disputed term was redefined by the patentee under principles of...more
The September 2025 edition of our Texas Round-Up focuses on developments in cases involving jurisdiction and pleadings....more
On October 31, 2025, the Director of the United States Patent and Trademark Office (USPTO) issued a notice denying institution of inter partes review (IPR) in 13 separate proceedings. The notice listed only the docket numbers...more
The US Court of Appeals for the Federal Circuit found that an administrative patent judge’s (APJ) recusal in an inter partes review (IPR) based on ownership of stock in one of the defendant’s corporations in an amount below...more
The SEP licensing and litigation landscape has continued to evolve in the latter half of 2025, shaped by several significant global trends...more
In this edition of The Precedent, we outline the decision in IGT v. Zygna Inc. This case affirms an obviousness finding by the Patent Trial and Appeal Board (“the Board”) in an inter partes review (IPR) proceeding filed after...more
Headlines about AI intellectual property infringement liability tend to focus on direct infringement, i.e., the AI's unauthorized copying/use of others' intellectual property, especially in the context of training data....more
In Brita LP v. Int’l Trade Comm’n, No. 24-1098 (Fed. Cir. Oct. 15, 2025), the Federal Circuit, in a precedential opinion, affirmed the International Trade Commission’s (“ITC” or “Commission”) decision that certain claims of...more
In an October 27, 2025 precedential opinion, Aortic Innovations LLC v. Edwards Lifesciences Corp., No. 2024-1145, the Federal Circuit affirmed a stipulated judgment of non-infringement in favor of Edwards Lifesciences...more
A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right. In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss...more
For autologous cell and gene therapies (CGTs), the collection of patients‘ cells is the first step in the manufacture of the medicinal product. In Germany, this step is usually conducted by specialized treatment centers that...more
It has been over a decade since the Supreme Court blessed us with the two-step framework for patent eligibility under 35 U.S.C. § 101 in Alice Corp. v. CLS Bank. First, one must determine whether the claim at issue is...more
If your company has filed a trademark application with the United States Patent and Trademark Office (USPTO), you may find yourself on the receiving end of unsolicited – and often fraudulent – communications. These scams are...more
Six years ago, in Arthrex v. Smith & Nephew, the Federal Circuit held that Patent Trial and Appeal Board (PTAB) judges were principal officers. That ruling garnered significant attention from patent practitioners leading up...more
On October 17, 2025, the USPTO published a notice of proposed rulemaking (NPRM) that proposes new rules that would significantly limit the circumstances in which the PTAB can institute or maintain an IPR where the patent has...more
Consent agreements between owners of conflicting trademarks often carry great weight when seeking registration at the U.S. Patent and Trademark Office, as they usually reflect the judgment of parties on the front lines of...more
On October 6, 2025, the U.S. Supreme Court declined to review the Federal Circuit’s decision in Crocs, Inc. v. Double Diamond Distrib., Ltd., et al., leaving a circuit split regarding Lanham Act false advertising claims...more
The rapid proliferation of artificial intelligence across creative industries has sparked a cascade of legislative and judicial activity worldwide, reshaping how intellectual property is defined, created, and protected. For...more
The October 17 Memo from Director Squires marked the end of a distinct discretionary denial era, the Interim Era. Per the memo, as of October 20, all institution decisions (discretionary, non-discretionary, and merits-based)...more
On October 17, United States Patent and Trademark Office (USPTO) Director John Squires issued an open letter with an attached memorandum explaining that effective October 20, 2025, the Director will assume responsibility for...more
We all have childhood memories of it: the sweet tang of fruit jelly mixed with the salty crunch of rich peanut butter, sandwiched between two pieces of soft sliced bread. Maybe you preferred it with the crusts on, cut along...more
Cox Commc’ns, Inc. v. Sony Music Ent., No. 24-171 (U.S. Nov. 3, 2025) - Music piracy poses a large threat to artists’ copyrights, depriving the music industry of billions of dollars annually. To combat this, music...more
The Food and Drug Administration (FDA) recently announced changes to its policy on when a comparative efficacy study would be required to demonstrate biosimilarity. In essence, FDA is lopping off the top of the “biosimilarity...more
United States Patent and Trademark Office (USPTO) Director John Squires has stated that “it is to the benefit of all [patent system] stakeholders [that] prior art is identified and applied at the earliest stage of examination...more