(Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured)
Practical IP Lessons From the Field Part One: Protecting Innovation in Oil & Gas - Energy Law Insights
We get Privacy for work — Episode 12: Managing Competing Priorities: Data Breach Notification Laws and Trade Secrets
Strategies for Mitigating Data Center Development Delays - Data Centers Series
The Briefing: Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions
(Podcast) The Briefing: Soup for Change - Campbell’s Sues a Congressional Candidate
SkadBytes Podcast | Apply AI, the EU AI Act and What Comes Next
The Briefing – Soup for Change: Campbell’s Sues a Congressional Candidate
The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
From Stairway to Sailing: Can Trade Dress Protect Iconic Guitar Designs? — No Infringement Intended Podcast
(Podcast) The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
USPTO Proposes New Rules to Limit Multiple Validity Challenges — Patents: Post-Grant Podcast
JONES DAY TALKS®: Protecting the Crown Jewels: IP Due Diligence in Venture Capital Financings
When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital Frontier — The Crypto Exchange Podcast
(Podcast) The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
The Briefing: Protecting Fictional Characters – Copyright and Trademark Strategies
Top Employment Insights: 44th Annual Workforce Management Briefing - #WorkforceWednesday® - Employment Law This Week®
(Podcast) The Briefing: Protecting Fictional Characters – Copyright and Trademark Strategies
The Briefing: The Nirvana Baby Lawsuit – A Win for Nirvana
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
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
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
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
In October 2025, the FDA released a revised guidance titled, “Expanded Access to Investigational Drugs for Treatment Use—Questions and Answers.” The document updates prior interpretations of 21 C.F.R. Part 312, Subpart I,...more
As the use of generative artificial intelligence (GenAI) proliferates, customers and vendors face unique challenges in contract negotiations. This post discusses these challenges, offering viewpoints from both perspectives....more
Key Takeaways: Practical impact. Lower, more flexible threshold likely makes it easier to establish human inventorship on AI-assisted applications....more
FDA recently issued a new draft guidance titled Scientific Considerations in Demonstrating Biosimilarity to a Reference Product: Updated Recommendations for Assessing the Need for Comparative Efficacy Studies, which proposes...more
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more
The Canadian patent system provides multiple post-grant administrative procedures that allow patentees and third parties to challenge or amend Canadian patents without requiring legal proceedings before the courts. While...more
Shortly before President Trump issued Executive Order 14363, titled “Launching the Genesis Mission,” a “national effort to unleash a new age of AI‑accelerated innovation and discovery,” the U.S. Patent and Trademark Office...more
District courts are split on whether a complaint can provide the required knowledge for post-suit indirect and willful infringement in that same lawsuit. Chief Judge Connolly in the District of Delaware recently confirmed...more
President Trump’s Executive Order 14363, titled “Launching the Genesis Mission," outlines a potentially transformative national effort to turbocharge artificial intelligence growth to win the technological “cold war” over AI...more
Kilpatrick’s Chris Bussert recently joined a panel discussing “Ethical Considerations in IP Investigations: Balancing Effectiveness and Integrity” at the 2025 INTA Leadership Meeting. The panel examined ethical challenges...more
On November 24, 2025, the U.S. District Court for the District of New Jersey entered a Consent Judgment and Injunction resolving the denosumab BPCIA litigation between Amgen, Inc. and Amgen Manufacturing Limited (“Amgen”),...more
DUKE UNIVERSITY, ALLERGAN SALES, LLC v. SANDOZ INC. [OPINION] (2024-2078, 11/18/2025) (Dyk, Stoll, Stark) - Stark, J. The Federal Circuit found a patent claim invalid because the patent lacked written description support...more
Extended reality is a broad term used to describe immersive technologies, which are software and applications that create immersive environments that merge computer-generated, digital content with the actual contours of our...more
Imagine this scenario: a longtime patient at an ENT practice decides to leave the traffic and sprawl of a major metropolitan area for a more idyllic, rural existence elsewhere in the state....more
The US Court of Appeals for the Federal Circuit affirmed attorneys’ fees awards against EscapeX IP, LLC, finding the case “exceptional” under 35 U.S.C. § 285, and upheld sanctions under 28 U.S.C. § 1927 based on counsel’s...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment of invalidity and grant of summary judgment of noninfringement, concluding that even if excluded portions of expert testimony were...more
On November 19, 2025, the European Commission published a package of legislative proposals known as the "Digital Omnibus." Designed to introduce flexibility into the EU's digital regulatory framework, the proposal aims to...more
On October 27, 2025, the Tribunal administratif du Québec (TAQ) rendered a decision1 setting aside an order of the Office québécois de la langue française (OQLF) ordering Groupe Swatch (Canada) Ltée (Groupe Swatch) to add a...more
This article explores how AI is allowing rights holders and sponsors to deploy innovative solutions to engage with their audiences, and how innovation in this space also raises new commercial and legal questions around data...more
On February 13, 2024, then-USPTO Director Vidal issued inventorship guidance for AI-assisted inventions; on November 28, 2025, new USPTO Director Squires revoked and replaced it. But both the earlier guidance and current...more
In October 2025, the U.S. Patent and Trademark Office (USPTO) launched the “Artificial Intelligence Search Automated Pilot Program,” or ASAP!, an initiative to identify potential prior art using artificial intelligence (AI)...more