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

Copyrightability of genAI Outputs in the US: Key Developments

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Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:...more

Mayer Brown

Appellate Court Confirms Copyright Statute Limits Authorship to Humans, Foreclosing Copyright Registration for Content Solely...

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AT A GLANCE - On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to...more

Seyfarth Shaw LLP

Six Essential Tips for Understanding Intellectual Property Rights Under Government Contracts

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for understanding intellectual property (IP) rights in government contracts. Contractors...more

Kilpatrick

PTAB: A Provisional Application Must Provide Written Description Support for Relied Upon

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In a decision issued today, the Federal Circuit addressed the issue of whether an Examiner can rely on the filing date of a provisional application under pre-AIA 102(e) to support a rejection based on a later-filed and...more

Ward and Smith, P.A.

First-to-File: A Game-Changer in US Patent Law

Ward and Smith, P.A. on

The United States patent system underwent a significant change with the enactment of the First-Inventor-to-File (FITF) provision of the America Invents Act, which became effective on March 16, 2013. The FITF provision...more

Knobbe Martens

Claims Reciting Material Properties of a Claimed Composition Withstand § 101 Scrutiny

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US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION - Before Dyk, Chen, and Stoll.  Appeal from the U.S. International Trade Commission. The Federal Circuit found claims reciting magnetic properties of a claimed...more

Knobbe Martens

Inaction Can Lead To Argument Forfeiture on Appeal

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ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more

Ladas & Parry LLP

TTAB Sustains Opposition Based on Reputation Without Use in the United States

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TTAB sustains opposition based on reputation without use in the United States - UNITED STATES OF AMERICA Legal updates: case law analysis and intelligence - The opponent, owner of Venezuelan company La Montserratina,...more

Vinson & Elkins LLP

Hilary Preston, Vice Chair at Vinson & Elkins, Discusses Energy Innovation: Protecting Your Intellectual Property Portfolio

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As energy reshapes industries and economies, the race for innovation—and the intellectual property behind it—has never been more competitive. Hilary Preston, Vice Chair at Vinson & Elkins unpacks the high-stakes...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2025 #4

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Twelve current and former tennis professionals filed a proposed antitrust class action in New York federal court on Tuesday, accusing the sport’s governing bodies of operating as a “cartel” that manipulates pay and rankings,...more

Fenwick & West LLP

As AI Colors Fashion, Copyright Remains a Gray Area

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A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection. ...more

Goodwin

Federal Circuit Confirms Deductibility of Hatch-Waxman Litigation Expenses

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On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act...more

Axinn, Veltrop & Harkrider LLP

Fintiv and the Resurgence of PTAB Discretionary Denials Involving the ITC

On March 24, 2025, the United States Patent and Tradmark Office (“USPTO”) issued a new Memorandum providing guidance on discretionary denials (or “Fintiv denials”) for inter partes review (“IPR”) challenges based on...more

Dorsey & Whitney LLP

Compassion in Registration: A Lesson in Filing Narrow Trademark Applications

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Identical trademarks can coexist, as the Trademark Trial and Appeal Board once again emphasized when it overturned the refusal of a COMPASSION IN ACTION mark. ...more

Jones Day

PTAB Issues Updated Fintiv Guidance

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After rescinding the June 2022 guidance regarding Fintiv, the PTAB issued updates to how they will consider discretionary denial issues under Section 314(a) on Monday.  ...more

Jones Day

Federal Circuit Affirms Despite Claim Construction Error

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The Federal Circuit upheld the PTAB’s decision deeming an integrated circuit connector patent unpatentable for obviousness, despite concluding that the Board’s claim construction was erroneous. The Court also rejected a...more

Womble Bond Dickinson

D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

Womble Bond Dickinson on

Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an...more

Foley & Lardner LLP

How Should a Licensing Commitment Affect the Availability of Injunctions at the ITC?

Foley & Lardner LLP on

Governed by 19 U.S.C. § 337, the U.S. International Trade Commission (“ITC”) is empowered to investigate unfair acts in the importation of articles into the United States. The ITC can be a powerful forum for owners of U.S....more

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

PTAB Issues Memo on Fintiv Analysis Changes

On March 24, 2025, Chief Administrative Patent Judge Scott R. Boalick issued a memo directed to the members of the Patent Trial and Appeal Board (PTAB) explaining why the USPTO’s June 2022 Fintiv memo was rescinded and how...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Actavis Labs. FL, Inc. v. United States

Actavis Labs. FL, Inc. v. United States, Appeal No. 2023-1320 (Fed. Cir. Mar. 21, 2025) Our Case of the Week, in the words of its author, Circuit Judge Stark, “is not actually a patent case. It is, instead, a tax case.” In...more

Irwin IP LLP

Revving Up The Trade Dress Standard: Articulation First 

Irwin IP LLP on

Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) - On February 6, 2025, the Second Circuit held that the “articulation requirement” for a trade dress complaint—a pleading...more

Fenwick & West LLP

IP as an Investment Magnet - Why VCs Prioritize Companies with Strong IP Strategies

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Investors in deep tech don’t just evaluate technology—they evaluate defensibility. A company’s IP portfolio is often the difference between getting funded and being passed over....more

Venable LLP

The Perils of Procedural Misadventure and Unclear Claim Drafting in Patent Litigation

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On Friday, March 14, 2025, Delaware's own Judge Andrews provided important guidance on key patent issues, relevant to pharmaceutical and technology companies alike: (1) the decisive impact of local patent rules on summary...more

Quarles & Brady LLP

Recap of 2024 U.S. Design Patent Drama: Here’s What We Know Now

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In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. § 103 in view of the en banc United States Court...more

Vedder Price

Review of Trademark Portfolios Necessary in Light of Recent Decision Confirming Narrowness of “Zone of Expansion” Doctrine

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The U.S. Court of Appeals for the Federal Circuit last week issued an opinion that explained an often misunderstood doctrine in trademark law -- the "zone of expansion."...more

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