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Baker Donelson

A Patent Holder's Silence Can Be Deafening: Key Takeaways from Fraunhofer v. Sirius XM

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In Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 1:17-cv-00184-JFB-SRF (D. Del. Mar. 24, 2026), the U.S. District Court for the District of Delaware held that Sirius XM...more

Knobbe Martens

Federal Circuit Review | April 2026

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In Definitive Holdings, LLC v. Powerteq LLC, Appeal No. 24-1761, the Federal Circuit held that a third-party sale of a product embodying the claimed invention before the critical date can trigger the on-sale bar even if the...more

Dorsey & Whitney LLP

Can I Borrow Your E-Book?: A Brief Discussion of Controlled Digital Lending

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Perhaps lost in all of the commentary and handwringing over AI and what to do with the works it creates is how we care for copies of human-authored works. ...more

Troutman Pepper Locke

Is Your AI Tool Quietly Destroying Your Trade Secrets?

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Artificial intelligence is everywhere now: in your contracts, your research workflows, your customer service queue. And if your company is using it without thinking carefully about trade secret exposure, you may be quietly...more

Fish & Richardson

ITC Seeks Comments on Proposed Disclosure Rule

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The U.S. International Trade Commission (ITC) is seeking the public’s comments on a proposed rule that would require parties and intervenors to Section 337 investigations to file disclosure statements identifying real parties...more

Akin Gump Strauss Hauer & Feld LLP

No Numbers Required: N.D. Illinois Upholds “Qualitative” Patent Claims Against Indefiniteness Challenge

The Northern District of Illinois granted a summary judgment motion of no invalidity based on indefiniteness because the qualitative terms like “sufficiently slow” and “desired period of time” were definite when viewed in...more

Fish & Richardson

Teva v. Lilly: Conflicting Positions at PTAB and District Court Sink Patent Challenge

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The Federal Circuit has revived Teva’s headache-treatment claims and highlighted a recurring litigation risk: Arguments that win in one forum can backfire in another....more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Provides Path to Written Description and Enablement for Patents Related to Methods of Using a Well-Known Class of...

On April 16, 2026, the U.S. Court of Appeals for the Federal Circuit (the court) issued a precedential decision in Teva Pharmaceuticals International GmbH v. Eli Lily and Company, determining that the claims of Teva’s U.S....more

Jones Day

Innovative Insights: Legal Updates in the Life Sciences

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ISSUES AND UPDATES - Trade Secret Litigation Trends in Life Sciences - Trade secret litigation has risen sharply in recent years, driven by increased employee mobility, complex collaboration agreements, and heightened...more

Alston & Bird

Patent Case Summaries | Week Ending May 1, 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

Akerman LLP

Federal Circuit Reminds IPR Petitioners: Get It Right in the Petition

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Miss a ground in your inter partes review (IPR) petition? Don't expect a reply-brief footnote to save you. In DK Crown Holdings Inc. v. AG 18, LLC, No. 2024 2078 (Fed. Cir. May 6, 2026), the Federal Circuit affirmed the...more

Carlton Fields

Federal Circuit Invalidates Poultry Patent for Indefiniteness of Term “About”

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Patent applicants and holders who use approximation terms in their claims, like “about,” should take note of a recent Federal Circuit decision that underscores the risks of imprecise and inconsistent usage of such terms. In...more

McDermott Will & Schulte

Lost in the constellation: Result-oriented claims miss the mark under § 101

Addressing issues related to patent eligibility, infringement, and damages, the US Court of Appeals for the Federal Circuit vacated in part, affirmed in part, and remanded, finding that certain result-oriented claims were...more

McDermott Will & Schulte

Missed delivery: Institution decision statutorily unreviewable

Addressing the scope of appellate review under the America Invents Act, the US Court of Appeals for the Federal Circuit determined that challenges grounded in 35 U.S.C. § 312(a)(2)’s real-party-in-interest requirement are...more

Bradley Arant Boult Cummings LLP

Fowl Play: Federal Circuit Rules “About” Too Vague to Fly

In a recent precedential decision from the Federal Circuit, the appellate court explained that words of approximation like “about” are not inherently definite or indefinite — but when a patentee fails to provide sufficient...more

Baker Botts L.L.P.

Blockchain, AI Training Data, and Protecting Intellectual Property in the Next Deal

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The intersection of blockchain technology and AI training data disputes continue to generate significant market attention. The following offers practical perspective for companies seeking to protect and monetize their...more

Bradley Arant Boult Cummings LLP

Federal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate Review

A recent precedential Federal Circuit decision further clarifies the limited scope of judicial review over PTAB institution-related rulings, holding that refusal by the Patent Trial and Appeal Board to resolve a disputed...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hikma v. Amarin: The Amici Speak – Part III

In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf...more

Knobbe Martens

NOVONIX Emerges as a Winner in the U.S. Battery Materials Race

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The domestic battery race is being won by companies, such as NOVONIX, that are developing innovative IP and meeting critical operational and/or commercial milestones based on that IP. Continued investments, including through...more

Jones Day

Trade Secret Litigation Trends in Life Sciences

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The Rise of Trade Secret Litigation - Over the past decade, trade secret litigation filings have grown substantially. Several key drivers have fueled this increase. First, the enactment of the Defend Trade Secrets Act...more

Fenwick & West LLP

Strategic AI Integration Considerations for In-House Counsel

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Artificial intelligence is no longer coming. It is already embedded in your product roadmap, your vendor stack, and your board’s expectations. For startup general counsel, that means one thing: The pressure to move fast...more

Fenwick & West LLP

Introducing ‘Down the Gradient’: Where AI Meets Law and Real Conversation

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There’s no shortage of AI content across headlines and timelines, but not all of it feels like real, practical conversation. And that’s exactly why we launched the “Down the Gradient” podcast....more

Foley & Lardner LLP

Flexibility Versus Indefiniteness: What It’s All About

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In Enviro Tech Chemical Servs., Inc. v. Safe Foods Corp., the Federal Circuit recognized the permissibility of using “about” to “avoid a strict numerical boundary” for a claimed parameter, but held the claims at issue invalid...more

Skadden, Arps, Slate, Meagher & Flom LLP

SkadBytes Podcast | AI Regulation: EU and UK Update and What It Means in Practice

The focus in AI regulation has shifted from writing the rules to applying them, and the EU and UK are taking very different approaches. In this episode of “SkadBytes,” Deborah Kirk, Jonathan Stephenson and Alistair Ho discuss...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI in Aviation: Is a Patent Owner Liable?

In part one of this two-part series, we outlined the legal issues at play as the aviation industry adopts AI in its operations. In this article, we cover another key question: To what extent is a patent owner liable for...more

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