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Polsinelli

Federal Circuit Strikes Life Sciences Patent Over Insufficient Disclosure of Particular Species

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Key Takeaways: The Federal Circuit held that general disclosure of any part of a compound may be insufficient to support a priority date for a specific species within the genus....more

Loeb & Loeb LLP

AI Outlook 2026: Celebrating Client Innovation and Exploring Future Trends

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Artificial intelligence (AI) offers extraordinary opportunities but also complex challenges as it reshapes industries and redefines how businesses operate across sectors. ...more

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

The Importance of Patents in the Firearms Industry as Its Technologies Become Less Regulated

Deciding whether to pursue a patent for a technology can be challenging. In addition to a variety of legal considerations, the decision often depends on broader business considerations, such as the relative importance of the...more

McDermott Will & Schulte

UPC rules in first instance on file wrapper estoppel, doctrine of equivalence

On October 24, 2025, the Local Division Paris of the Unified Patent Court (UPC) issued its decision in Raccords et Plastiques Nicoll v. First Plast, dismissing claims for literal infringement and infringement by equivalence...more

McDermott Will & Schulte

Top Gun and all that jazz: “Substantial similarity” in the Ninth Circuit

Two January 2026 decisions from the US Court of Appeals for the Ninth Circuit confirm that copyright infringement requires substantial similarity in protectable expression, proven through both extrinsic and intrinsic tests....more

McDermott Will & Schulte

Deadlines and discretion: Appeal trips over the clock

The US Court of Appeals for the Federal Circuit affirmed in part and dismissed in part an appeal of an International Trade Commission decision....more

McDermott Will & Schulte

USPTO launches SEP Working Group aimed at strengthening patent enforcement

The United States Patent and Trademark Office (USPTO) announced the formation of the Standard-Essential Patent (SEP) Working Group, which will report directly to USPTO Director John A. Squires....more

Dickinson Wright

What Does the Revised Definition of Hemp Mean for Trademarks?

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Trademarks are generally recognized as an essential and major component of each company’s economic value. In fact, a well-recognized report indicates that company trademarks and other intellectual property assets represent...more

Benesch

AI Reporter - January 2026

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The U.S. Supreme Court is reviewing an appeal by computer scientist Stephen Thaler, who argues AIgenerated works should qualify for copyright protection, contrary to the U.S. Copyright Office’s stance that only human-authored...more

Goodwin

xAI Challenges California’s Training Data Transparency Act

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On December 29, 2025, xAI, the developer of the artificial intelligence (AI) chatbot Grok, filed a lawsuit seeking to invalidate California’s Generative Artificial Intelligence: Training Data Transparency Act (TDTA). ...more

Fish & Richardson

5 in ’25: Appellate

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The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more

McAfee & Taft

Challenges of protecting innovation in an artificial (intelligence) world

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Innovation is accelerating at an unprecedented pace, especially in today’s world where artificial intelligence can instantly answer questions and generate content. While this presents exciting opportunities for inventors...more

Knobbe Martens

Ex Parte Reexaminations Are Maintained by the PTO, Not the Petitioner

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IN RE: GESTURE TECHNOLOGY PARTNERS, LLC - Before Lourie, Bryson, and Chen.  Appeal from the Patent Trial and Appeal Board. The estoppel provision of 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte reexaminations...more

Knobbe Martens

No Detours: Plain Meaning Construction Drives Federal Circuit’s Obviousness Affirmance

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ETHANOL BOOSTING SYSTEMS, LLC v. FORD MOTOR COMPANY - Before Chen, Clevenger, and Hughes. Appeal from the Patent Trial and Appeal Board. The Federal Circuit confirmed that the Board may delay a decision on rehearing while...more

Knobbe Martens

When ‘Optimal’ Isn’t Objective: The Pitfalls of Indefinite Claims

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Akamai Technologies, Inc. v. MediaPointe, Inc. - Before Taranto, Stoll, and Cunningham.  Appeal from the United States District Court for the Central District of California. The Federal Circuit affirmed a district court’s...more

Knobbe Martens

No Interlocutory Appeals From State’s Bond Order

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MICRON TECHNOLOGY INC. v. LONGHORN IP LLC - Before Lourie, Schall, and Stoll. Appeal from the United States District Court for the District of Idaho. Immediate appellate review may be unavailable for interlocutory bond orders...more

Bricker Graydon LLP

[Webinar] K-12 Athletic Symposium: 2026 NIL Updates & More! - January 23rd, 9:00 am - 11:30 am ET

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Join Bricker Graydon Wyatt’s K–12 Athletics Team for an Athletics Symposium! Spend more than two hours with leading school law and athletics experts—including special guest Ron Sayers from OHSAA—as we take a deep dive into...more

Sheppard Mullin Richter & Hampton LLP

No Mulligans: Frivolous Post-Judgment Motion Triggers § 1927 Sanctions After § 285 Award

This case addresses whether the district court abused its discretion in awarding attorneys’ fees to Google under 35 U.S.C. § 285 after deeming EscapeX’s suit “exceptional,” denying EscapeX’s Rule 59(e) motion to amend the fee...more

Alston & Bird

Patent Case Summaries | Week Ending January 9, 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.

Filing a Lanham Act Lawsuit – 5 Things You Need to Know

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The Lanham Act establishes several grounds for businesses to pursue litigation against competitors and other parties that are misusing their trademarks and engaging in other forms of false and misleading advertising. When a...more

Arnall Golden Gregory LLP

A “Double Shot” Heard Around the World: Fifth Circuit Holds That Copyright Termination and Renewal Can Flip Worldwide Ownership

Key Takeaways - U.S. copyright termination and renewal can flip worldwide ownership. The Fifth Circuit held that when a “worldwide” grant arises under U.S. law, a valid statutory termination or renewal can recapture global...more

Brownstein Hyatt Farber Schreck

New Year’s Resolution: Get a Handle on Intellectual Property

Every business relies on intellectual property, whether it is created by the business or licensed from third parties. It is embodied in software, branding, marketing content, proprietary processes and the everyday work...more

Foley & Lardner LLP

Protecting the AI Advantage: Why Patents Are a Critical Growth and Risk-Management Tool for Digital Health Platforms

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For CEOs, general counsels, and CTOs, the question is no longer whether patents matter. The question is whether the company has an intentional strategy to identify, capture, and deploy intellectual property in alignment with...more

Fisher Phillips

Top 2026 Predictions for Employee Defection and Trade Secrets

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Our Employee Defection and Trade Secrets thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2026....more

Loeb & Loeb LLP

The Future of Music Catalog Deals: Trends Shaping Opportunities for Buyers and Sellers

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Following his panel on music catalog deals at the LA IP/Entertainment Conference, Derek Crownover, vice chair of the firm’s Music Industry group, shares his insider perspective on the evolving music catalog market and how it...more

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