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

Inside a $175M Deal: Tim McLoughlin & Joshua Hayes Live From RDU Startup Week

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What does it take to guide a company from early investment to a major private equity transaction? In this special Founder Shares live episode, recorded at Raleigh-Durham Startup Week, Tim McLoughlin of CoFounders Capital...more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

Troutman Pepper Locke

The Top Five Challenges of Pursuing Litigation at the ITC

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Patent litigation at the International Trade Commission (ITC) is characterized by its rapid pace, with proceedings for investigations under 19 U.S.C. § 1337 typically concluding within 15 to 18 months after the filing of the...more

Ervin Cohen & Jessup LLP

Patents Must Describe the “How” - A Reminder That Functional Claims Need Structural Support

On April 30, 2025, the Federal Circuit issued a decision in Fintiv, Inc. v. PayPal Holdings, Inc. (No. 23-2312), issued on April 30, 2025, upholding the invalidation of Finitiv Inc.’s (“Finitiv”) mobile wallet patents related...more

Goodwin

HyClone Seeks to Quash Amgen’s Subpoena Issued in Amgen/Accord Denosumab BPCIA Litigation

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On May 14, 2025, HyClone Laboratories, LLC (“HyClone”) filed a Motion to Quash in the U.S. District Court for the District of Utah, seeking to quash Amgen Inc.’s (“Amgen”) subpoena to HyClone issued in Amgen’s denosumab BPCIA...more

Downs Rachlin Martin PLLC

One Year of LKQ v. GM: How Much Has Really Changed?

One year ago today, the en banc Federal Circuit decided LKQ Corporation v. GM Global Technology Operations LLC, where it overturned the decades-old Rosen-Durling test for obviousness of a design patent for being “improperly...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Provides Clarity on Use of Applicant Admitted Prior Art (“AAPA”) in IPRs

Qualcomm Incorporated v. Apple Inc., No. 23-1208 (Fed. Cir. 2025)—On April 23, 2025, the Federal Circuit reversed the Patent Trial and Appeal Board’s finding that claims of Qualcomm’s U.S. Patent No. 8,063,674 (“the ’674...more

Sheppard Mullin Richter & Hampton LLP

Is it Prior Art? Check the Provisional Application!

This Federal Circuit Opinion analyzed collateral estoppel and the extent to which the non-provisional document would benefit from the provisional application’s priority date, as it relates to Pre-AIA 35 U.S.C. § 102(e)....more

Patterson Belknap Webb & Tyler LLP

Judge Engelmayer Gets a Handle on “BlenderBottle” Patent Claims and Rejects Assertion of Indefiniteness

Judge Paul A. Engelmayer (S.D.N.Y.) recently construed claim terms at issue in a patent litigation between Plaintiffs Trove Brands, LLC, d/b/a The BlenderBottle Company, and Runway Blue, LLC (collectively, “Trove”) and...more

King & Spalding

UK Concludes Free Trade Agreement with India Offering Significant Opportunities

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On 6 May 2025, India and the United Kingdom (“UK”) concluded a free trade agreement (“FTA”) after three years of negotiations. The FTA primarily aims to cut tariffs, boost market access for goods and services, ease customs...more

Sheppard Mullin Richter & Hampton LLP

AI Drives Need for New Open Source Licenses – Linux Publishes the OpenMDW License

For many reasons, existing open source licenses are not a good fit for AI. Simply put, AI involves more than just software and most open source licenses are designed primarily for software. Much work has been done by many...more

Kaufman & Canoles

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

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French cinema icon Gérard Depardieu was convicted of sexually assaulting two women on a film set in Paris in 2021 and handed an 18-month suspended sentence....more

J.S. Held

Tariffs and Trade Series: What Boards of Directors Need to Know

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Boards of directors globally are confronting unknown circumstances as a result of the current quickly shifting tariff and trade environment. Business risks and opportunities are magnified during such times, compelling boards...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: The Regents of the University of California v. The Broad Institute

The Regents of the University of California v. The Broad Institute, Inc., Appeal Nos. 2022-1594, -1653 (Fed. Cir. May 12, 2025) Must an inventor know their invention will work to demonstrate that they “conceived” of it? ...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – U.S. Congress mulls moratorium on state-level AI regulations, U.S. Copyright Office releases report on copyright...

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

Knobbe Martens

How New U.S. Tariffs Could Reshape Patent Litigation in the Medical Device Industry

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As the U.S. imposes sweeping new tariffs on over 180 countries and territories—including a baseline 10% rate and steep increases for China (originally 145%, now reduced to 30% for 90 days) and Taiwan (32%, now reduced to 10%...more

Fish & Richardson

Acting USPTO Director Stewart Issues First Decisions Under Interim Discretionary Denial Process

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On Friday, May 16, the U.S. Patent and Trademark Office (USPTO) issued discretionary denial decisions in the first four matters considered under the USPTO’s new interim workload management process....more

Cooley LLP

The EU AI Act: Key Milestones, Compliance Challenges and the Road Ahead

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The European Union Artificial Intelligence Act (EU AI Act) is rapidly reshaping the regulatory landscape for AI development and deployment, both within Europe and globally. In a recent Cooley webinar, partner Patrick Van...more

Hogan Lovells

EURid celebrates its 19th anniversary

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EURid, the Registry responsible for running the .EU Top Level Domain (TLD), recently posted a publication to celebrate its 19th anniversary and highlight its achievements. EURid was incorporated under Belgian law in April...more

Hogan Lovells

The UK-India free trade agreement – what we know so far

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The UK and India have concluded talks on a free trade agreement. Although the text of the free trade agreement has not been released, the UK Government’s “summary of conclusions“ provides insights regarding the wide range of...more

Hogan Lovells

Mexico has been placed on the U.S. Priority Watch List for Intellectual Property issues in 2025

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The Priority Watch List is a designation used by the United States Trade Representative (USTR) as part of its annual Special 301 Report. This report evaluates every year the state of Intellectual Property (IP) protection and...more

Holland & Knight LLP

Federal Circuit Grounds Aircraft Taxability Patent Under Section 101

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Aviation Capital Partners v. SH Advisors, the U.S. Court of Appeals for the Federal Circuit affirmed the ineligibility of claims directed to determining the taxability status of aircraft based on flight data. The panel upheld...more

Parker Poe Adams & Bernstein LLP

Life Sciences Companies Have New Avenue to Challenge Patent Applications After Federal Court Ruling

Drugmakers and other companies in the life sciences industry seeking to invalidate patents have another arrow in their quiver thanks to a recent federal court decision....more

McDonnell Boehnen Hulbert & Berghoff LLP

The Narrow Pathway to Patent Eligibility in the Federal Circuit

The last 11 years have taught us much about the Federal Circuit; namely, that a majority of the judges simply do not seem to appreciate software. Given the statements that several have made in opinions, one might be able to...more

Haug Partners LLP

The PTAB’s Overhaul of Its Discretionary Denial Procedures Signals a Pro-Patent Pivot

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Since Acting USPTO Director Coke Morgan Stewart took office in 2025, the Patent Trial and Appeal Board (PTAB) has overhauled its discretionary denial procedures for inter partes reviews (IPRs) and post-grant reviews (PGRs)....more

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