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Farella Braun + Martel LLP

Lawmakers Weigh in on USPTO’s Proposed Modifications to IPR Process

The U.S. Patent and Trademark Office published a notice of proposed rulemaking on October 16, 2025, titled “Revision to Rules of Practice Before the Patent Trial and Appeal Board” announcing its intention to modify the rules...more

Troutman Pepper Locke

Practical IP Lessons From the Field Part Two: Navigating IP Risk in Oil & Gas - Energy Law Insights

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Join Troutman Pepper Locke Partners Charles Baker and Greg Len as they unpack the real-world IP challenges facing oil and gas companies — from high-stakes fracking technology disputes to strategic use of inter partes review...more

Wilson Sonsini Goodrich & Rosati

Failure to Provide Correct Inventors to the USPTO Results in Unenforceable Patents

On November 13, 2025, the U.S. District Court for the District of Massachusetts (court) found that patent applicant, Inline Plastics Corp. (Inline), engaged in inequitable conduct when it failed to disclose two inventors from...more

Haynes Boone

USPTO’s New Subject Matter Eligibility Guidance and Best Practices

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The U.S. Patent and Trademark Office (USPTO) recently issued three memoranda focused on subject matter eligibility under 35 U.S.C. § 101. Together, these memos: (1) formalize the role of Subject Matter Eligibility...more

Kaufman & Canoles

AI and the Entertainment Industry

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In a dramatic reversal that signals a fundamental shift in how the music industry approaches artificial intelligence (AI), Warner Music Group (WMG) announced on Tuesday, December 2, 2025, that it has reached a deal with Suno,...more

Barnea Jaffa Lande & Co.

Legal Obligations for Recipients of Israel Innovation Authority Grants

Barnea Jaffa Lande & Co. on

Securing a grant from the Israel Innovation Authority (IIA) is a major vote of confidence and a critical financial boost for any R&D company. However, the funding comes with a complex set of legal, regulatory, and financial...more

White & Case LLP

Federal Circuit Clarifies The Term “By Another” In Pre-AIA 35 U.S.C. §§ 102(a) And (e)

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On October 30, 2025, in Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, 2025-1211, the US Court of Appeals for the Federal Circuit affirmed two PTAB final written decisions holding all challenged claims...more

Thompson Coburn LLP

Courts Are Not Short-Circuiting AI Copyright Claims at the Pleading Stage

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In the ongoing debate over the legality of training large language models (LLMs) on copyrighted materials, recent summary judgment wins for defendants in Bartz v. Anthropic and Kadrey v. Meta have attracted significant...more

A&O Shearman

Antitrust and Intellectual Property - Convergence, Tension, And Enforcement In Technology Driven Markets

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Intellectual property and antitrust share a common goal; consumer welfare through innovation. However, each body of law approaches that objective from different—and sometimes opposing—directions. IP promotes investment,...more

Morrison & Foerster LLP - Government...

From Defense to Warfighting Acquisition: What Contractors Really Need to Know About “Transforming the Defense Acquisition System”

Last month, the Pentagon announced it would be “Transforming the Defense Acquisition System into the Warfighting Acquisition System to Accelerate Fielding of Urgently Needed Capabilities to Our Warriors.” The proclamation...more

McDermott Will & Schulte

[Webinar] 2026 IP Outlook on Patents, Trademarks, Copyrights, and Trade Secrets - December 16th, 12:00 pm - 1:00 pm EST

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The intellectual property (IP) landscape continues to evolve rapidly, with significant developments impacting patent, trademark, copyright, and trade secret holders. From shifting patent eligibility standards to the growing...more

Womble Bond Dickinson

USPTO Suggests Use of Rule 132 Declarations and Updated Examiner Guidelines to Address Patent Subject Matter Eligibility Issues

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In follow up to the August 4, 2025 guidance and September 26, 2025 In re Desjardins decision, the USPTO recently took another significant step to provide patentees pursuing patent protection additional tools to address patent...more

Troutman Pepper Locke

Copyright Management Information: The Intellectual Property You Didn’t Know You Have

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When you think of intellectual property, what comes to mind? Most likely, it is some combination of patents, trademarks, copyrights, and trade secrets. But what if there were a fifth category of intellectual property you may...more

McGuireWoods LLP

Defendant Successfully Avoids a Subject Matter Waiver, But Could Have Avoided Any Waiver

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Disclosing privileged or work product-protected communications to a third party can risk a waiver of those communications’ protections. In some circumstances, such a disclosure can trigger a more frightening subject matter...more

Venable LLP

California's Updated Right of Publicity Statute Provides Increased Protection and Expedited Relief

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Last month, California Governor Gavin Newsom signed into law Senate Bill 683, which makes a significant addition to Civil Code § 3344, California’s Right of Publicity statute. With the amendment, § 3344 now expressly...more

Morrison & Foerster LLP - Government...

FY26 NDAA: Taking Stock of Repair Data

The U.S. Department of Defense will soon undertake a large-scale assessment of its data rights – and, where it sees gaps, look to contractors to fill them. If the recently released National Defense Authorization Act...more

Seyfarth Shaw LLP

Hottest Patent Term of 2026? SMED.

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Every year has its “it” term.In 2025, the crown belonged to AI, and rightfully so. AI dominated the headlines, flooded the USPTO’s dockets, and triggered more §101 rejections than any examiner would care to admit. If you...more

Epstein Becker & Green

2025 Non-Compete Year in Review - Employment Law This Week® - Spilling Secrets Podcast

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This week, we discuss the pivotal shifts in non-compete regulation in 2025, from the new administration’s impact on federal enforcement to significant state-specific legislative updates. 2025 Non-Compete Year in Review The...more

ArentFox Schiff

SMEDs in the Spotlight: USPTO Memo Highlights Use of Rule 132 Declarations for § 101

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On December 4, the US Patent and Trademark Office (USPTO) issued a memorandum to the Patent Examining Corps reinforcing its existing subject matter eligibility framework under 35 U.S.C. § 101 and calling renewed attention to...more

ArentFox Schiff

Fourth Circuit: Confidentiality Agreements Are Sufficient to Plead ‘Reasonable Measures’ Under DTSA

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The Fourth Circuit reversed a district court’s dismissal of a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA) where the district court concluded that a company did not plausibly allege that it...more

Troutman Pepper Locke

AI Boom and What the Future Holds - Data Centers Series

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In the third installment of our Data Center Series, Carl Bivens and Ben Henry discuss how AI is supercharging data center demand in the U.S. and Europe while pushing development beyond major hubs into secondary and tertiary...more

Mayer Brown

Scaling a Business Through Strategic IP Partnerships and Brand Licensing

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In this crossover episode of The Upper Brand and Tech Talks, hosts Rich Assmus, Kristine Young, and Julian Dibbell explore how brand licensing functions as a capital-efficient growth strategy—accelerating entry into new...more

Morgan Lewis

Federal Circuit Reinforces Indefiniteness Standard for Terms of Degree

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In Akamai Technologies, Inc. v. MediaPointe, Inc., the Federal Circuit reaffirmed that claim language employing terms of degree such as “optimal” and “best” must be supported by objective and exclusive boundaries in the...more

J.S. Held

AI as IP™: A Framework for Boards, Executives, and Investors

J.S. Held on

This article is the second installment in our three-part series, Artificial Intelligence as Intellectual Property or “AI as IP™”, which explores how artificial intelligence assets should be treated as a form of intellectual...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2025 #2

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Two NASCAR teams — including one owned by Michael Jordan — are seeking more than $364 million in damages from the private stock car racing organization in their lawsuit claiming the league made it impossible for a rival...more

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