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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Robinson+Cole Data Privacy + Security Insider

With Enough Human Contribution, AI-Generated Outputs May Be Copyright Protectable

After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI). This part, entitled “Copyrightability,” focuses on...more

McDermott Will & Emery

Rules Are Rules, Especially in Trademark Proceedings

The Commissioner for Trademarks recently issued a precedential decision terminating a reexamination proceeding for the registrant’s failure to respond within a statutory time period, where there was insufficient justification...more

Faegre Drinker Biddle & Reath LLP

You Can Buy Me Dinner, But Don’t Expect to Choose My Entrée: Motion to Disqualify for Non-Party Litigation Funding Conflicts of...

You can pay for the dinner, but you cannot pick when, where or what we’re eating. At least that’s what a Magistrate Judge in the District of New Jersey decided last week in Harish v. Arbit, No. CV 21-11088-EP-AME, 2025 WL...more

Weintraub Tobin

(Podcast) The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright...

Weintraub Tobin on

A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth...more

Weintraub Tobin

The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation

Weintraub Tobin on

A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth...more

McDermott Will & Emery

Eye-Catching: Biosimilars Injunction Prevails

Addressing a preliminary injunction in patent litigation related to the Biologics Price Competition and Innovation Act (BPCIA), the US Court of Appeals for the Federal Circuit upheld the district court’s grant of a...more

McDermott Will & Emery

Dog Toy Maker in the Doghouse (Again) for Tarnishing Jack Daniel’s Marks

Addressing this case for the third time, the US District Court for the District of Arizona found on remand that Jack Daniel’s was entitled to a permanent injunction after finding that VIP Products’ “Bad Spaniels” dog toy...more

McDermott Will & Emery

Assessing Inputs: Determining AI’s Role in US Intellectual Property Protections

The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and...more

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

Smart & Biggar on

In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more

Womble Bond Dickinson

USPTO’s Proposed Terminal Disclaimer Practice

Womble Bond Dickinson on

On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a new proposed rule that would require when a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that...more

Goodwin

Federal Circuit Affirms Injunction Against Samsung and Formycon in Aflibercept BPCIA Litigation

Goodwin on

On January 29, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the Northern District of West Virginia’s entries of preliminary injunction preventing Samsung Bioepis Co., Ltd....more

Knobbe Martens

Reversal on Reverse Doctrine of Equivalents

Knobbe Martens on

Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument....more

Knobbe Martens

The Patent Trial and Appeal Board Has Jurisdiction Over IPRs Challenging Expired Patents

Knobbe Martens on

Before Lourie, Dyk, and Hughes. Appeals from the United States Patent and Trademark Office. Summary: The Patent Trial and Appeal Board has jurisdiction over IPRs concerning expired patents because the review of such patents...more

Kilpatrick

3 Key Takeaways | Second Circuit Clarifies "Blurry" Issue Between Articulation and Distinctiveness of Trade Dress at Pleading...

Kilpatrick on

On February 6, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Cardinal Motors, Inc. v. H&H Sports Protection USA, Inc., Docket No. 23-7586-cv, wherein the Court clarified a “blurry”...more

Robins Kaplan LLP

Silvergate Pharms., Inc. v. Bionpharma Inc.

Robins Kaplan LLP on

Epaned® (enalapril maleate) - Case Name: Silvergate Pharms., Inc. v. Bionpharma Inc., Civ. Nos. 18-cv-1962, 19-cv-1067, 2024 WL 4417104 (D. Del. Oct. 4, 2024) (Goldberg, J.)  Drug Product and Patent(s)-in-Suit: Epaned®...more

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

CRISPR and Agriculture

Modern gene-editing technology, such as CRISPR/Cas technology, represents a ground-breaking advancement that has transformed our genetic engineering capabilities and has enormous potential for revolutionising medicine, food...more

Jones Day

No Need to Show Reasonable Expectation of Success Regarding Inherent Property

Jones Day on

The Federal Circuit affirmed six PTAB decisions that held unpatentable as obvious 79 claims of three Cytiva Bioprocess (“Cytiva”) challenged patents and reversed the PTAB decision upholding four claims....more

Blake, Cassels & Graydon LLP

Marques de commerce : Des preuves d’emploi désormais exigées sous peine de radiation

Le registraire des marques de commerce (le « registraire ») peut désormais exiger des propriétaires de marques de commerce déposées auprès de l’Office de la propriété intellectuelle du Canada qu’ils présentent des preuves...more

Kilpatrick

6 Key Takeaways | Annual Update on Recent Trademark Case Law

Kilpatrick on

Kilpatrick partner Ted Davis recently presented his “Annual Update on Recent Trademark Case Law” at the firm’s 2025 Advanced Trademark Law Seminar in San Francisco....more

Harris Beach Murtha PLLC

USPTO Filing Fee Changes

New fees affecting trademarks and patents have taken effect at the United States Patent and Trademark Office (USPTO). The new fee structures will dramatically influence trademark and patent filings. Applicants need to rethink...more

Harris Beach Murtha PLLC

Have a SaaS Contract in Place? You May Need an AI Addendum

Virtually every business has signed an agreement with a software as a service (“SaaS”) provider at one time or another. And now, virtually every SaaS provider (it seems, at least) is coming out with an AI-related feature or...more

Morris, Manning & Martin, LLP

Balancing Innovation and Compliance in Your Enterprise

As artificial intelligence continues to revolutionize industries, businesses are facing increasing pressure to integrate AI solutions into their products and services to remain competitive. However, the adoption of AI...more

Polsinelli

New PTAB Guidance on Enabling Requirement Under § 102 of the AIA and Construction of Chemical Compound

Polsinelli on

Synopsis: In a recently issued final written decision, the Patent Trial and Appeal Board (the “Board”) found all challenged claims of U.S. Patent No.11,572,334 (“the ’334 patent”) unpatentable.1 The Board’s decision centered...more

Alston & Bird

Patent Case Summaries | Week Ending January 31, 2025

Alston & Bird on

Apple Inc., et al. v. Gesture Technology Partners, LLC, Nos. 2023-1501, -1554 (Fed. Cir. (PTAB) Jan. 27, 2025). Opinion by Dyk, joined by Lourie and Hughes....more

Pillsbury Winthrop Shaw Pittman LLP

Lyric or Leave It: Anthropic Tries to Strike a Chord with the Music Industry

The Northern District of California is overseeing an ongoing copyright lawsuit between Universal Music Corp., ABKCO Music Inc., Concord Music Group, and other music publishers (collectively, the “Publishers”) and AI company...more

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