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Intellectual Property law-news Wills, Trusts, & Estates

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

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

Lowndes on

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

Alston & Bird

Patent Case Summaries | Week Ending March 14, 2025

Alston & Bird on

CQV Co., Ltd. v. Merck Patent GmbH, No. 2023-1027 (Fed. Cir. (PTAB) Mar. 10, 2025). Opinion by Cunningham, joined by Chen and Mayer. CQV petitioned the Patent Trial and Appeal Board for post-grant review of a Merck patent...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2025 #3

Kaufman & Canoles on

Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called...more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

Baker Donelson on

A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more

Foley & Lardner LLP

Delaying Examination of Continuing Applications Could Sabotage USPTO Goals

Foley & Lardner LLP on

Rumor has it that one of many behind-the-scenes changes being implemented at the USPTO relates to how (or when) continuing applications are taken up for examination. Typically, an examiner may give priority to a continuing...more

Hicks Johnson

How to Develop a Successful Trade Secret Litigation Strategy: 7 Best Practices for In-House Counsel

Hicks Johnson on

In today’s competitive business environment, trade secrets have emerged as some of an organization’s most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: In re: Xencor, Inc.

In re: Xencor, Inc., Appeal No. 2024-1870 (Fed. Cir. Mar. 13, 2025) Our case of the week is an appeal from a decision of the Appeals Review Panel of the Patent Trial and Appeal Board, concerning Xencor’s patent application...more

A&O Shearman

Federal Circuit Expands Economic Prong Of Section 337 Domestic Industry Requirement

A&O Shearman on

Lashify, Inc. is an American company, with headquarters and employees in the United States, that distributes, markets, and sells eyelash extensions (and cases and applicators for the eyelash extensions) in the United States....more

Bergeson & Campbell, P.C.

Council of the EU Agrees on Negotiating Mandate on Plants Obtained by New Genomic Techniques

The Council of the European Union (EU) announced on March 14, 2025, that the Committee of the Permanent Representatives of the Governments of the Member States to the EU (Coreper) endorsed the Council’s negotiating mandate on...more

Irwin IP LLP

Time To “Dew” It Again. 

Irwin IP LLP on

Dewberry Group, Inc., FKA Dewberry Capital Corp v. Dewberry Engineers Inc., No. 23-900, 604 U.S. (2025) - On February 26, 2025, the United States Supreme Court unanimously overturned a $43 million damages award arising out...more

Maynard Nexsen

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

Maynard Nexsen on

Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from...more

Goodwin

Federal Circuit Affirms Denial of Injunction Against Amgen in Aflibercept BPCIA Litigation

Goodwin on

On March 14, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the Northern District of West Virginia’s denial of a preliminary injunction against Amgen Inc. (“Amgen”) in the ongoing...more

Fenwick & West LLP

Navigating IP in Government Contracts

Fenwick & West LLP on

For space, defense, and industrial technology companies, securing government contracts is often a major growth milestone. But without a clear IP strategy, working with agencies like NASA or the Department of Defense (DoD) can...more

Venable LLP

Prolia® / Xgeva® (denosumab) Biosimilar Updates: Celltrion Biosimilar Approval, Amneal aBLA Filing, and Fresenius Kabi Litigation...

Venable LLP on

On February 28, 2025, the FDA approved Celltrion’s Stoboclo® / Osenvelt® (denosumab-bmwo) as the third company to receive FDA approval of biosimilars of Amgen’s Prolia® / Xgeva® (denosumab). ...more

Troutman Pepper Locke

What Were the Cooler Wars? (Part 1) — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode, Austin Padgett and Rusty Close delve into the intellectual property battle between cooler giants YETI and RTIC. They explore how YETI created a lifestyle brand of coolers and drinkware, and how RTIC brazenly...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – DOGE Testing Chatbot for Civil Service, DeepMind Unveils Robotics-focused AI Models, Spain Proposes Massive...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Polsinelli

Judge Connolly (D. Del.) Overturns $96 Million Molecular Diagnostics Jury Verdict, Finds Patents Invalid Under § 112

Polsinelli on

Synopsis: In a case with implications for the litigious molecular diagnostics space and written description law, Chief Judge Connolly of the District of Delaware reversed a $96 million jury verdict in favor of Natera,...more

Sunstein LLP

Trademarks & The First Amendment Webinar Recap

Sunstein LLP on

At our webinar, "Trademarks & The First Amendment," featuring litigators Lisa Tittemore and Katherine Soule, we promised to provide an update regarding the status of the injunction in the VIP Products v. Jack Daniel’s case....more

Purpose Legal

Proactive Steps for Protecting your Intellectual Property (IP) and Trade Secrets

Purpose Legal on

We live in an era in which information is a valuable commodity. Access to data, ideas, and trade secrets is in high demand, particularly for individuals or companies seeking to profit from this information. One way they gain...more

Husch Blackwell LLP

Navigating Clinical Research Agreements and Regulatory Strategy for Successful Commercialization

Husch Blackwell LLP on

Clinical research agreements (CRAs) and developing a regulatory strategy—particularly in connection with the Food and Drug Administration (FDA)—are crucial for a company’s ability to bring innovative life sciences products to...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Affirms PTAB’s Analysis Finding Product-by-Process Claim Narrowed During Prosecution Valid Over Prior Art

In a precedential opinion issued on March 4, 2025, in Restem, LLC v. Jadi Cell, LLC, No, 23-2054, the U.S. Court of Appeals for the Federal Circuit affirmed the PTAB’s claim construction and ruling that product-by-process...more

Mintz - Intellectual Property Viewpoints

Trade Secret Owners Need to Find the Facts Instead of Letting the Facts Find Them

Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more

Bennett Jones LLP

PMRA Publishes Final Guidance and Section 66 Agreement for Data Compensation for Re-evaluation and Special Reviews Published Prior...

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Following stakeholder consultations in the fall of 2024, on March 6, 2025, Health Canada's Pest Management Regulatory Authority (PMRA) released the final guidance document and the Section 66 Agreement under the Pest Control...more

Fish & Richardson

Trump Nominates John Squires as USPTO Director: Here’s What to Watch

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On March 10, President Trump nominated John Squires as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). ...more

Benesch

Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade...

Benesch on

After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or...more

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