California’s new Generative Artificial Intelligence law, AB 2013, ushers in a new era of transparency for developers of generative AI (GenAI) systems. Signed into law on September 28, 2024 and taking effect on January 1, 2026,…
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/ Intellectual Property, Privacy, Science, Computers, & Technology
Too many companies treat trade secret identification as something they can fix later, usually once litigation is underway. But by the time a claim is filed, it is already too late to build the evidentiary foundation you need…
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/ Business Torts, Civil Procedure, Intellectual Property
Post-grant proceedings at the Patent Trial and Appeal Board (PTAB) are undergoing sweeping transformation. Over the past year, as other federal agencies have grown cautious to avoid further budget constraints and downsizing, the…
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/ Administrative Law, Intellectual Property
It is well established that an enantiomerically pure compound exhibiting advantageous properties not present in its isomer or its corresponding racemic mixture, can be patented even if its corresponding racemic mixtures are…
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/ Intellectual Property, Science, Computers, & Technology
In a rare occurrence, the DOJ’s Antitrust Division and USPTO submitted a joint “Statement of Interest of the United States of America” (DOJ Statement) in support of injunctive relief in a district court patent case: Radian…
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/ Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Intellectual Property
Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The…
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/ Civil Procedure, Commercial Law & Contracts, Intellectual Property
Ericsson finally sees resolution of its standard essential patent (“SEP”) campaign against Lenovo and Motorola, filed globally in multiple jurisdictions, importantly at the U.S. International Trade Commission (“ITC”). In a…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Intellectual Property, International Law & Trade
When it comes to intellectual property (IP), where your company holds its assets can be just as important as what you own. Many companies default to keeping IP within their operating entities… but is that the smartest move?…
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/ Business Organizations, Intellectual Property, Taxation
On April 18, 2025, the Federal Circuit remained consistent with previous Alice decisions by holding that four machine learning patents involved in a dispute between Recentive Analytics, Inc. and Fox Corp. were ineligible under…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Joint development, or “teaming agreements” regularly anticipate one party disclosing trade secret subject matter to its counterparty to facilitate the joint development effort. While most JDAs involve companies with distinct…
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/ Business Torts, Commercial Law & Contracts, Intellectual Property
Imagine getting your hands on the ultimate creator cheat code — the behind-the-scenes playbook MrBeast uses to dominate YouTube. Now imagine going viral not for using it, but for allegedly walking off with it. That’s exactly…
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/ Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
Given the continued challenges in policing the burgeoning ENDS marketplace, as previously discussed in Part I of this article, in mid-2024 FDA and DOJ announced the establishment of a federal multi-agency task force to combat…
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/ Administrative Law, Criminal Law, Intellectual Property, International Law & Trade
In 2016, the U.S. Food and Drug Administration (FDA) began regulating all manufacturers, retailers, and distributors of electronic nicotine delivery systems (ENDS) with following the agency’s promulgation of the Final Deeming…
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/ Administrative Law, Consumer Protection, Health
With nearly 800 cases adjudicated or pending thus far at the Unified Patent Court (UPC), a possible procedural gap has appeared in the European patent system: no clear legal mechanism currently exists to resolve conflicting…
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/ Civil Procedure, Intellectual Property
Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific objectives…
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/ Intellectual Property, Science, Computers, & Technology
