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Alston & Bird

Japan’s Reemergence in Global SEP Disputes

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The Tokyo District Court recently released Guidelines for Standard Essential Patent (SEP) Infringement Litigation and SEP Mediation Procedures. Our Antitrust Team is tracking the potential impact these developments may have...more

Patterson Belknap Webb & Tyler LLP

Not So Fast: Judge Hellerstein Seeks More Evidence Before Finding Inequitable Conduct

Recently, United States District Judge Alvin K. Hellerstein accepted in part the report and recommendation of Magistrate Judge Valerie Figueredo. A detailed summary of Judge Figueredo’s decision was the subject of a prior...more

McDermott Will & Schulte

Relax, design patent claim scope doesn’t include functional elements

Addressing the issue of functional versus ornamental features, the US Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment of noninfringement, concluding that no reasonable juror could find...more

McDermott Will & Schulte

Method steps must be done in order where there is logical dependency

In a second appeal, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of noninfringement based on an implicit ordering of steps in a method claim after disagreeing with the lower...more

Hogan Lovells

AI and patents: UK Supreme Court adopts EPO approach to patentability for computer-related inventions

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Yesterday, in the Emotional Perception appeal, the UK Supreme Court has replaced the Aerotel test for patentability with the “any hardware” approach used by the EPO (as approved by the Enlarged Board of Appeal in G1/19),...more

McDermott Will & Schulte

TRAIN Act targets transparency in generative AI training practices

Representatives Madeleine Dean (D-PA) and Nathaniel Moran (R-TX) introduced a bipartisan bill entitled the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act in the US House of Representatives....more

McDermott Will & Schulte

Blackbeard’s revenge: State sovereign immunity ends long running copyright battle

The US Court of Appeals for the Fourth Circuit reversed a 2021 district court ruling and vacated a subsequent 2024 ruling in a decade-long legal battle over copyright infringement claims related to the pirate Blackbeard’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Misses the Mark on Design Patent Non-Infringement

The district court granted summary judgment of non-infringement, finding that no reasonable jury could find the Armaid2 design to be substantially similar to the design claimed in the D’155 patent. RoM appealed using two main...more

Herbert Smith Freehills Kramer

Selling Your AI Digital Twin - The Brave New World Of Identity-Led IP Transactions: The Khaby Lame Deal Analysed

The reported US$975 million Khaby Lame transaction marks a genuinely new development in intellectual property (IP) transactions. The asset being commercialised does not fit neatly within the traditionally recognised...more

BakerHostetler

Copyright Termination Without Borders: Worldwide Recapture Rights Affirmed in Vetter v. Resnik (5th Cir. 2026)

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Do U.S. copyright termination rights expand beyond the border? In a twist of copyright imperialism, the Fifth Circuit answered in the affirmative, holding that U.S. copyright termination rights can unwind a “worldwide”...more

Knobbe Martens

Liars and Vishers and Scams, Oh My! How Brands Can Defend Against Trademark Fraud

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Owners of federal trademark registrations have become a popular target for scams. They need to protect themselves from others who try to use information in the trademark registration for their own financial advantage. ...more

Irwin IP LLP

Director of USPTO Reopens the Door to Design Patent IPRs

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Top Glory Trading Group Inc. and DP Dream Pairs Inc. v. Cole Haan LLC, IPR2025-01395 (P.T.A.B January 12, 2026) - A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed...more

Baker Donelson

Copyright Law in 2025

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Courts Begin to Draw Lines Around AI Training, Piracy, and Market Harm - In 2025, U.S. courts issued the first substantive, merits-stage decisions addressing whether the use of copyrighted works to train generative artificial...more

Vorys, Sater, Seymour and Pease LLP

Vibe Coding & The Diminishing Role of Copyright in AI-Generated Software

It is axiomatic that “ideas are not protectable” under the constitutional protections for intellectual property (IP). Rather, protection inures only upon unique creative expression of an idea (copyright); using some...more

Kaufman & Canoles

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

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Counsel for an ex-Morgan Stanley investment adviser accused of defrauding pro athletes out of millions of dollars leaned hard on former NBA player Chandler Parsons in cross-examination after he testified against his onetime...more

Alston & Bird

Patent Case Summaries | Week Ending February 6, 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

Sheppard Mullin Richter & Hampton LLP

Trade Secret Trouble: Fifth Circuit Upholds Vacatur of $75 Million Damages Award

On January 21, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., et al that has massive implications for those prosecuting or defending trade...more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (4th Cir. 2026)

Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce v. Jarndyce). In a case already somewhat notorious for its...more

Mayer Brown

Crocs, Inc. v. International Trade Commission

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In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young examine the Crocs, Inc. v. ITC case, exploring how Crocs pivoted from expired patent protection to trademark and trade dress claims to protect its...more

Haug Partners LLP

Finding that Expert Testimony “Aligns” with the District Court’s Claim Construction, the Federal Circuit “Backs” Its Admissibility

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On January 20, 2026, the Federal Circuit (per Judge Stark and joined by Judge Taranto, with Judge Prost dissenting) reversed a decision from the Eastern District of Pennsylvania, excluding two experts who testified for...more

DLA Piper

Chile hacia un fortalecimiento de la protección de la propiedad intelectual

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Un escenario legislativo en transformación - Chile se encuentra en un proceso de reforma legislativa significativo en materia de propiedad intelectual. Tres proyectos de ley evidencian la intención del legislador de...more

DLA Piper

Chile Moves To Strengthen Intellectual Property Protection

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A legislative landscape in transformation - Chile is undergoing a significant legislative reform process in the intellectual property (IP) industry. Three bills currently under discussion demonstrate the legislature’s...more

Blank Rome LLP

Novo Nordisk Files Patent Infringement Suit Involving Compounded Semaglutide Products

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Novo Nordisk filed suit in the U.S. District Court for the District of Delaware on February 9, 2026, alleging that compounded semaglutide injections and pills infringe on its patent covering the active pharmaceutical...more

Kilpatrick

6 Key Takeaways - Ethics: Investigations Gone Wild

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Many companies routinely use private investigators or other covert techniques to review possible infringements, including to obtain evidence of infringement and unfair competition by competitors, and to gauge the scope and...more

Fish & Richardson

How to Kill a Weak Patent: 10 Strategies After Being Sued

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If your company is sued for patent infringement, the dispute is not only about whether your product practices the claims; it is often about whether the patent should have been issued in the first place. U.S. law gives...more

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