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

Fifth Circuit Holds No Immunity for Attorney Fraud, Vacates Damages Over Missing Analysis, and Flags Seventh Amendment Jury Trial...

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Lewis Brisbois v. Bitgood et al., No. 24-20458 (5th Cir. 2025) - In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense,...more

Seyfarth Shaw LLP

Dr. Thaler Is Right, in Part

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When Dr. Stephen Thaler asked the U.S. Supreme Court to reconsider the human authorship requirement for copyright protection last month, many observers dismissed the effort. Thaler’s claim—that his generative AI system should...more

Foster Swift Collins & Smith

When the Dough Rises Too Close to Home - A Hypothetical Trademark Story

The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information...more

PilieroMazza PLLC

Warfighting at Warp Speed: Why Defense Contractors Must Track the Department of War’s Acquisition Overhaul

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The Secretary of War Pete Hegseth announced on November 7, 2025, that the U.S. Department of War (DOW) is dropping a game-changing memo: “Transforming the Warfighting Acquisition System to Accelerate Fielding of...more

Loeb & Loeb LLP

In Re OpenAI Inc., Copyright Infringement Litigation

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District court denies motion to dismiss plaintiffs’ claim of direct copyright infringement based on AI outputs, holding that plaintiffs adequately pled that defendant OpenAI actually copied plaintiffs’ text and that...more

Polsinelli

Federal Circuit Denies Challenges to USPTO Director’s Discretionary Denial Decisions

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Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more

Mayer Brown

Scaling a Business Through Strategic IP Partnerships and Brand Licensing

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I. INTRODUCTION - Brand license agreements can drive business growth and brand recognition. By granting rights to use, develop, and commercialize technology and other IP (such as trademarks), license agreements enable...more

Alston & Bird

Patent Case Summaries | Week Ending October 31, 2025

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Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, -1211 (Fed. Cir. (P.T.A.B.) Oct. 30, 2025). Opinion by Linn, joined by Hughes and Cunningham. Merck owns two patents directed to methods of treating...more

Jenner & Block

The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution

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The Federal Circuit Court of Appeals’ recent decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc., No. 2023-1446 (Fed. Cir. Sept. 30, 2025) reversed summary judgment of infringement on two patents and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Aortic Innovations LLC v. Edwards Lifesciences Corp. (Fed. Cir. 2025)

In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp....more

Smart & Biggar

Exemplary or optional elements in Canadian patent claims

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With the advent of claim fees in 2022, applicants must now limit the number of claims in their Canadian patent applications to avoid government fees. While cancelling claims (particularly dependent claims) is the simplest...more

Goodwin

Amgen Files BPCIA Complaints Against Dr. Reddy’s/Alvotech and Amneal Regarding Denosumab Biosimilars

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On November 6, 2025, Amgen, Inc. (“Amgen”) launched a new round of BPCIA denosumab litigations when it filed two cases in the U.S. District Court for the District of New Jersey, one against Dr. Reddy’s Laboratories (“Dr....more

Fish & Richardson

Standard Essential Patents: Life Cycle Overview

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Technologies such as Wi-Fi, 5G and 4G LTE, and high-fidelity video streaming are ubiquitous in modern products. In fact, a huge portion of everyday technologies is based on technical standards like these, and that portion is...more

Jones Day

UK Court of Appeal Upholds Invalidation of Adidas' "Three Stripe" Position Marks

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The court has reminded brand owners that position trade marks must comprise a single identifiable sign, and cannot be left open-ended by broad written descriptions. Fashion brand Thom Browne applied for declarations of...more

Kilpatrick

Patent Office Appeals Review Decision Suggests Policy Shift Toward Broader Eligibility For Ai-Related Patent Applications...

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Recently, the USPTO published a rare Appeals Review Panel (ARP) decision in Ex parte Desjardins, Appeal 2024-000567, September 26, 2025 (“ARP Decision”), that reversed a finding of ineligible subject matter in a patent...more

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

FDA Proposes Sweeping Changes to Accelerate Biosimilar Development

On October 29, 2025, the U.S. Food and Drug Administration (FDA), in coordination with the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS), announced a new strategy aimed...more

Venable LLP

Key Considerations for Drafting and Negotiating Data Licensing Agreements

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Smart & Biggar

Canadian-inspired branding: what’s it all mean, eh?

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“Maple washing” and “maple glazing” are buzzwords gaining traction online and in the news, reflecting a rise in Canadian-inspired marketing of a wide variety of goods and services across the country....more

McDonnell Boehnen Hulbert & Berghoff LLP

Lip-Sync for Your Rights: Recent Developments in Trademark Law and LGBTQ+ Performance Art

Drag is a form of performance art in which individuals use clothing, makeup, and exaggerated mannerisms to express and perform aspects of gender identity, often through parody, glamor, or camp. It can take many forms—from...more

Knobbe Martens

Aerospace IP Strategy in View of Recent U.S. Patent Office Updates

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Aerospace technology companies often decide between patenting an innovation or keeping it as a trade secret. Typically, the analysis involves comparing the potential strength of patent protection that is likely to result. If...more

BakerHostetler

The Federal Circuit Will Not Disrupt the USPTO’s New Era of Discretionary Denials

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In a trio of rulings on Nov. 6, 2025, the Federal Circuit delivered a clear message: discretionary denial of Inter Partes Review (IPR) petitions is unreviewable on appeal. The court will not interfere with the U.S. Patent and...more

McDermott Will & Schulte

PC Court of Appeal significantly narrows directors’ personal liability for patent infringement

On October 3, 2025, in its decision in Philips v. Belkin (UPC_CoA_534/2024, UPC_CoA_19/2025, UPC_CoA_683/2024), the Court of Appeal (CoA) of the Unified Patent Court (UPC) addressed for the first time the circumstances under...more

IMS Legal Strategies

Bridging the Gap Between Brief and Bench: Graphics in Markman Hearings

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Whether you are a veteran partner or a first-year associate, preparing for a Markman hearing can be stressful. You may be done filing the briefs, but you have other things to contend with, such as refining the arguments,...more

Foley & Lardner LLP

Three Trends That Will Define AI in 2026

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Share on LinkedIn Share on Twitter Share by Email Share Back to top There has been a great deal of discussion surrounding the current artificial intelligence (AI) boom, as well as the potential for a bust reminiscent of the...more

Mintz - Health Care Viewpoints

Can You Keep a Secret? The Trade Secret Tightrope in FDA-Regulated MedTech

Trade secrets are a critical tool for protecting medical technology innovations. To that end, a robust trade secret management program is essential for safeguarding these valuable assets. To be effective in today’s legal...more

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