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Irwin IP LLP

Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner’s Right to Choose Form of Relief 

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DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) - On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc....more

Latham & Watkins LLP

Getty Images v Stability AI: English High Court Rejects Secondary Copyright Claim

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On 4 November 2025, the High Court of England and Wales (the Court) handed down its long-awaited judgment in Getty Images v. Stability AI,Getty Images (US) Inc & Ors v. Stability AI Limited [2025] EWHC 2863 (Ch). a case...more

Dorsey & Whitney LLP

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel

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The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets camping equipment under the mark 4MONSTER. Monster Energy owns the well-known...more

Seyfarth Shaw LLP

Big Trouble in Small Entity: The USPTO’s New Crackdown on Fee Status Fraud

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Another day, another change at the USPTO. If you have ever filed a patent application, you know there is a section that asks for your entity status: Large, Small, or Micro. If you have ever asked yourself whether size...more

ArentFox Schiff

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

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The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more

Wilson Sonsini Goodrich & Rosati

FDA Moves to Streamline Biosimilar Development: Implications for Regulatory Strategy and Clinical Study Design

The Food and Drug Administration (FDA) has issued new draft guidance signaling a policy shift toward reducing the need for comparative efficacy (CES) studies in biosimilar applications. The FDA’s approach aims to accelerate...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – November 2025 #2

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Warfighting at Warp Speed: Why Defense Contractors Must Track the Department of War’s Acquisition Overhaul - The Secretary of War Pete Hegseth announced on November 7, 2025, that the U.S. Department of War (DOW) is...more

Brownstein Hyatt Farber Schreck

Derivative and Secondary Liability for Copyright Infringement: Knowledge vs. Control

One may be liable for copyright infringement by another under theories of contributory infringement or vicarious infringement. Where there are multiple infringers of a copyright, all infringers are jointly and severally...more

PilieroMazza PLLC

FAR Part 27 Overhaul: Key Changes to Intellectual Property in Federal Contracting

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As part of the broader Revolutionary FAR Overhaul (RFO), Federal Acquisition Regulation (FAR) Part 27, which addresses patents, data, and copyrights was revised. While most changes were driven by the need for plain language,...more

Shumaker, Loop & Kendrick, LLP

"Compliance and Social Media: What You Need to Know About Influencer Content"

Engaging influencers and content creators (creators) to promote a company's brand has become a commonplace marketing technique, and often a highly effective way to reach new audiences. However, there are new and growing risks...more

Mayer Brown

Getty Images v Stability AI: What the High Court’s Decision Means for Rights-Holders and AI Developers

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On 4 November 2025, the High Court published its much-anticipated judgment in Getty Images v Stability AI. This is the first major UK ruling to examine how copyright and trade mark laws apply to the development and deployment...more

Alston & Bird

Patent Case Summaries | Week Ending November 7, 2025

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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

Benesch

AI Reporter - November 2025

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News of AI-generated “actress” Tilly Norwood’s potential signing with a talent agency has ignited debate among actors and other creative artists, including Emily Blunt, Whoopi Goldberg and Natasha Lyonne, who worry that...more

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

Strategic Prosecution in 2026: What Patent Examiners Might Do Differently — And What That Means for Your Portfolio

As companies and markets increasingly view patents not just as a defensive shield but as strategic assets (e.g., for licensing, enforcement, or other potential revenue generation), the prosecution phase is critical....more

McDermott Will & Schulte

Complete inventive entity required to avoid “by another” prior art under pre-AIA § 102(e)

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The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decision finding claims directed to cladribine regimens for treating multiple sclerosis unpatentable as obvious....more

Baker Botts L.L.P.

Navigating the New Landscape of AI Patent Protection

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The explosive growth of artificial intelligence has created unprecedented challenges for patent protection. While AI may be "the most transcendent and transformative technology of our time," as USPTO Director John Squires...more

Holland & Knight LLP

When Section 101 Goes to Trial: Alice Step Two Decided by Jury

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Many of the cases we discuss on this blog are decided at the district court level on a motion to dismiss or for judgment on the pleadings. Some are decided on summary judgment. But what happens when step two of the inquiry...more

Smart & Biggar

Using IP to remain competitive when developing dual-use technology

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Dual-use technology refers to technologies that have both civilian and military applications. The Canadian government, along with its NATO allies, has committed to an increased annual defence spending target to 5% of GDP by...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gaming Industry IP News: Switch pirate sued by Nintendo, Tencent casts shadow on Sony lawsuit, World of Warcraft private server...

The video game industry continues to see significant activity in the area of intellectual property law. This month’s newsletter highlights recent developments in ongoing cases as well as new disputes....more

Morrison & Foerster LLP

Mandamus Muddle: What the Federal Circuit’s Recent Decisions Mean For the PTAB

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Since the start of 2025, the new USPTO administration has been reshaping trial proceedings at the Patent Trial and Appeal Board (PTAB). Some stakeholders have pushed back in court, including through mandamus petitions at the...more

Greenberg Glusker LLP

Why the Westlaw case matters to AI, copyright and the future of machine learning

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The opening brief in a first-of-its-kind appeal of an AI copyright infringement case was recently filed, framing the issues that could result in legal precedent reshaping the AI industry. In Thomson Reuters Enterprise Centre...more

Herbert Smith Freehills Kramer

Enforcing Trade Secrets across borders: A comparative look at the UK, EU, US, Australia and China - Co-ordinating enforcement...

Trade secrets are increasingly recognised as vital assets in the intellectual property portfolios of modern businesses. Unlike patents or trade marks, trade secrets derive their value from secrecy and for this reason do not...more

Fish & Richardson

Unpacking Appellate Challenges to the USPTO’s Discretionary Denial Framework

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Since the United States Patent and Trademark Office (USPTO) rescinded former Director Vidal’s 2022 memorandum concerning discretionary denials under the Fintiv framework (Vidal Memo) in Patent Trial and Appeal Board (PTAB)...more

Perkins Coie

The Shape of the Season: Holiday Insights on Nontraditional Trademarks

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The holiday season puts brands on full display—storefronts glow, packaging pops, and signature sounds and scents fill the air. It is also a great time to consider how nontraditional trademarks might advance your brand’s...more

Katten Muchin Rosenman LLP

Early TM Screening: the EUIPO’s new AI tool for pre-filing trade mark checks

An interesting new development at the European Union Intellectual Property Office (EUIPO): the launch of what they describe as a new AI-based “Early Screening Tool” that provides a quick, automated indication of potential...more

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