United States: Intellectual Property

Intellectual property experts from Carter Ledyard and Posse Herrera Ruiz examine the complex legal landscape surrounding AI development across multiple jurisdictions. How do copyright laws, training exceptions, and output protections differ between the United States, Europe, Asia, and Latin America, and what compliance strategies should businesses implement?

On September 29, 2026, the Third Circuit issued what appears to be the first federal appellate decision on whether training AI on copyrighted material is fair use. In Thomson Reuters v. ROSS Intelligence, the court affirmed that case-law headnotes are copyrightable and that using them to train a non-generative legal-research tool was not fair use.

Lookalike products can benefit from the reputation and visual identity your business has built. Disputes involving British supermarkets show how trade marks, copyright and registered designs can help protect products...

The Federal Circuit's decision in VDPP, LLC v. Volkswagen Group of America, Inc. establishes critical obligations for patent owners regarding marking requirements when licensing their patents. Patent owners must now demonstrate reasonable efforts to ensure licensees comply with marking statutes, even in settlement agreements that don't explicitly admit infringement. Understanding these requirements is essential for both patent holders seeking to preserve pre-suit damages and alleged infringers evaluating po

The Supreme Court's Hikma decision has renewed focus on protecting patented pharmaceutical methods of treatment against generic "skinny labels." This article examines strategic lessons for innovative drug companies in patent prosecution and portfolio development to reduce risks associated with generic label carve-outs and strengthen competitive positioning in the regulatory framework.

A trademark infringement lawsuit over a Mickey Mantle trading card reveals the complex legal landscape surrounding name, image, and likeness rights in sports collectibles.

Neutral evaluation is an invaluable tool, particularly in patent litigation. I speak with authority, having spent 20 years on the federal bench in Delaware, seven of them as chief judge. Delaware is one of the busiest patent venues in the country.

The Federal Circuit's recent decision in Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc. examines critical questions about how pH measurements in pharmaceutical patent claims should be interpreted and applied. The court's analysis addresses whether pH should be measured at standard laboratory temperature or at the actual operating temperature during manufacturing, with significant implications for both literal infringement and doctrine of equivalents theories.

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.

The Federal Circuit's decision in Versata Software v. Ford Motor Company addresses critical questions about damages recovery in trade secret misappropriation cases, particularly whether plaintiffs can pursue unjust enrichment theories when licensing history exists. The court's ruling establishes important precedent regarding the scope of available remedies under the DTSA and state trade secret laws, while also clarifying evidentiary standards for proving misappropriation of combination trade secrets.

Trade secret holders face a critical timing challenge when seeking preliminary injunctive relief: they must develop sufficient evidence of imminent, irreparable harm while acting quickly enough to preserve the urgency that justifies emergency court intervention. This analysis examines how courts evaluate irreparable harm in trade secret cases, the evidentiary requirements for different types of misappropriation...

The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.