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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.
Article
Failure To Cite Own Prior Art Tanks Patent Owner’s Discretionary Denial Request
In a recent PTAB decision, Director Squires addressed whether Microsoft's IPR petition should proceed despite Sandpiper CDN's discretionary denial request. The ruling hinged on two critical factors: the novelty of Microsoft's art citations and Sandpiper CDN's failure to disclose its own commonly assigned prior art during patent prosecution. This case provides important guidance on how patent owners' prosecution conduct can impact discretionary denial outcomes at the Patent Trial and Appeal Board.
United States IP
JD
Jones Day
Article
A “Side Bet” Option Does Not Create A Live Case Or Controversy On Appeal
The Federal Circuit dismissed a patent owner's appeal in In re Hybir, Inc., ruling that a settlement agreement containing only a nominal $100 optional license tied to the appeal's outcome failed to create a live case or controversy. The court determined that such an arbitrary sum functioned merely as a "side bet" on the appeal rather than representing real economic significance or concrete dispute necessary to sustain federal jurisdiction.
United States Litigation
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
“WIPO Reports GenAI Patent Activity Nearly Tripled In Two Years”
Companies developing generative AI technologies face a rapidly evolving patent landscape that demands immediate strategic attention. A recent analysis of WIPO's Technology SPARK Report reveals sharp increases in AI-related patent families and expanding activity across industries beyond traditional tech sectors. Marshall Gerstein Partner Ryan Phelan examines what these trends mean for businesses navigating the competitive GenAI patent environment.
United States IP
MG
Marshall, Gerstein & Borun LLP
Podcast
Episode 58: Observations From Wolf Greenfield’s 2026 Summer Program (Podcast)
Four participants in the Wolf Greenfield Summer Program share their experiences working at the intellectual property law firm, discussing the diverse projects they tackled, the mentorship they received, and how the program prepared them for careers in patent law and technology specialization. The conversation reveals what sets this program apart and offers insights into the day-to-day realities of working in IP law.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
Article
Don’t Buy Someone Else’s IP Problem
Intellectual property due diligence often gets relegated to a final checklist item in acquisitions, but this approach can lead to costly oversights. Jason Balich explores why IP assessment should receive the same early, strategic attention as financial analysis, and provides a framework for evaluating whether a target company's patents, trademarks, and trade secrets are properly secured and enforceable.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
Article
What Is Prior Art? Navigating Section 102, Case Law, And AI
Under the America Invents Act, what qualifies as prior art is measured against a claimed invention’s effective filing date. 35 U.S.C. § 102(a)(1) encompasses inventions “patented, described in a printed publication, or in public use, on sale, or otherwise available to the public” before that date, and § 102(a)(2) adds U.S. patents and published applications that name another inventor and were effectively filed earlier.
United States IP
LD
Lerner David
Article
USPTO Plans For AI Implementation
While this blog normally writes about the issues facing the patentability of AI inventions, we want to write about a topic that is high on our radar: the USPTO’s plans for integrating AI into the examination process. While certain programs, such as the USPTO’s Artificial Intelligence Search Automated Pilot Program (ASAP!) program were previously tested, a greater question looms on the availability of examiners to use large language models (LLMs) as a tool for examination.
United States IP
OM
Oblon, McClelland, Maier & Neustadt, L.L.P
Article
Federal Circuit Confirms § 112(a) Support Required For A Reference’s Provisional Prior-Art Date
The Federal Circuit's decision in Dental Monitoring SAS v. Align Technology, Inc. establishes that a published patent application can only claim its provisional's filing date as prior art if the provisional provides written description support under § 112(a) for at least one claim. This ruling overturns the PTAB's more lenient "ministerial" standard and creates significant implications for both patent prosecution and inter partes review proceedings.
United States IP
KG
K&L Gates LLP
Article
Takeda Files BPCIA Suit Against Polpharma Biologics For Vedolizumab Biosimilar
Takeda Pharmaceuticals has initiated the first BPCIA litigation involving a vedolizumab biosimilar, filing suit against Polpharma Biologics over its PB016 product. The case centers on six patents related to ENTYVIO treatment methods and dosing regimens, with Polpharma's aBLA approval anticipated in May 2027. Takeda seeks injunctive relief and damages to prevent commercialization of the biosimilar product.
United States Healthcare
GP
Goodwin Procter LLP
Article
Your Enzyme Patent May Not Protect Your Enzyme Business
Industrial recombinant enzymes are transforming multiple industries, but securing comprehensive intellectual property protection requires more than just patenting the enzyme molecule itself. The competitive advantage often lies in engineering methodologies, manufacturing processes, formulations, and specific applications—each demanding distinct IP strategies to prevent competitors from replicating commercial success.
United States IP
BT
Barnes & Thornburg LLP
Article
Get “Plugged In” To Claim Construction: Socket Solutions, LLC v. Import Global, LLC
Controlling the meaning of claim terms is essential to drafting strong patents, while pre-empting common claim construction issues is crucial to the scope of patents when it comes to infringement. In Socket Solutions, LLC v. Import Global, LLC, No. 2025-1121 (Fed. Cir. Aug. 4, 2026), the Federal Circuit vacated the district court’s grant of a preliminary injunction due to multiple errors in claim construction.
United States IP
DS
Dinsmore & Shohl
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