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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  The Federal Circuit’s recent nonprecedential decision in...more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

ALTO Litigation

February Trade Secrets Litigation Brief: AI Battle, Criminal Indictment, and Appellate Line-Drawing

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Trade secret litigation often turns on fast-moving disputes over information, competition, and control. Each month, we highlight notable rulings, verdicts, and enforcement actions shaping trade secret risk and litigation...more

Fish & Richardson

European Patent Office to Raise Key Official Fees Effective April 1, 2026

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The European Patent Office (EPO) has announced that official fees for some services will increase on April 1, 2026, following the previous fee increase in April 2024. From April 1, 2026, the increase includes higher fees...more

Miller Johnson

Lab Cells Built Different and Therefore Patentable  

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REGENXBIO v. Trustees of UPenn, No. 2024-1408 (Fed. Cir. February 20, 2026) - Generally, someone may receive a patent for any new and useful process, machine, manufacture, or composition of matter.  However, for over 75...more

Smith Anderson

North Carolina Court Puts Design Patent Claim to Bed

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A federal court in North Carolina recently put a mattress-topper design patent case to bed, dismissing the lawsuit at the pleadings stage after concluding that the accused product was “plainly dissimilar” from the patented...more

Wilson Sonsini Goodrich & Rosati

The Scramble: 2025 Gaming Legal Year in Review

Wilson Sonsini is pleased to present The Scramble: 2025 Gaming Legal Year in Review. This annual publication offers a retrospective look at the game industry’s legal landscape of the past year, showcases Wilson Sonsini’s...more

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

ITC as a Biosimilar Battleground: Genentech Challenges Biocon’s Pertuzumab Biosimilar

On February 27, 2026, Genentech filed a complaint at the U.S. International Trade Commission (ITC) alleging that Biocon’s importation of its pertuzumab biosimilar, BMAB 1500/PERT-IJS (“BMAB 1500”), violates 19 U.S.C. § 1337...more

Snell & Wilmer

Ownership and Licensing in Design Agreements

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The ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The...more

Haynes Boone

Federal Circuit Provides Guidance on Patentability of Recombinant Host Cells

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On Feb. 20, 2026, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a thoughtful analysis of biotechnology subject-matter eligibility in REGENXBIO, Inc. v. Sarepta Therapeutics, Inc., No....more

Alston & Bird

Threat Actors Exploit Google’s Gemini to Accelerate Cyberattacks

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Google Threat Intelligence Group (GTIG) recently reported that cybercriminals—in particular, state-sponsored threat actors from North Korea, Iran, China, and Russia—are misusing Gemini, Google’s large language model (LLM), to...more

UB Greensfelder LLP

Confidential Information vs. Trade Secrets: Why the Distinction Matters in Litigation

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Businesses routinely group customer data, pricing models, internal processes, and strategic plans under the “trade secret” umbrella without much analysis. That shorthand works until litigation, at which point the difference...more

Goodwin

2025 Year in Review: Life Sciences Licensing & Collaboration Deals

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2025 data reflects a rebalancing of risk and capital allocation in early-stage licensing & collaboration deals, with proportionately more value being allocated earlier in development and modest compression in back-end...more

Seyfarth Shaw LLP

One Algorithm, Three Standards: AI Patent Eligibility Across the UK, EPO, and U.S.

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Artificial intelligence may be global, but patent eligibility remains stubbornly local. A recent decision out of the Supreme Court of the United Kingdom seems to have nudged UK practice for computer-implemented inventions...more

A&O Shearman

UPC Grants Provisional Injunction In Dispute Over Glucose Monitoring Systems

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Case details: Abbott Diabetes Care v. MicroTech, Lotus NL, Mediq UPC_CFI_830/2025, February 6, 2026....more

Epstein Becker & Green

U.S. Supreme Court to Weigh Induced Infringement Case Regarding ‘Generic Version of Vascepa®’

In early 2026, the U.S. Supreme Court (the “Court”) agreed to hear a case at the heart of pharmaceutical intellectual property that could have significant implications for the manufacturers of both patented and generic drugs....more

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