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Womble Bond Dickinson

Negotiating AI Agreements with Vendors

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Does your company need to install AI functionality into its systems?  Are you receiving AI models from vendors without knowing about it?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Gates Down: Third Circuit Says Breaking Employer Computer Access Policies Is Not Hacking

The U.S. Court of Appeals for the Third Circuit recently ruled that violations of employers’ computer access policies do not constitute violations of the federal Computer Fraud and Abuse Act (CFAA) and that account passwords...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: In re Motorola Solutions, Inc.

Our case of the week is one of a series of cases challenging newly-enacted procedures by the Trump Administration that are having a significant effect on the inter partes review regime set up by the America Invents Act. In a...more

Fox Rothschild LLP

The Dream “TEAM” – Talent, Esquire, Agent, and Manager

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Athletes, entertainers, musicians and other individuals at the vanguard of their fields (whether it be the next Super Bowl MVP quarterback, Grammy-winning artist, or Oscar-winning director), often surround themselves with a...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Notice Regarding Improper Small and Micro Entity Status

The new Director of the Patent and Trademark Office, Undersecretary of Commerce for Intellectual Property John A. Squires has spent the last few weeks making serious policy changes in the Office (see “New Director Overturns...more

Fenwick & West LLP

USPTO Tightens IPR Procedures: Lessons from Recent Material Error Cases and New Policy Changes

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Petitioners challenging patents in IPR procedures may use various strategies to improve the likelihood of avoiding discretionary denial. One such strategy is to identify a material error. In this alert, we explore several...more

Freeman Mathis & Gary

Third Circuit rules that an employer’s passwords are not “trade secrets”

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An employer’s passwords may protect valuable information, but the passwords themselves lack independent economic value and thus fail to qualify as “trade secrets” under the Defend Trade Secrets Act. Understanding trade...more

Morgan Lewis

The In re Motorola CAFC Ruling Reaffirms Discretionary, Nonappealable Nature of PTAB IPR Institution Decisions

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The Federal Circuit’s latest ruling in In re Motorola Solutions, Inc. solidifies the discretionary authority of the USPTO director over inter partes review institution decisions, underscores the limited scope of judicial...more

McDonnell Boehnen Hulbert & Berghoff LLP

Chewing the Cud: Are Tariffs Sucking IP Blud?

With all the talk about tariffs, and the recent Oral Hearing at the Supreme Court, I started wondering as to how this impacts intellectual property (IP). Tariffs are defined as taxes levied against imported goods, calculated...more

Smart & Biggar

Unlocking IP grant funds for Canadian SMEs

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IP protection can seem costly and feel out of reach for many Canadian startups. Rest assured, government funding and grants may be available to fund your IP. These grants can range from $18,000 to upwards of $100,000. A...more

Jones Day

JONES DAY TALKS®: Protecting the Crown Jewels: IP Due Diligence in Venture Capital Financings

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Sometimes overlooked or minimized, intellectual property matters should be carefully considered in the assessment of venture capital and early-stage deals. Artificial intelligence-related issues, geopolitical concerns,...more

Akerman LLP

I Want My Patent, ASAP! How AI Is Turbocharging USPTO Exams

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The USPTO’s new Artificial Intelligence Search Automated Pilot Program (ASAP!) is transforming the patent examination process by leveraging AI to conduct pre-examination prior art searches for utility applications. Under this...more

Irwin IP LLP

Fifth Circuit Holds No Immunity for Attorney Fraud, Vacates Damages Over Missing Analysis, and Flags Seventh Amendment Jury Trial...

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Lewis Brisbois v. Bitgood et al., No. 24-20458 (5th Cir. 2025) - In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense,...more

Seyfarth Shaw LLP

Dr. Thaler Is Right, in Part

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When Dr. Stephen Thaler asked the U.S. Supreme Court to reconsider the human authorship requirement for copyright protection last month, many observers dismissed the effort. Thaler’s claim—that his generative AI system should...more

Foster Swift Collins & Smith

When the Dough Rises Too Close to Home - A Hypothetical Trademark Story

The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information...more

PilieroMazza PLLC

Warfighting at Warp Speed: Why Defense Contractors Must Track the Department of War’s Acquisition Overhaul

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The Secretary of War Pete Hegseth announced on November 7, 2025, that the U.S. Department of War (DOW) is dropping a game-changing memo: “Transforming the Warfighting Acquisition System to Accelerate Fielding of...more

Loeb & Loeb LLP

In Re OpenAI Inc., Copyright Infringement Litigation

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District court denies motion to dismiss plaintiffs’ claim of direct copyright infringement based on AI outputs, holding that plaintiffs adequately pled that defendant OpenAI actually copied plaintiffs’ text and that...more

Polsinelli

Federal Circuit Denies Challenges to USPTO Director’s Discretionary Denial Decisions

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Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more

Mayer Brown

Scaling a Business Through Strategic IP Partnerships and Brand Licensing

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I. INTRODUCTION - Brand license agreements can drive business growth and brand recognition. By granting rights to use, develop, and commercialize technology and other IP (such as trademarks), license agreements enable...more

Alston & Bird

Patent Case Summaries | Week Ending October 31, 2025

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Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, -1211 (Fed. Cir. (P.T.A.B.) Oct. 30, 2025). Opinion by Linn, joined by Hughes and Cunningham. Merck owns two patents directed to methods of treating...more

Jenner & Block

The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution

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The Federal Circuit Court of Appeals’ recent decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc., No. 2023-1446 (Fed. Cir. Sept. 30, 2025) reversed summary judgment of infringement on two patents and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Aortic Innovations LLC v. Edwards Lifesciences Corp. (Fed. Cir. 2025)

In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp....more

Smart & Biggar

Exemplary or optional elements in Canadian patent claims

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With the advent of claim fees in 2022, applicants must now limit the number of claims in their Canadian patent applications to avoid government fees. While cancelling claims (particularly dependent claims) is the simplest...more

Goodwin

Amgen Files BPCIA Complaints Against Dr. Reddy’s/Alvotech and Amneal Regarding Denosumab Biosimilars

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On November 6, 2025, Amgen, Inc. (“Amgen”) launched a new round of BPCIA denosumab litigations when it filed two cases in the U.S. District Court for the District of New Jersey, one against Dr. Reddy’s Laboratories (“Dr....more

Fish & Richardson

Standard Essential Patents: Life Cycle Overview

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Technologies such as Wi-Fi, 5G and 4G LTE, and high-fidelity video streaming are ubiquitous in modern products. In fact, a huge portion of everyday technologies is based on technical standards like these, and that portion is...more

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