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Seyfarth Shaw LLP

Your Patent Is in Trouble When Borat Is Cited as Prior Art

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Patent attorneys spend a lot of time explaining two deceptively simple concepts: novelty and obviousness. Both rise and fall on one thing: prior art. Most inventors assume prior art means a patent or some obscure technical...more

McNees Wallace & Nurick LLC

Protecting NIL rights through estate planning

Estate planning is often viewed as a process that ends at death, with assets transferred and administration completed through probate or trust administration. For many forms of intellectual property, however, that view is...more

Blank Rome LLP

Blank Rome Appellate Insights – Winning on Appeal: March 2026

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Welcome to Blank Rome Appellate Insights: Winning on Appeal, a newsletter dedicated to keeping you informed about the latest developments in appellate law. Each issue will provide thought leadership from our appellate...more

Baker Donelson

Supreme Court Denies Certiorari in Thaler v. Perlmutter: AI Cannot Be an Author Under the Copyright Act

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The Supreme Court of the United States on March 2, 2026, denied certiorari in Thaler v. Perlmutter, leaving intact the D.C. Circuit's ruling that the Copyright Act requires copyrightable works to be authored by a human being....more

Kilpatrick

6 Key Takeaways | A Trademark Practitioner’s Guide to Using AI: Guidelines, Use Cases, and Ethical Considerations

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Kilpatrick’s Betsy Bengtson, Darin Brown, and Andrea LaFrance recently presented “A Trademark Practitioner’s Guide to Using AI: Guidelines, Use Cases, and Ethical Considerations” during the firm’s annual “SKI-LE” in...more

Blank Rome LLP

Federal Circuit Affirms Summary Judgment for Sony in $500 Million PlayStation Patent Dispute: Lessons from a Deficient Expert...

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In Genuine Enabling Technology LLC v. Sony Group Corporation, decided February 19, 2026, the United States Court of Appeals for Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement: a...more

A&O Shearman

DOJ And USPTO Urge Courts To Consider Injunctions For Non‑Practicing Patentees Under eBay; Emphasize Irreparable Harm And The...

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On February 27, 2026, the U.S. Department of Justice’s Antitrust Division and the U.S. Patent and Trademark Office filed a Statement of Interest in Collision Communications, Inc. v. Samsung Electronics Co., Ltd., pending in...more

Dinsmore & Shohl LLP

Natural Language Processing Patent Invalidated as Subject Matter Ineligible

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The Federal Circuit has issued a nonprecedential decision in Rensselaer Polytechnic Institute, CF Dynamic Advances LLC v. Amazon.com, Inc., relating to U.S. Patent No. 7,177,798 (the “798 patent”) to Rensselaer Polytechnic...more

K&L Gates LLP

US Design Patents and ITC Enforcement: Are Design Patents the Most Interesting Intellectual Property Asset in ITC Investigations?

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A recent final determination in Investigation No. 337-TA-1400 issued by the US International Trade Commission (ITC) may have some clients saying, “I don’t always seek ITC enforcement. But when I do, I prefer to include a...more

K&L Gates LLP

Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses are Not Enforceable in Australia

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The Federal Court of Australia has delivered a landmark decision in McCallum v Projector Films, finding that general moral rights waivers for copyright works are not enforceable. The decision follows an urgent...more

Morgan Lewis

Blockbuster Biologics Review | Issue 30

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Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act...more

Greenberg Glusker LLP

[Webinar] CLE Last Dash | AI Meets IP 2.0: The 2026 Legal Map for Generative Content - March 25th, 2:00 pm - 3:00 pm PT

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Generative AI is now embedded in development, marketing, post, and distribution—but the legal rules are still being written in real time. This program surveys the 2026 battleground issues: copyright (training vs. outputs),...more

Fisher Phillips

Court Upholds California AI Transparency Law, Rejecting X.AI’s Trade Secret Defense: 5 Action Steps for Employers

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A California federal court denied Elon Musk’s X.AI request to block enforcement of the state’s AI training data transparency law, rejecting the company’s claims that the disclosure requirements would destroy trade secrets and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Moderna Settles Patent Litigation with Arbutus et al.

A consequence of the gradual decline in COVID infections worldwide has been a less gradual increase in patent litigation by the many entities having patent rights for the vaccines or components of them.  This is particularly...more

Mayer Brown

Supreme Court Denies Review in AI Authorship Case

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In a closely watched case regarding copyright protection for AI-created works, on March 2, 2026, the Supreme Court of the United States declined to grant review in Thaler v. Perlmutter (Case No. 25-449). In denying...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2026 #2

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A Florida appellate panel on Friday blocked a lower court's temporary injunction giving an extra year of eligibility for a college basketball player, ruling in a split opinion that the order's findings weren't sufficient to...more

Fish & Richardson

Biologics and Biosimilars Landscape 2025: IP, Policy, and Market Developments

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In Fish & Richardson’s 2025 biologics and biosimilars review, we cover Food and Drug Administration (FDA) approvals, new biosimilar launches, Biologics Price Competition and Innovation Act (BPCIA) litigation and other...more

Holland & Knight LLP

N.D. California: Accent Translation Patents Survive Section 101 Patent Eligibility Attack

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In Sanas.AI Inc. v. Krisp Technologies, Inc., Chief Judge Richard Seeborg of the U.S. District Court for the Northern District of California denied Krisp's Rule 12(c) motion challenging five Sanas patents on accent...more

Venable LLP

Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - March 2026

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Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

DLA Piper

Dusome v Canada: What The Federal Court Decision Means For Patentable Subject Matter

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In Dusome v. Canada (Attorney General), 2025 FC 1809, the Federal Court reviewed the Commissioner of Patents' decision refusing to grant Canadian Patent Application Number 2,701,028 on the basis that it was a “mere scientific...more

Axinn, Veltrop & Harkrider LLP

Back to the Well: FDA’s Draft Guidance on New Clinical Investigation Exclusivity

FDA recently published a new draft Guidance for Industry titled “New Clinical Investigation Exclusivity (3-Year Exclusivity) for Drug Products: Questions and Answers” (Mar. 2026) (the “Draft Guidance”). The Draft Guidance...more

Vorys, Sater, Seymour and Pease LLP

The Rise of Trade Secret Litigation: Are You Prepared to Stop Your Trade Secrets from Walking Out the Door? (Part Two)

Part one of this series highlighted the historic high that trade secret litigation hit in 2025 with more than 1,550 cases filed in courts across the United States and suggested proactive, common-sense steps that businesses...more

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

Resurgence of Stellarators and Impact on IP

Fusion power can potentially provide the world with safe, clean, and renewable power. As recent advances in superconducting magnet fabrication and AI-enabled field optimization propel stellarators from academic endeavors...more

Knobbe Martens

Proposed UAH-ASKA Agreement for Drive-And-Fly Aircraft: IP Ownership Issues in Joint Development and Public-Private Partnerships

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The University of Alabama in Huntsville (UAH) and aerospace company ASKA have agreed to explore collaboration on a drive-and-fly aircraft. The proposed joint development exemplifies the need for careful consideration of...more

Knobbe Martens

Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?

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A case currently before the Trademark Trial and Appeal Board (“TTAB”) has the potential to significantly widen the scope of trademark dilution protection by allowing companies to point to past success as evidence of current...more

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