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

USPTO Expands PTAB Discretion to U.S. Manufacturing and Small Business

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Key Takeaways - The USPTO has formally expanded its discretionary framework. As of March 11, the Director will consider U.S. manufacturing footprint and small business status when deciding whether to institute IPR and PGR...more

Arnall Golden Gregory LLP

What’s New Pussycat? FDA Assists Drug Sponsors Requesting New Clinical Investigation Exclusivity

Key Takeaways - FDA explains what must be “new” to qualify for three years of non-patent market exclusivity. In a new draft Q&A guidance, FDA walks sponsors through what makes a clinical investigation “new,” how to support...more

Baker Donelson

Is AI-Generated Content a Protectible Asset?

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Recent widespread adoption of generative artificial intelligence (GAI) tools has introduced a fundamental legal question: what cognizable right, if any, attaches to content produced by an AI system? As AI-generated text,...more

Dinsmore & Shohl LLP

Patent Claim Language May Imply a Required Order of Steps

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In recently decided Sound View Innovations, LLC v. Hulu, LLC, (“Sound View”), the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court holding that Sound View Innovations’ patent (the ‘213 patent)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits

One of the beneficial characteristics of the response to the COVID -19 pandemic were pledges from companies involved in developing vaccines (such as Moderna, Pfizer, BioNTech, and others) not to enforce patents on relevant...more

Hicks Johnson

The Supreme Court Declines to Answer AI’s Authorship Question—For Now

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On March 2, 2026, the U.S. Supreme Court denied certiorari in Thaler v. Perlmutter, ending—at least for the moment—the most prominent effort to secure copyright protection for works created entirely by artificial...more

Fish & Richardson

USPTO Adds New Discretionary Denial Factors for IPR and PGR

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When determining whether to institute inter partes review (IPR) and post-grant review (PGR) proceedings, the U.S. Patent and Trademark Office (USPTO) will now consider the parties’ size and investments in manufacturing...more

Akin Gump Strauss Hauer & Feld LLP

Failure to Meet Plausibility Requirement Dooms Patent Infringement Complaint Notwithstanding Simplicity of Technology at Issue

The Northern District of Illinois recently dismissed a complaint without prejudice for failing to plausibly allege patent infringement. The court found that the allegations of direct infringement were insufficiently pled...more

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

The USPTO Unchains Digital Designs

On March 13, 2026, the U.S. Patent and Trademark Office (USPTO) will issue supplemental examination guidance significantly expanding and clarifying design patent protection for computer‑generated interfaces and icons,...more

McDermott Will & Schulte

Good-faith investigation defeats preindictment delay challenge

Addressing the constitutional limits of preindictment delay in a trade secret and wire fraud prosecution arising from alleged misuse of proprietary unemployment insurance software, the US Court of Appeals for the Fourth...more

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

USPTO Announces New Discretionary Institution Factors Focused on U.S. Manufacturing and Small Business Use of AIA Proceedings

On March 11, 2026, the USPTO issued a new Director Memorandum introducing additional factors the Director will consider when deciding whether to institute inter partes review (“IPR”) and post‑grant review (“PGR”) proceedings....more

McDermott Will & Schulte

Coiled in controversy: Summary judgment on Walker Process claim unwound

The US Court of Appeals for the Federal Circuit vacated a district court’s grant of summary judgment on inequitable conduct and a Walker Process antitrust claim arising from allegations that a patent owner withheld material...more

Axinn, Veltrop & Harkrider LLP

Squires Again Broadens Discretion for Post-Grant Proceedings

On Wednesday, March 11, 2026, United States Patent and Trademark Office (USPTO) Director John Squires issued a memorandum announcing that when making institution decisions in inter partes review (IPR) and post-grant review...more

Husch Blackwell LLP

3 Things Every Business Must Know About AI — Before It Is Too Late

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Everyone is talking about AI, but not everyone understands what AI is. AI, or artificial intelligence, refers to technology that enables machines to perform tasks that traditionally required human thinking—things like...more

Jones Day

Chief Judge Signals Changes May Be Coming for the Ordinary Observer Test

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On February 2, 2026, a split Federal Circuit panel affirmed summary judgment of no design-patent infringement issued by a Maine federal court. Range of Motion Prods., LLC v. Armaid Co. Inc., No. 2023-2427, 2026 WL 261890...more

Seyfarth Shaw LLP

Champagne Wishes and Caviar Dreams – Can Two CAVIAR Marks for Jewelry Coexist?

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A Boston-based jewelry company, with a storefront steps away from Seyfarth’s Boston offices, is at the center of a trademark dispute that is all too familiar. In Lagos, Inc. v. Coastal Caviar, LLC, Case No. 2:26‑cv‑00447...more

WilmerHale

Federal Circuit Patent Watch: Reasonable Royalty Not Necessarily Unreliable When It Uses Royalty Base Associated With Unaccused...

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Precedential and Key Federal Circuit Opinions - GLOBAL TUBING LLC v. TENARIS COILED TUBES LLC [OPINION] (2023-1882, 2023-1883, 2/26/2026) (Taranto, Hughes, and Stark) - Stark, J. The Court vacated and remanded the...more

A&O Shearman

Getting Ready For The EU Pharma Package: Key Changes To Regulatory Exclusivities, Orphan Medicinal Products And The “Bolar”...

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After the Council and the European Parliament have reached an agreement in the trilogue negotiations on the so-called Pharma Package in December 2025, the texts of the provisional agreement (comprising a new regulation and a...more

Womble Bond Dickinson

Functional Or Ornamental? An Accused Infringer’s Cited Prior Art May Narrow Design Patent Claim Scope

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A design patent may include only one claim and it “shall be in formal terms to the ornamental design for the article.” But the scope of the claimed design must be construed in order to identify those ornamental, or...more

Kilpatrick

CNIPA Tightens Examination on Same-Day Dual Filings

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Following the implementation of the revised Chinese Patent Examination Guidelines on January 1, 2026, the CNIPA has adopted a significantly stricter approach to “same-day dual filings” of invention and utility model...more

Weintraub Tobin

The Briefing: No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement

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What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a...more

Knobbe Martens

USPTO Joins DOJ in Supporting Permanent Injunctions for NPEs

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The U.S. Patent and Trademark Office doubles down on its current pro-patentee stance by filing a statement of interest in district court, arguing that permanent injunctions should be available to non-practicing entities....more

BakerHostetler

Manufacturing Matters: The USPTO’s New Discretionary Institution Factors

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USPTO institution decisions are no longer just about prior art. Over the past year, the Director has steadily expanded discretionary institution analysis to account for broader policy considerations, and the latest change...more

Brooks Kushman P.C.

VR Images, AR Images, Projections, and Holograms are Now Patentable Designs at the USPTO

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The United States Patent and Trademark Office (USPTO) published Supplemental Guidance for Examination of Design Patent Applications Related to Computer‑Generated Interfaces and Icons in the Federal Register that are effective...more

Pillsbury - Propel

I Am Leaving My Company—How Do I Keep Them from Suing Me and My Next Employer?

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Leaving a job can feel uncertain: you want a clean exit, but you also don’t want a surprise lawsuit showing up in your inbox the minute your LinkedIn updates or worse, the inbox of the CEO of your new employer. The good news...more

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