North America: Intellectual Property

Molecules have long been the primary asset in life sciences. Companies develop therapeutics, protect them with patents, and license or sell them. With the rise of artificial intelligence (AI), the data generated...

Recent federal court decisions in Texas and California have significantly lowered the evidentiary threshold for accused infringers to pursue patent-marking defenses under Arctic Cat v. Bombardier. These rulings establish that identifying potentially unmarked products—without linking them to specific patents—can satisfy the accused infringer's initial burden, fundamentally shifting the dynamics of pre-suit damages recovery. Patent owners now face heightened risks of losing substantial damages if

The Canadian Intellectual Property Office has released findings from roundtable discussions with 53 small and medium-sized businesses across six cities, revealing significant challenges in protecting intellectual property. Business owners identified cost, slow timelines, complexity, and limited knowledge as major barriers to accessing IP protection in Canada. CIPO plans to use this feedback to shape its upcoming business strategy and has already initiated a review of its fee structure.

Facing complex legal matters such as insurance claims, shareholder disputes, and commercial contracts requires specialized expertise to achieve favorable results. Without proper legal guidance, businesses and individuals risk costly mistakes and unfavorable outcomes that could have lasting consequences.

A federal court ruling in a copyright lawsuit against Meta Platforms reveals how tech companies may be held accountable for allegedly using pirated content to train AI models. The case, brought by adult film producer Strike 3 Holdings, challenges Meta's data acquisition practices and establishes new precedents for how courts evaluate AI-related copyright claims at the pleading stage.

Anthony discusses how artificial intelligence streamlines restaurant operations while also introducing significant legal risks regarding intellectual property, data privacy, and hiring biases.

The Federal Circuit reversed a trial court's exclusion of a damages expert in a patent infringement case, finding that the expert's use of "virtual machine hours" as a royalty base could establish a reliable causal connection to the alleged infringement. This reversal vacated Microsoft's summary judgment victory and remanded the case for further proceedings, potentially reshaping how damages experts approach royalty base calculations in software patent disputes.

For global law firms and corporate legal departments, the Patent Cooperation Treaty (PCT) provides a structured framework for international patent protection.

The USPTO has implemented significant procedural changes affecting foreign patent applicants, Director Review timelines, and PTAB trial processes. New rules mandate representation requirements for non-U.S. domiciled applicants starting in 2026, while recent precedential decisions reshape how the Office handles parallel litigation and institution challenges.

Explore how Erewhon transformed from a neighborhood health food store into a globally recognized luxury lifestyle brand, examining the psychology of premium consumer culture, celebrity influence, and the emerging trend of grocery store tourism. The episode also analyzes a significant trademark dispute involving Dean & DeLuca that raises critical questions about protecting and reviving legacy brand identities.

Major sports apparel makers Nike and Converse faced trademark infringement allegations from a small lifestyle brand over "Love, ___" and "Dear ___" marketing campaigns...

Trademark disclaimers can be confusing even for attorneys, but they serve a critical purpose in the registration process. When should applicants accept a disclaimer request from the USPTO, and when is it worth pushing back to protect the full scope of their mark? Understanding the strategic implications of disclaiming portions of a trademark can mean the difference between preserving valuable rights and unnecessarily limiting protection.