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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Weintraub Tobin

(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

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Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

Weintraub Tobin

The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

Weintraub Tobin on

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

K&L Gates LLP

First Denial Based on USPTO’s New Discretionary Denial Factors

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Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv...more

Goodwin

Recent PTAB Developments for Regeneron’s Aflibercept Formulation Patent

Goodwin on

Earlier this month, a Patent Trial and Appeal Board (“PTAB”) panel denied institution of two petitions that were filed separately by Samsung Bioepis (IPR2025-00176) and Formycon (IPR2025-00233) for inter partes review (“IPR”)...more

Goodwin

Regeneron Files Another Complaint Against Amgen in Aflibercept BPCIA Litigation

Goodwin on

On June 17, 2025, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed another complaint against Amgen Inc. (“Amgen”) under the BPCIA, alleging that Amgen’s aflibercept biosimilar, PAVBLU®, infringes U.S. Patent No. 12,331,099...more

Jones Day

PTAB Clarifies Interim Workload Management Process

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On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new bifurcated process...more

McDonnell Boehnen Hulbert & Berghoff LLP

Edwards Lifesciences Corp. v. Cardiovalve Ltd. (Fed. Cir. 2025)

One of the assumptions, or promises, or hopes, attendant on the inauguration of post-grant review proceedings (particularly inter partes reviews) under the Leahy-Smith America Invents Act was that, as in European Opposition...more

Volpe Koenig

“Settled Expectations” as the New Gatekeeper for PTAB Discretionary Denials: Why Late-Stage IPRs Are Getting Harder to File

Volpe Koenig on

When Acting USPTO Director Coke Morgan Stewart denied institution in Dabico v. AXA Power IPR2025-00408  Paper 21, much of the commentary focused on the result....more

Orrick, Herrington & Sutcliffe LLP

Unpacking the Data (Use and Access) Act

The UK is poised to reshape its data protection landscape with the introduction of the UK Data (Use and Access) Act (the "DUA Act"). As one of the most significant reforms in UK data law since the GDPR came into effect, the...more

Alston & Bird

Patent Case Summaries | Week Ending June 13, 2025

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Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 2023-2267 (Fed. Cir. (D. Del.) June 9, 2025). Opinion by Lourie, joined by Dyk and Reyna....more

McDermott Will & Emery

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

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Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

McDermott Will & Emery

No Blank Check: Vendor Can’t Claim Declaratory Judgment From Customer Lawsuits Alone

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action, explaining that declaratory judgment jurisdiction does not “arise merely on the basis that a party learns...more

McDermott Will & Emery

In Determining Subject Matter Eligibility, the Name of the Game Is the Claim

McDermott Will & Emery on

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

Sheppard Mullin Richter & Hampton LLP

When Is a Car a Character? The Ninth Circuit Revisits Copyrightability in Halicki v. Carroll Shelby Licensing

The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities,...more

McDermott Will & Emery

Radio Silence Alone Doesn’t Prove Equitable Estoppel Defense

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or...more

McDermott Will & Emery

CRISPR Clarity: Enablement Is Analyzed Differently Under §§ 102 and 112

McDermott Will & Emery on

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

Morgan Lewis - Tech & Sourcing

Long-Awaited Settlement Agreement Raises New Challenges for NIL Licensing Deals

On June 6, 2025, the Northern District of California in House v. NCAA approved a landmark settlement deal allowing colleges and universities to pay their students directly for their participation in college athletics. The...more

McCarter & English, LLP

USPTO Discontinues Accelerated Examination for Utility Patent Applications, but Track 1 Remains a Good Option

The USPTO recently announced that the Accelerated Examination program will be discontinued as of July 10, 2025. Given that the program has had limited use over the past decade, with fewer than 100 Accelerated Examination...more

Fish & Richardson

Green Glove Trademark Application Gets Red Light From Federal Circuit

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In a precedential decision, the U.S. Court of Appeals for the Federal Circuit recently blessed the test used by the U.S. Trademark Trial and Appeal Board (TTAB) for denying registration to PT Medisafe Technologies for a...more

Mayer Brown

Seeing Around Corners: Where Disruption and Antitrust Meet

Mayer Brown on

“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment,...more

Knobbe Martens

AI and Copyright: Navigating the Legal Maze with Liz Rothman

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In this episode of Knobbe IP+, Knobbe Martens partner Mark Lezama is joined by attorney and emerging technology advisor Liz Rothman to discuss the complex topic of artificial intelligence and copyright law. During their...more

Sheppard Mullin Richter & Hampton LLP

Beyond Copyright: Reddit’s Lawsuit Against Anthropic

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted...more

Sheppard Mullin Richter & Hampton LLP

Navigating Declaratory Judgment: Mitek’s Bid to Head Off USAA’s Patent Claims

This case addresses declaratory judgments of non-infringement in relation to subject-matter jurisdiction and the district court’s refusal to exercise discretionary jurisdiction. Background - In June 2020, Mitek Systems,...more

Smart & Biggar

Canadian Intellectual Property Office “Next Generation Patents” update and status as of June 17, 2025

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On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties,...more

Troutman Pepper Locke

Why Should I Register My Trademark?

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You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is...more

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