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Weintraub Tobin

The Briefing: Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right

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Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down...more

Knobbe Martens

Taylor Swift, Trademarks, and the Pursuit of a Federal Right of Publicity

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Taylor Swift’s recent trademark filings for her voice and likeness point to a growing trend among celebrities and high-profile individuals using federal trademark law—rather than relying solely on state-by-state publicity...more

Offit Kurman

Pre‑Launch Trademark Risk: What In‑House Counsel Should Address Before Product Launch

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Most trademark problems do not begin with a refusal from the USPTO or a cease-and-desist letter from a competitor. They begin much earlier during product development and brand naming, often before legal is meaningfully...more

NovoTech Patent Firm

Why Patents Don’t Commercialize Themselves — and What Founders Miss

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Many patents never translate into meaningful commercial value, not because the ideas are weak, but because the system surrounding them is misunderstood. From the outside, it is easy to assume that a granted patent should...more

Miller Johnson

Bottom Line: “Bum Bum” Packaging Falls Flat on Trade Dress Protection

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On March 17, 2026, the United States District Court for the Southern District of New York held that Sol de Janiero’s (“SDJ”) packaging for a beauty cream product was functional and therefore not entitled to trade dress...more

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

Much Ado About “About”

Recent decisions across the Federal Circuit and district courts reflect a tightening approach to approximation in patent claims. In Enviro Tech Chemical Services, Inc. v. Safe Foods Corp., the Federal Circuit invalidated...more

Brownstein Hyatt Farber Schreck

The Coming Wave of U.S.-China AI Trade Secret Litigation—What Companies Should Be Doing Now

Artificial intelligence disputes are rapidly moving beyond copyright and into trade secrets. As companies race to develop and deploy advanced AI systems, their most valuable assets increasingly consist of confidential...more

Alston & Bird

Patent Case Summaries | Week Ending May 8, 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

Knobbe Martens

Drilling for Gold: How the Next Geothermal Rush Is Creating a New Patent Battleground

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Technological advancements in geothermal exploration and drilling are reducing uncertainty and lowering risk profiles, making private investors and lenders more willing to commit capital that was historically constrained by...more

Venable LLP

Technology Vendor Contract Review for Financial Institutions: Key AI, Data, and Fintech Risks

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Financial institutions have always relied heavily on technology, but AI, data aggregation, and platform-based systems are changing how they contract for and license it. Banks, private equity firms, asset managers, and...more

McDermott Will & Schulte

One frame is enough: Second Circuit narrows de minimis use, limits fair use at pleading stage

The US Court of Appeals for the Second Circuit affirmed in part and reversed in part a judgment on the pleadings, clarifying that the de minimis doctrine does not apply where the copyrighted work is identifiable in the...more

McDermott Will & Schulte

Transformative documentary use, work made for hire doctrine defeat copyright claims

Elaborating on the application of the fair use doctrine in the documentary context, the US Court of Appeals for the Tenth Circuit affirmed summary judgment after determining that seven of the eight works at issue were works...more

McDermott Will & Schulte

It’s not a trap: A shared copyright license can still be exclusive

Addressing statutory standing under the Copyright Act, the US Court of Appeals for the Eleventh Circuit affirmed in part, vacated in part, and remanded, holding that a license is not rendered nonexclusive merely because the...more

McDermott Will & Schulte

Words of approximation require more precision after narrowing amendments

The US Court of Appeals for the Federal Circuit affirmed a judgment of indefiniteness, concluding that the use of the term “about” to define a critical pH limitation failed to inform skilled artisans of claim scope with...more

Bradley Arant Boult Cummings LLP

Bissell Mops Up at the ITC, But Tineco’s Redesign Stays Dry: Lessons on Claim Scope, Expert Testimony, and Appellate Strategy

Earlier this week in Bissell, Inc. v. International Trade Commission, the Federal Circuit affirmed the ITC’s determination that Tineco’s original wet/dry surface cleaning devices infringed Bissell’s patents and were properly...more

Jones Day

Two’s Company, Three’s a (Discretionary) Crowd

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On January 9, 2026, the USPTO designated a Director decision in IPR2025-00258 as precedential, offering guidance on when the Patent Trial and Appeal Board (PTAB) will exercise its discretion to deny institution of inter...more

Fenwick & West LLP

Tenth Circuit Roars: ‘Tiger King’ Clip Is Fair Use, Netflix Prevails Post‑Warhol

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The Tenth Circuit issued its opinion in Whyte Monkee Productions, LLC v. Netflix, Inc. on April 30, 2026, affirming summary judgment in favor of Netflix and Royal Goode Productions on all claims of copyright infringement...more

Morgan Lewis

Federal Circuit Finds the Word ‘About’ to Be Unclear: When Terms of Degree Cause Indefiniteness

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The US Court of Appeals for the Federal Circuit’s recent decision in Enviro Tech Chemical Services Inc. v. Safe Foods Corp. affirmed a finding that the term “about” rendered the claims indefinite. This precedential opinion...more

Mintz - Intellectual Property Viewpoints

Federal Circuit: ITC Experts May Rely on Source Code Not Admitted at Hearing

On May 11, 2026, the US Court of Appeals for the Federal Circuit issued a precedential decision in Bissell, Inc. v. International Trade Commission, affirming the ITC’s final determination in Investigation No. 337-TA-1304,...more

Polsinelli

Who Owns AI-Generated Content? Human Authorship Still Controls, and Documenting the Creation Process Is Critical

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Key Takeaways - Copyright law’s existing framework still governs AI-generated outputs: originality, human authorship and fixation remain the core principles....more

Kaufman & Canoles

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

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Blake Lively has settled her claims accusing Justin Baldoni's production company of orchestrating a smear campaign after she accused her It Ends With Us co-star of sexually harassing her, the actors announced in a joint...more

Fish & Richardson

The AI Arms Race in Patent Litigation

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Most patent litigators today are being asked the same question: How will artificial intelligence (AI) change the practice and cost of litigation? ...more

Knobbe Martens

Federal Circuit Confirms Patent Eligibility of Gene Therapy Patent in Regenexbio Inc. v. Sarepta Therapeutics

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Genetically engineered cultured host cells containing recombinant nucleic acids useful for gene therapy are patent-eligible for being markedly different from anything occurring in nature....more

Fish & Richardson

Anti-Suit Injunctions in Global SEP Disputes

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In standard essential patent disputes that spread across multiple forums, anti-suit injunctions and similar cross-border remedies are important tools for strategic case management. Parties should treat such remedies as part...more

Tonkon Torp LLP

Maximize Your Startup Company’s Value: Common Legal Mistakes to Avoid (Part 3)

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By the time a startup has addressed structure, governance, compliance, employment, and fundraising, it has built the core framework for growth. But long-term success depends on more than regulatory discipline and capital...more

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