United States: Intellectual Property

As artificial intelligence policy debates intensify globally, questions surrounding AI safety protocols, international oversight mechanisms, and intellectual property protections have emerged at the forefront of U.S.-China relations. The convergence of these issues ahead of high-level diplomatic meetings highlights the complex intersection of technological advancement, national security concerns, and the legal frameworks governing AI model development and deployment.

But for many creators and businesses, the traditional path to enforcing those rights has been federal court, which means significant attorney fees, lengthy timelines, and procedural complexity that can deter pursuing a claim. For years, some smaller-dollar infringement went unenforced for this reason.

The Third Circuit Court of Appeals has issued the first federal appellate ruling on whether using copyrighted material to train artificial intelligence systems constitutes fair use, examining Thomson Reuters' claim that ROSS Intelligence improperly used Westlaw headnotes to develop a competing legal research product. The decision addresses critical questions about copyright protection for AI training data, the transformative nature of intermediate copying, and market harm in both existing and emerging licen

From Lululemon's strategic response to dupe culture to landmark trade dress victories and AI-powered patent analysis, this intellectual property report examines how brands are adapting their protection strategies in an era of social media influence and technological transformation. The collection explores critical developments in trademark law, patent prosecution, and the evolving intersection of artificial intelligence with IP due diligence.

Universities drive innovation across medicine, AI, materials, and clean tech, but academic researchers face a critical challenge: the need to publish conflicts with patent protection requirements for confidentiality. Understanding how to navigate publication deadlines, filing strategies, and IP development can determine whether groundbreaking research becomes a valuable commercial asset or loses protection entirely.

Many businesses hold misconceptions about their intellectual property portfolios that can lead to costly mistakes. From misunderstanding what patent rights actually provide to believing computer programs cannot be patented, these myths can prevent companies from maximizing the value of their IP assets. Understanding the true nature of patent protection and the importance of strategic IP management is essential for businesses seeking to leverage their innovations effectively.

Effective April 5, 2026, the USPTO introduced a "pre-order" procedure for ex parte reexaminations, allowing patent owners to respond within 30 days of service of a request, and before the Office decides whether a Substantial New Question of patentability (SNQ) exists.

The U.S. Patent and Trademark Office has granted institution in four inter partes review proceedings challenging Janssen Biotech's golimumab method-of-treatment patents, finding that petitioners demonstrated a reasonable likelihood of prevailing on at least one challenged claim. These IPR proceedings run parallel to ongoing BPCIA litigation between Janssen and biosimilar developers Accord BioPharma and Bio-Thera Solutions.

The European Union has published the final text of its comprehensive pharmaceutical legislation reform, introducing significant changes to regulatory data protection, orphan drug exclusivity, and antimicrobial resistance measures.

As companies increasingly rely on third-party AI platforms to analyze documents and automate workflows, they often provide vendors with proprietary data and trade secrets. What legal risks arise when confidential business information is uploaded to AI systems, and how can organizations protect their intellectual property rights while capturing the benefits of these technologies?

As artificial intelligence policy debates intensify globally, questions surrounding AI safety protocols, international oversight mechanisms, and intellectual property protections have emerged at the forefront of U.S.-China relations. The convergence of these issues ahead of high-level diplomatic meetings highlights the complex intersection of technological advancement, national security concerns, and the legal frameworks governing AI model development and deployment.

A federal court has dismissed a trade secret claim based on information the plaintiff developed while using a public artificial intelligence (AI) tool.