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Alston & Bird

Intellectual Property Litigation Newsletter | November 2025

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Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn avoiding prior art “by another” may be difficult, secret sales...more

Nelson Mullins Riley & Scarborough LLP

USPTO Proposed IPR Rule Changes – October 16, 2025

Summary of Proposed Rule Changes - On October 16, 2025, the United States Patent and Trademark Office (USPTO) issued a proposed rulemaking notice regarding significant changes to the procedures for instituting inter partes...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms That PTAB Patentability Findings Do Not Have Issue-Preclusive Effect in District Court

The Federal Circuit recently vacated a summary judgment ruling of invalidity, holding that the district court erred in applying preclusive effect to the Patent Trial and Appeal Board’s unpatentability findings regarding other...more

A&O Shearman

UPC penalty payments are only payable if court has previously ordered forfeiture of sum for non-compliance

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The UPC Court of Appeal (CA) has clarified the framework for penalty payments in enforcement proceedings. Penalty payments in the UPC must be based on a prior penalty order from the court, specifically reinforced with the...more

Jones Day

Director Terminates Proceeding Based on Inconsistent Testimony

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On October 1, 2025, USPTO Director John Squires issued his first Director Review decision, terminating in whole IPR2024-00465 (“IPR465”) based on unreliable and inconsistent expert testimony. In IPR465, Interactive...more

A&O Shearman

AI models trained abroad do not infringe when deployed in the UK, unless they store or reproduce copyright works

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Getty’s remaining UK copyright claim against Stability AI has been dismissed by the High Court. The AI model and its weights were held not to be “infringing copies” imported into the UK on the basis that they never copied or...more

Thompson Coburn LLP

Who Owns University-Created Art? A Work Made for Hire Showdown Offers a Cautionary Tale for Higher Ed

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In a decision potentially implicating a number of universities and creative employees, a federal court in Vermont recently held that the University of Vermont (UVM) owned the copyright to a new athletic logo created by a...more

Vinson & Elkins LLP

Are AI Data Centers the New Power Centers?

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The power driving AI comes not only from algorithms, but from the electricity that fuels them. In this episode of the Renewable Energy SmartPod, V&E partner Jeffrey Jakubiak discusses how rapid data center growth is...more

Maynard Nexsen

USPTO – Recent Trends - Subject Matter Eligibility Under 35 U.S.C. §101

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On November 5, 2025, the USPTO hosted an informative “USPTO Hour” in which panelists discussed updates to Subject Matter Eligibility under 35 U.S.C. § 101 (“Section 101”). Speakers, including Charles Kim (Deputy Commissioner...more

UB Greensfelder LLP

Protecting Trade Secrets and Confidential Information: Building a Culture of Confidentiality

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Every business has something that gives it a competitive edge—a process, client list, formula, or strategy that sets it apart. Protecting that information is not only essential to maintaining an advantage in the market but is...more

Latham & Watkins LLP

Software Due Diligence: Risikominimierung in M&A Transaktionen

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Software ist längst nicht mehr nur ein Baustein moderner Geschäftsmodelle, sondern oft ihr Taktgeber: als Kernprodukt, als Grundlage digitaler Prozesse oder zur Steuerung von Maschinen und Geräten. Wertschöpfung ist dort...more

Dinsmore & Shohl LLP

Breaking Down Brexit: The Lasting Impact on Trademark Use

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Beginning in 2026, trademark owners in the United Kingdom and European Union will need to rely on use of their trademark registrations within the relevant jurisdiction in order to meet the use requirements put forth by the...more

Miller Canfield

Dupe-Proof: Lululemon’s New Strategy for Brand Protection in the Social Media Era

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In today’s social media landscape, “dupe culture” is booming. Influencers and retailers frequently promote affordable alternatives to premium brands, using hashtags like #[company]dupe to attract attention. While this trend...more

Kilpatrick

5 Key Takeaways | 2025 ANA Masters of Advertising Law Conference

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Kilpatrick’s advertising law team attended the “2025 ANA Masters of Advertising Law Conference” in Chicago from November 3-5. Kilpatrick lawyers Barry Benjamin and Bryan Wolin were honored to present on the topic of social...more

Morgan Lewis

EUIPO Opposition Highlights Risk of Confusion from Disemvowelled Trade Marks

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The European Union Intellectual Property Office (EUIPO) Opposition Division recently upheld an opposition against the registration of “CNTRBND” as an EU trade mark, finding that there exists a likelihood of confusion with an...more

ArentFox Schiff

Federal Circuit Denies Mandamus: USPTO Discretionary Denial, Fintiv, and Sotera Stipulations in Motorola-Stellar IPRs

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The decision concerns eight patents owned by Stellar, LLC that were the subject of Motorola Solutions, Inc.’s inter partes review (IPR) petitions....more

Akerman LLP

UK Court Draws a Narrow Line on AI Training and Copyright

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In a landmark decision issued this week, the High Court of England and Wales offered the first significant judicial look at how UK copyright and trademark law apply to AI image generators. In Getty Images v. Stability AI, the...more

K&L Gates LLP

USPTO Launches Streamlined Patent Application Program

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For applicants with a patent application having, or amended to have, a streamlined claim set—one independent claim and a maximum of nine singly dependent claims—the United States Patent and Trademark Office (USPTO) recently...more

K&L Gates LLP

Copyright Act in Australia Won’t Permit Free Use of Copyright Works in AI

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The Albanese Government has rejected a proposal to amend Australia’s copyright laws to allow artificial intelligence (AI) systems to freely train on copyright works, according to an official statement released in October....more

Saul Ewing LLP

Class of Authors Can Pursue Copyright Infringement Claims Against OpenAI in SDNY

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What do the works of John Grisham, Jodi Picoult, and George R.R. Martin have in common? In addition to being bestsellers, they are at the heart of a consolidated class action asserting OpenAI's use of those authors' work as...more

International Lawyers Network

The DuPont Factors for Trademark Registration

Suppose you have filed a trademark application to register a trademark that identifies a source of goods/services for your business. During examination of the trademark application, the United States Patent and Trademark...more

Perkins Coie

Ecosystems and Legal Systems: Recent Apple Cases in the EU and the UK

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The judicial and regulatory scrutiny of Apple’s iOS and App Store ecosystem continues, with a judgment from the Competition Appeal Tribunal (CAT) in the United Kingdom, as well as decisions from authorities in the European...more

DLA Piper

Getty Images v Stability AI: the UK High Court decision offers guidance, but critical questions on AI and copyright infringement...

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The UK High Court has issued a decision in Getty Images (US) Inc. and others v Stability Al Ltd, the UK’s first and so far most important case addressing the emerging IP issues posed by generative AI. ...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2025 #2

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The NCAA on Friday declared six former Division I men’s basketball players permanently ineligible after investigations found they tried to fix games and provided information to gamblers about how they would manipulate...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Denies Three Early Petitions for Mandamus Relating to Rescission of a 2022 Fintiv Memo

On November 6, 2025, the U.S. Court of Appeals for the Federal Circuit (Judges Dyk, Linn, Cunningham, and/or Stoll) issued orders denying three petitions for mandamus (out of seven currently pending) challenging then-Acting...more

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