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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

Federal Circuit: Unaccused Products "Tethered" To Infringement Can Be Used To Calculate Damages

In Exafer Ltd v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar. 6, 2026), the Federal Circuit reversed the district court's exclusion of Exafer's damages expert report and vacated the district court's order...

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

D. Mass. Patent Litigation Update: March 2026

In Nextcea Inc. v. Lipotype, Inc., et al., No. 1:24-cv-12624-JEK, Judge Kobick granted Defendants' motion to dismiss, holding that the asserted patent claims were directed to unpatentable subject matter under 35 U.S.C. § 101.

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Eastern District Of Texas Tosses Random Chat's "Random Chat" Patent Under Section 101

If you defend patent lawsuits or have ever been a defendant, you've likely heard from Random Chat LLC...

United States IP

HK

Holland & Knight

Patent Law Alert -- USPTO Requires Foreign‑Domiciled Patent Applicants And Patent Owners To Be Represented By Registered U.S. Patent Counsel

The U.S. Patent and Trademark Office (USPTO) has issued a final patent rule amending the Rules of Practice in Patent Cases to require that patent applicants and patent owners...

United States IP

CL

Cowan Liebowitz & Latman PC

"Unprecedented" Patenting In Energy On Batteries

United States IP

BB

Baker Botts LLP

U.S. Patent Office Modernizes Design Patent Examination For Computer-Generated Designs

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

UPC: No Liability For Holding Companies Without Active Participation In Patent Infringement

European Union IP

AO

A&O Shearman

English High Court Rules No SPC Based On Authorisation Of Monotherapy A Where A+B Was Authorised First

United States IP

JA

J A Kemp LLP

Federal Circuit Widens Net For Corresponding Structure Under §112(f) – Three Takeaways For Patent Counselors

United States IP

FL

Foley & Lardner

Gene Therapy And US Patent Eligibility Update: REGENXBIO, Inc. v. Sarepta Therapeutics, Inc.

United States IP

JA

J A Kemp LLP

When 10% Is Enough: Director Denies IPR Over Foreign Sovereign Ownership Interest

B

BakerHostetler

The USPTO Changed The Rules For Digital Design Patents – Strategic Insights On What It Means For Your Business

United States IP

B

BakerHostetler

US Firms: China No Longer An 'Afterthought'

MB

Mayer Brown

FRAND Quarterly: Navigating The Global SEP Landscape – March 2026

W

WilmerHale

Littler Lounge: Just Cause For A Chat About Corrective Actions (Podcast)

United States Employment

LM

Littler Mendelson

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

United States Insolvency

BS

Ballard Spahr LLP

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

Sanctions Update: March 9, 2026

Worldwide International

SJ

Steptoe LLP

Simpson Thacher Sustainability And ESG: Regulatory Update – March 2026

United States Commercial

ST

Simpson Thacher & Bartlett

USPTO Final Rule Imposes Mandatory U.S. Counsel Requirement For Foreign Patent Applicants

The United States Patent and Trademark Office (USPTO) is expected to publish a Final Rule that will require patent applicants with at least one non-U.S.-domiciled applicant to be represented by a USPTO-registered...

United States IP

BT

Barnes & Thornburg LLP

USPTO Director's Memo Highlights New Considerations For US Manufacturers In AIA Patent Challenges

The United States Patent and Trademark Office (USPTO) recently introduced a significant policy shift in America Invents Act (AIA) patent challenges that could impact US companies in the manufacturing, automotive...

United States IP

BL

Butzel Long

MSTM, LLC Et Al. v. AB Sciex LLC D/b/a SCIEX (D. Mass. 23-cv-11121)

MSTM and co-plaintiff M&M Mass Spec Consulting, LLC alleged that Sciex entered into confidentiality and non-disclosure agreements in connection with considering taking a license on the plaintiffs' mass spectrometry...

United States IP

LA

Lando & Anastasi

Update: Janssen Files BPCIA Complaint Against Bio-Thera And Accord Related To Golimumab Biosimilar

As we reported last week, Janssen Biotech, Inc. and Janssen Sciences Ireland UC (collectively, "Janssen") filed under seal a BPCIA complaint in the U.S. District Court for the District of Delaware...

United States IP

GP

Goodwin Procter LLP

USPTO Updates Guidance On Patentability Of Computer-Generated Interfaces And Icons

United States IP

LD

Lerner David

USPTO Updates Guidance For More Flexible Examination Of Design Patent Applications Related To Computer-Generated Interfaces And Icons

United States IP

OM

Oblon, McClelland, Maier & Neustadt, L.L.P

AI Is Rewriting The Rules Of IP Law

United States IP

BT

Barnes & Thornburg LLP

Unintended Consequences: GAO Report Questions Impact Of Exercising March-In Rights For Drug Pricing

United States Healthcare

JD

Jones Day

Mayer Brown Establishes PTAB Precedent In Securing Discretionary Denial Against Foreign-Government-Backed Petitioner

United States IP

MB

Mayer Brown

Delaware Supreme Court Reverses Chancery Court Decision Invalidating Governance Provisions Of A Stockholder Agreement

United States Commercial

GP

Goodwin Procter LLP

From Lab To Patent: Elevating Women's Contributions To Innovation

United States IP

NM

Nelson Mullins Riley & Scarborough LLP

Federal Circuit Affirms Noninfringement Where Expert's Analysis Of Means-Plus-Function Claim Failed To Account For Disclosed Structure

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

INFORMATIVE: No Discretionary Denial Where Prior IPR Suggests Material Error By Office

United States IP

JD

Jones Day

Antibody-Drug Conjugates

United States IP

OM

Oblon, McClelland, Maier & Neustadt, L.L.P

From Lab To Patent: Elevating Women's Contributions To Innovation

Women's History Month is an opportunity not only to celebrate women's contributions to innovation, but also to examine why those contributions remain underrepresented in the patent system.

United States IP

NM

Nelson Mullins Riley & Scarborough LLP

Federal Circuit Affirms Noninfringement Where Expert's Analysis Of Means-Plus-Function Claim Failed To Account For Disclosed Structure

In Genuine Enabling Technology LLC v. Sony Group Corp., No. 24-1686 (Fed. Cir. Feb. 19, 2026), the Federal Circuit affirmed summary judgment of noninfringement, emphasizing that patentees' infringement...

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

INFORMATIVE: No Discretionary Denial Where Prior IPR Suggests Material Error By Office

The Acting Director ssued a decision declining to exercise discretionary denial in three related inter partes reviews (“IPRs”) filed by Padagis US LLC (“Padagis”): IPR2025-00464, IPR2025-00465...

United States IP

JD

Jones Day

Antibody-Drug Conjugates

In our January Newsletter (here) we reported on the non-precedential Federal Circuit decision in Daiichi Sankyo Co. v. Seagen Inc., Fed. Cir. Dec 02, 2025...

United States IP

OM

Oblon, McClelland, Maier & Neustadt, L.L.P

New USPTO Memorandum Adds Domestic Manufacturing And Small Business Factors To PTAB Institution Analysis

United States IP

CM

Crowell & Moring LLP

FDA Moves To Streamline Biosimilar Development: The Implications For Regulatory And IP Strategy

The FDA issued updated guidance on the requirements for biosimilar sponsors seeking to use foreign comparator products in clinical studies.

United States IP

SA

Skadden Arps Slate Meagher & Flom

The Rise Of Trademark Scams: How Small Businesses Can Spot And Stop Them Before It's Too Late

A business owner opens their inbox to find a message warning that someone else is about to register their company name as a federal trademark.

United States IP

PC

Pender & Coward

Transatlantic Patent Litigation: When Should You File In Europe?

European patent enforcement offers US companies a faster path to first-instance judgments than they can obtain at home. UPC decisions typically arrive within fifteen months.

European Union IP

MB

Mayer Brown

New USPTO Guidance Expands Design Patent Eligibility For Digital Environments

The U.S. Patent and Trademark Office (USPTO) recently issued new examination guidance that significantly relaxes the requirements for obtaining design patents covering digital interfaces, icons, and other computer-generated designs.

United States IP

LA

Lando & Anastasi

4 Strategies For Enforcing IP Rights On Social Media Platforms

United States IP

CH

Clark Hill

Design Patents For Computer-Generated Icons And Interfaces: How The USPTO's Major Updated Guidance Creates More Flexibility

United States IP

SM

Sheppard, Mullin, Richter & Hampton LLP

Prosecution Laches Before The Supreme Court

United States IP

BB

Baker Botts LLP

Manufacturing Matters: The USPTO's New Discretionary Institution Factors

United States IP

B

BakerHostetler

Fast‑Forward To Ineligibility: Federal Circuit Invalidates Web‑Conferencing Patent Under § 101

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Federal Circuit Refuses To Construe "Configured For" As More Than "Capable Of"

United States IP

OM

Oblon, McClelland, Maier & Neustadt, L.L.P

JONES DAY TALKS®: Women In IP – Supreme Court Denies Review Of Thaler V. Perlmutter: AI Authorship Questions Remain (Podcast)

United States IP

JD

Jones Day

Increased Flexibility For Graphical User Interface Design Patent Applicants

United States IP

FL

Foley & Lardner

The Doctrine Of Inherency In The Context Of An Obviousness Analysis

United States IP

OM

Oblon, McClelland, Maier & Neustadt, L.L.P

IPR And PGR Institution Decisions – America First?

United States IP

SP

Squire Patton Boggs LLP

Patenting AI Discoveries In Life Sciences: Overcoming Eligibility, Disclosure, And Inventorship Challenges

United States IP

TS

Taft Stettinius & Hollister

The UPC's First Referral To The CJEU

European Union IP

KL

Herbert Smith Freehills Kramer LLP

Champagne Wishes And Caviar Dreams – Can Two CAVIAR Marks For Jewelry Coexist?

United States IP

SS

Seyfarth Shaw LLP

Federal Circuit Reverses JMOL And Exclusion Of Experts Under Daubert

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

IP Damages Trends: Tools Of Apportionment

United States IP

N

NERA

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Highlighted Content

Parallel Imports, A Global Phenomenon, And A Very Grey Area Regarding International Trade

United States International

BG

Braumiller Law Group, PLLC

Knowing What's Ahead: Dispute Resolution Planning For Startups In The New Age Of Generative AI

United States Litigation

J

JAMS

Infringement Of Repurposed Drug Patents And Skinny Labelling – Where Does The Balance Lie In Europe Today?

United States Healthcare

D

Dehns

How Good Does A Copy Need To Be?

United States Healthcare

D

Dehns

Supplementary Protection Certificates – European Patent Term Extensions

United States Healthcare

D

Dehns

How Much Experimental Data Is Needed For Patent Applications In Europe?

United States Healthcare

D

Dehns

The Silent Treatment: The EPO's Approach To Non-therapeutic Methods Encompassing Therapeutic Effects

United States Healthcare

D

Dehns

Implications Of The Genetic Technology (Precision Breeding) Bill On The Life Science IP Sector

United States Healthcare

D

Dehns

Protection For Plant Varieties In Europe And The UK Post-Brexit

United States Healthcare

D

Dehns

Best Practice For Invention Harvesting

United States Healthcare

D

Dehns

Latest Videos

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Patent Protection In A Borderless World (Video)

AP

Arnold & Porter

Critical IP Litigation Lessons For In-House Legal And Innovation Leaders 2025 Webinar (Video)

BK

Brooks Kushman

2025 Video Game Development Primer: Is Your Studio Ready For New Legal Realities? (Video)

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Gamma Law

Update On Plausibility – A Review Of Case Law In Europe Following G2/21 (Video)

JA

J A Kemp LLP

Unlock NDA Secrets: Non-Use Is Key For Complete IP Protection (Video)

C

Crowley Law LLC

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