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Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies the Importance of Distinguishing Between Functional and Ornamental Features in Design...

The Federal Circuit recently emphasized that patentees must distinguish between functional and ornamental features claimed in design patents or otherwise risk facing a narrowed construction of the patents’ claims....more

Offit Kurman

Using a Private Foundation to Preserve an Artist’s Legacy

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Thoughtful estate planning is essential for artists seeking to ensure the long‑term preservation, management, and presentation of their lifelong work....more

Vorys, Sater, Seymour and Pease LLP

Federal Circuit Affirms Antitrust Liability for Patent Tying in Ingevity Corp. v. BASF Corp.

In Ingevity Corp. v. BASF Corp., the Federal Circuit affirmed a jury verdict finding that Ingevity Corp. (Ingevity) violated antitrust laws by tying licenses to its fuel‑vapor canister patent to purchases of its unpatented...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs

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

Knobbe Martens

Federal Circuit Review | February 2026

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In Range Of Motion Products, LLC v. Armaid Company Inc., Appeal No. 23-2427, the Federal Circuit held that functional aspects of a design must be separated out when analyzing whether an ordinary observer would find two...more

Goodwin

Janssen Files BPCIA Complaint Against Bio-Thera and Accord Related to Golimumab Biosimilar

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On March 3, Janssen Biotech, Inc. and Janssen Sciences Ireland UC (collectively, “Janssen”) filed a BPCIA complaint in the U.S. District Court for the District of Delaware against Accord BioPharma, Inc. and Bio-Thera...more

Morgan Lewis - As Prescribed

The Impact of the EU Pharma Package on the UK

As readers will be aware, at the end of 2025, the EU institutions agreed the text of the EU Pharma Package: the wholesale change to the pharmaceutical regime in the EU that has been debated for many years. The changes...more

Morgan Lewis

US Supreme Court Declines to Consider Whether AI Alone Can Create Copyrighted Works

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The US Supreme Court has declined to consider the copyrightability of artwork generated purely autonomously by artificial intelligence, leaving in place the “human authorship requirement” for copyright protection. In this...more

Seyfarth Shaw LLP

AI Update: SCOTUS Declines Review in Thaler Case

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The U.S. Supreme Court has declined to hear Dr. Stephen Thaler’s appeal seeking copyright protection for his AI‑generated artwork A Recent Entrance to Paradise. The decision allows to stand the long series of administrative...more

Fox Rothschild LLP

Large Entity, Small Entity or Micro Entity: Which Type of Patent Applicant Are You?

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When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 60%. Applicants who are micro entities can...more

Loeb & Loeb LLP

StudioFest LLC v. William Morris Endeavor Entertainment, LLC, et al.

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District court denies WME’s, Dave Franco’s and Alison Brie’s motion to dismiss copyright infringement suit claiming that their film Together copied StudioFest’s screenplay Better Half, finding that Together and Better...more

Weintraub Tobin

The Briefing: Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?

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Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Target Acquired, Protein Deleted: The Next Frontier in Precision Medicine and IP Strategy – March 2026 Update

Targeted protein degradation (TPD) has moved from promising concept to near-commercial reality in under a decade. By hijacking the cell’s ubiquitin-proteasome system, TPD therapies eliminate disease-driving proteins entirely...more

Foley & Lardner LLP

Trademarks and Copyrights at the 2026 Milano Cortina Olympic Winter Games

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The Winter Games often bring a global audience in the billions. This large viewership underscores why everything viewers see on screen between graphics, music, uniforms, gear, and logos, carries real commercial value....more

Alston & Bird

Patent Case Summaries | Week Ending February 27, 2026

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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

Oberheiden P.C.

When Can (and Should) Companies Sue for False Advertising?

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Companies can sue for false advertising in various circumstances. If your company is facing revenue losses due to a competitor’s false or misleading statements or omissions in its advertisements, it will be worth ensuring...more

Fenwick & West LLP

AI NPCs, Player Prompts & Platform Liability: Where Studios Get Exposed

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Generative AI is revolutionizing narrative design in games, turning every player into a co-author. But the same improvisation that makes AI NPCs so engaging also opens up new legal and platform risks. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)

If we have learned anything from the last twelve years of patent eligibility jurisprudence, it is that the Federal Circuit continues to find new ways to disappoint.  The Federal Circuit’s recent nonprecedential decision in...more

Knobbe Martens

Litigation Update | February 2026

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Result-oriented claims were found ineligible under 35 U.S.C ? 101 because the claims did not describe how the claimed results were achieved or how they embodied any specific technological improvement....more

McDermott Will & Schulte

Tree-mendous award: Damages expert royalty opinions are lit

The US Court of Appeals for the Federal Circuit affirmed a damages verdict amounting to tens of millions of dollars. The Court found that the patentee’s damages expert correctly apportioned value to the patented feature and...more

Erise IP

Co-Branding is Off to the Races in Formula 1's 2026 Season

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Welcome to Erise’s new Trademarks and our Favorite Sports Quarterly (we’re workshopping the name) and it’s the first Grand Prix week of 2026 for FORMULA 1TM fans! And, for those of us trademark and legal nerds, there is no...more

McDermott Will & Schulte

Did you account for the entire corresponding disclosed structure?

The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of noninfringement of a means-plus-function claim element, emphasizing that a patentee must compare the accused product...more

Husch Blackwell LLP

Data and Research Rights: Structuring Around Institutional Control

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Introduction- MedTech startups often validate their technology with academic partners. That makes sense as academic medical centers and research institutions offer what few partners can: sophisticated equipment, leading...more

McDermott Will & Schulte

Manufactured host cells markedly different from naturally occurring cells may be patent eligible

Addressing subject matter eligibility in the life sciences context, the US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling that certain claims directed to genetically engineered...more

Knobbe Martens

Trademark & Brand Protection Update | February 2026

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While the UDRP can be a fast and cost effective way to recover domain names registered in clear bad faith, it may not succeed in disputes involving legitimate competing rights, complex business relationships, or unresolved...more

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