Worldwide: Intellectual Property

Patent venue rules determine where companies can be sued for infringement, but remote work and modern technology have blurred the lines of what constitutes a "place of business." Courts now grapple with whether employee homes, data servers, retail kiosks, and third-party relationships create sufficient physical presence to establish proper venue under federal law.

The Supreme Court's unanimous decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. fundamentally reshapes the legal landscape for generic drug manufacturers pursuing skinny-label strategies under Section viii carve-outs. By rejecting the Federal Circuit's reader-focused approach and requiring affirmative, purposeful conduct to establish induced infringement, the Court provides substantial new protections while leaving critical questions about implicit inducement and commercial communications pr

The Delaware Court of Chancery examines whether a November 2023 term sheet constitutes a binding licensing agreement for emotion-recognition AI technology, and whether specific performance can compel transfer of intellectual property rights. Vice Chancellor Zurn signals inclination to enforce the agreement and grant the extraordinary remedy, raising critical questions about contracting for undeveloped AI technology and the enforceability of automatic IP transfer provisions.