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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Memoranda on Subject Matter Eligibility

Late last week, the U.S. Patent and Trademark Office (USPTO) published three memos addressing its latest policies regarding subject matter eligibility. These included “Subject Matter Eligibility Declarations” from Director...more

Venable LLP

Prolia® / Xgeva® Biosimilar Updates: FDA Approves Accord’s Osvyrti® / Jubereq®, Amgen and Hikma Settle BPCIA Litigation

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On November 20, 2025, the FDA approved Accord’s Osvyrti® and Jubereq® (denosumab-desu), biosimilars of Amgen’s Prolia® / Xgeva® (denosumab). ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: In Re: Gesture Technology Partners, LLC

In Re: Gesture Technology Partners, LLC, Appeal No. 2025-1075 (Fed. Cir. Dec. 1, 2025) - In our Case of the Week, the Federal Circuit affirmed the denial of a motion to terminate ex parte reexamination proceedings on a...more

Venable LLP

ToolGen Files Complaint Against Vertex Concerning Gene Therapy Casgevy®

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On November 18, 2025, ToolGen, Inc. (“ToolGen”) filed a complaint (“Complaint”) in the District of Massachusetts alleging infringement of its U.S. Patent No. 12,473,559 (“the ’559 patent”) by Vertex Pharmaceuticals and...more

Morrison & Foerster LLP

USPTO Puts Subject Matter Eligibility Declarations in the Spotlight

On December 4, 2025, U.S. Patent and Trademark Office (USPTO) Director John Squires issued two memoranda addressing subject matter eligibility and spotlighting an additional pathway to overcome a rejection under 35 U.S.C. §...more

MoFo Life Sciences

Europe’s New Genomic Techniques: Patent Ban Off the Table

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On 4 December 2025, the Council of the European Union and the European Parliament reached a provisional agreement on a comprehensive framework for New Genomic Techniques (NGTs). The deal modernises EU agrifood rules and...more

Venable LLP

Sarepta Files Two IPRs Against Genzyme’s Patents Related to Gene Therapy Elevidys®

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On November 25, 2025, Sarepta Therapeutics filed two petitions for inter partes review (“IPR”) challenging Genzyme’s patents relating to the characterization of recombinant adeno-associated virus (rAAV) vector preparations....more

Ice Miller

Ex Parte Reexamination Keeps Looking Like a Better Post-Grant Option for Patent Defendants

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The Federal Circuit recently made ex parte reexamination proceedings more attractive for those accused of patent infringement. The Court’s decision in In re Gesture Technology Partners, LLC, No. 2025-1075 (Fed. Cir. Dec. 1,...more

Cooley LLP

Diligence Efforts in Life Sciences Transactions

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In complex commercial agreements, parties are often required to use a specified level of “effort” when performing their obligations. But what distinguishes “best efforts,” “commercially reasonable efforts” or “good faith...more

White & Case LLP

The Federal Circuit Reinforces Stringent Written Description Requirement

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On November 18, 2025, in Duke University v. Sandoz Inc. (No. 24-1078), the U.S. Court of Appeals for the Federal Circuit reversed a District of Colorado judgment and overturned $39 million of damages awarded by a jury,...more

Foster Swift Collins & Smith

Patent Protection and Profitability: What Can Large Companies Teach Small Businesses?

While larger companies typically dominate patent filings, if you’re a small or mid-size business, understanding how these giants use patents can offer valuable insights for shaping your own Intellectual Property (IP)...more

McCarter & English Blog: Government Contracts...

The Drumbeat of Progress: DOD’s Acquisition Transformation Strategy

Drumroll, please. On November 7, 2025, the Department of Defense (DoD) released three memoranda signaling changes to its approach to procurement and Foreign Military Sales/Direct Commercial Sales in the years to come:...more

A&O Shearman

Patents And Politics: Is The U.S. In An “America First” Patent Regime?

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As Donald J. Trump was sworn in as the 47th president of the United States on January 20, 2025, he declared, “From this day forward, our country will flourish and be respected again all over the world. We will be the envy of...more

Loeb & Loeb LLP

In re OpenAI, Inc., Copyright Infringement Litigation

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Finding that OpenAI waived attorney-client privilege in multidistrict litigation over copyright infringement claims, district court grants plaintiffs’ motion to compel OpenAI to produce communications with in-house counsel...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – The New York Times and Chicago Tribune sue Perplexity AI over copyright infringement, state-level AI preemption...

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

Benesch

Fighting AI and Deepfake Misuse in Music

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The music industry is undergoing seismic shifts with artificial intelligence (AI) redefining how content is created, shared, and consumed. While AI offers exciting possibilities such as personalized playlists and virtual...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - December 2025

A Call Your Mother trademark complaint, passage of a bill on whole milk in school lunches, a scientific research series on ultra-processed foods, and more....more

Patterson Belknap Webb & Tyler LLP

Naughty or Nice? Judge Figueredo Finds Inequitable Conduct in Revival Petition

On November 21, 2025, United States Magistrate Judge Valerie Figueredo recommended that the Court conclude that Plaintiff Sholem Weisner’s conduct in “reviving the ’165 patent constituted inequitable conduct” because, inter...more

Alston & Bird

Patent Case Summaries | Week Ending November 28, 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

Ice Miller

Ten Ways to Lose Big in IP Agreements

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Intellectual property (IP) agreements are the backbone of innovation and business strategy. They govern ownership, licensing, and enforcement of valuable intangible assets....more

Fish & Richardson

USPTO Urges Separate Filing of Subject Matter Eligibility Declarations

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The United States Patent and Trademark Office (USPTO) has issued new guidance reminding patent applicants and patent examiners of best practices for submission and evaluation of subject matter eligibility declarations (SMEDs)...more

Jones Day

USPTO Revises Guidance on AI-Assisted Inventorship

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New guidance rescinds Biden-era guidance from February 2024 and signals a pro-patent, pro-AI landscape. On November 28, 2025, the United States Patent and Trademark Office ("USPTO") published revised guidance on...more

A&O Shearman

UPC: CE Marking For A Medical Device As A Trigger For “Imminent Infringement”, Refining The Standard On Imminence, Urgency, And...

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The UPC has granted a preliminary injunction effective for Germany, France, Italy, the Netherlands and Ireland against a Chinese medical device manufacturer and its Dutch subsidiary over the infringement of a patent for...more

ArentFox Schiff

Plant-Based, High Stakes: Beyond Meat’s $39 Million Slogan Setback

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A federal jury in Massachusetts ordered Beyond Meat, Inc. to pay $38.9 million to Sonate Corp. d/b/a Vegadelphia Foods for willful trademark infringement tied to slogans used in national advertising for meat-free products....more

Herbert Smith Freehills Kramer

What Does Transparency For AI Generated Content Look Like in Practice - an Australian take

Picture this: your next amazing blog post is locked and ready for publication – and you’re ahead of schedule thanks to time saved through use of AI. You know you should be ‘transparent’ about that use, but how do you actually...more

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