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Verrill

F__r Use: Do Recent U.S. Court Decisions Indicate AI Training is Covered Under Fair Use?

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Recent U.S. court decisions have seemingly addressed whether the use of copyrighted materials for Artificial Intelligence (AI) training should be considered fair use. However, these decisions do not have the sweeping...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Is This Clear Enough? A Caution Against Claiming Transparency but Excluding Translucency From a Design Patent’s...

A U.S. design patent protects how something looks, as opposed to how it works. An applicant conveys that look primarily using drawings. Typically they use line drawings, so that the scope of protection is focused on the shape...more

Mogin Law LLP

USC Sues Google for Infringing Mapping Patents: Just Another Form of Anticompetitive Conduct

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University of Southern California (USC) sued Google LLC in the Western District of Texas, Austin Division, last month, alleging infringement of the school’s mapping patents, unlawfully using these innovations in Google Earth,...more

Bradley Arant Boult Cummings LLP

When Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment Case

The Federal Circuit’s recent decision in Canatex Completion Solutions, Inc. v. Wellmatics, LLC is a good example of the courts’ ability to correct obvious errors in patent claims through claim construction....more

Venable LLP

PTAB Denies Institution of Two Sarepta IPRs Related to Elevidys®

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On November 6, 2025, the Patent Trial and Appeal Board (“Board”) issued decisions denying institution of Sarepta Therapeutics’ IPR2025-01194 against claims 3-6 of Genzyme’s U.S. Patent No. 9,051,542 (“the ’542 patent) and...more

Knobbe Martens

Missing the (Lex)Mark – What Is the Proper Standing Test Before the USPTO?

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Following a Trademark Trial and Appeal Board (TTAB) decision and corresponding Federal Circuit appeal finding that she did not have standing to oppose registration of a RAPUNZEL mark for dolls, Rebecca Curtin has filed a writ...more

Knobbe Martens

Director Discretion: A Sotera Stipulation Does Not Mandate Institution

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In Re MOTOROLA SOLUTIONS, INC. - Before Dyk, Linn, and Cunningham The PTO Director has unreviewable discretion to deny institution of IPR proceedings in view of parallel proceedings, even when the petitioner executes a Sotera...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Unlike CUTSA, DTSA Does Not Require a Plaintiff to Identify Their Trade Secrets With Particularity from the Start

The Ninth Circuit recently reversed a district court’s decision to strike a plaintiff’s trade secret claims under the Defend Trade Secrets Act (DTSA) at the discovery stage. In doing so, the Ninth Circuit made clear that...more

Fenwick & West LLP

Federal Circuit Limits Mandamus Relief for IPR Institution Decisions

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The Federal Circuit reaffirmed that IPR institution denials are “final and nonappealable” under 35 U.S.C. § 314(d), with mandamus relief only possible in rare cases involving colorable constitutional or specific statutory...more

Kilpatrick

4 Key Takeaways Traps for the Wary Patent Prosecution Pitfalls Around the World

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Patent prosecution can be full of surprises, sometimes unpleasant. Kilpatrick’s Steve Borgman recently presented “Traps for the Wary: Patent Prosecution Pitfalls Around the World” at the 30th Annual University of Texas...more

DLA Piper

UPC Compass: Prior Art Under Pressure – Striking the Balance Between Efficiency and Fair Trial

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A recent decision by the Milan Central Division (CD) of 23 October 2025 could create further obstacles for prior art submissions, highlighting the growing focus on procedural efficiency in patent litigation before the Unified...more

Goodwin

FDA Approves Shanghai Henlius’s Interchangeable Pertuzumab Biosimilar

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On November 13, 2025, the FDA approved Shanghai Henlius Biologics Co. Ltd.’s POHERDY (pertuzumab-dpzb) as an interchangeable biosimilar to Genentech’s PERJETA (pertuzumab). This is the first pertuzumab biosimilar to receive...more

DLA Piper

Life Sciences New in Italy: October 2025

DLA Piper on

Regulatory - European Commission adopts rules for joint clinical assessments of medical devices and in vitro diagnostic medical devices - On 17 October 2025, the European Commission (EC) adopted Implementing Regulation...more

Katten Muchin Rosenman LLP

Getty Images v. Stability AI: Intellectual Property Rights in the Age of Generative AI

The English High Court has delivered its long-awaited judgment in Getty Images v. Stability AI. The case relates to the alleged infringement of intellectual property (IP) rights, in photos owned by Getty Images, Inc (Getty),...more

Morgan Lewis - Tech & Sourcing

Addressing the Challenges of Open-Source Software in Technology Transactions

Open-source software (OSS), by its nature, is sometimes overlooked as part of technology transactions. OSS is often a key aspect of a business’s software ecosystem, whether it is used in internal systems or forms a...more

Stinson LLP

Jumbo and Not So Jumbo Risks of Displaying Fan Images at Sports and Event Venues

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Sports venues have displayed images of individuals attending their events on jumbotrons for decades. This practice continues to thrive largely due to the principle that people do not have an expectation of privacy at public...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Quick Facts

Are useful to protect the design of nearly every type of product from smartphones to the retail stores that sell them; from pharmaceuticals to medical devices; and from running shoes to construction equipment....more

9Sail

AI Search Optimization for IP Law Firms: Why Traditional SEO Won’t Be Enough in 2026

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If your intellectual property firm isn’t optimized for modern AI search platforms, you’re missing critical opportunities during key moments of the client decision journey....more

Weintraub Tobin

(Podcast) The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

Weintraub Tobin on

After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative...more

Knobbe Martens

PTAB Update | October 2025

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USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges Ted M. Cannon On Friday, October 17, the USPTO published a proposed rule that, if implemented, would likely reduce filings...more

Knobbe Martens

Green With Envy: When Your Color Trademark Turns Out to Be Generic

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PT Medisafe Technologies (“Medisafe”) has petitioned the U.S. Supreme Court to review a Federal Circuit decision upholding the Trademark Trial and Appeal Board’s (“TTAB”) refusal to register Medisafe’s dark green color mark...more

Knobbe Martens

Nothing Unusual With Recusal Refusal

Knobbe Martens on

Centripetal Networks, LLC, v. Palo Alto Networks, Inc. - Before Moore, Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. Despite affirming the denial of Centripetal’s recusal motion as untimely and...more

Irwin IP LLP

Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner’s Right to Choose Form of Relief 

Irwin IP LLP on

DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) - On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc....more

Latham & Watkins LLP

Getty Images v Stability AI: English High Court Rejects Secondary Copyright Claim

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On 4 November 2025, the High Court of England and Wales (the Court) handed down its long-awaited judgment in Getty Images v. Stability AI,Getty Images (US) Inc & Ors v. Stability AI Limited [2025] EWHC 2863 (Ch). a case...more

Dorsey & Whitney LLP

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel

Dorsey & Whitney LLP on

The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets camping equipment under the mark 4MONSTER. Monster Energy owns the well-known...more

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