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Intellectual Property Updates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Fenwick & West LLP

Expansion of Trademark Rights: What Yuga Labs v. Ripps Means for Game Studios

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For years, the IP conversations around crypto tokens focused almost entirely on copyright: who owns the underlying artwork, and what rights does minting actually convey. A recent Ninth Circuit ruling in Yuga Labs v. Ripps...more

Maynard Nexsen

What Apple v. OpenAI Can Teach Employers About Trade Secrets

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On July 10, 2026, Apple filed a trade secrets lawsuit against OpenAI and two of its employees who previously worked for Apple, accusing them of taking trade secrets to help OpenAI develop artificial intelligence hardware. The...more

Shook, Hardy & Bacon L.L.P.

Four Years After DOJ’s “China Initiative,” Prosecutions Related to Chinese Interests Continue

In February 2022, commentators proclaimed the end of U.S. Department of Justice’s (DOJ) China Initiative, a program created during the first Trump administration to combat Chinese economic espionage (i.e., the theft of trade...more

Skadden, Arps, Slate, Meagher & Flom LLP

Biosimilars at an Inflection Point: How Regulatory Reform, a Maturing Patent Framework and a Looming Patent Cliff Are Reshaping...

While the business case for biosimilars — generic equivalents of biologics, or medications made from living organisms — took many years to build, it is now firmly established and catching the attention of dealmakers across...more

Weintraub Tobin

The Briefing: The Polymarket Influencer Scandal: Fake Bets, Real Liability

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In this episode of The Briefing, Weintraub Tobin Shareholders Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos,...more

K&L Gates LLP

NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under the AIA

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In NCS Multistage Inc. v. Nine Energy Service, Inc., the Federal Circuit held that a patentee’s prior commercial sale of a device embodying the invention does not qualify as a “public disclosure” under the AIA safe harbor of...more

Kilpatrick

5 Key Takeaways | Design Patents Overview: Preparing an Application

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Kilpatrick's Katie Apsens recently presented on the topic of "Design Patents Overview: Preparing an Application" at a recent firm CLE event. Katie's takeaways from the presentation include: * The opinions expressed are those...more

Kohrman Jackson & Krantz LLP

Victoria’s Secret v. Thomas Pink: When a Brand Expansion Tests an Old Settlement

On September 11, 2026, Victoria’s Secret Stores Brand Management LLC (“Victoria’s Secret”) sued Thomas Pink Shirtmaker LLC (“Thomas Pink”) and six related companies and retailers in the U.S. District Court for the Southern...more

Saul Ewing LLP

Could AI Prompts Become Prior Art? The Hidden Patent Risk for Inventors

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Most inventors and business executives know that to obtain a patent, the claims of the application must be novel and non-obvious over the prior art. However, the scope of “prior art” is broader than most people realize....more

Alston & Bird

Patent Case Summaries | Week Ending September 18, 2026

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Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

McDermott Will & Schulte

Hallucinated help: USPTO disciplines patent attorney for failing to verify AI-generated citations

The United States Patent and Trademark Office (USPTO) issued a final order approving a settlement between its Office of Enrollment and Discipline (OED) and a registered patent attorney accused of professional misconduct...more

McDermott Will & Schulte

Preamble with backbone: “Universal” limits spinal-implant claims

The US Court of Appeals for the Federal Circuit affirmed summary judgment and a jury verdict of noninfringement, holding that claim preambles reciting a “universal” spinal implant were limiting and that substantial evidence...more

Davidoff Hutcher & Citron LLP

Five AI Clauses Every Closely Held Business Should Add Now

Most operating agreements and shareholder agreements in New York were written for a business that ran on people, equipment, and client relationships. They say who owns the company, who makes decisions, and what happens when...more

McDermott Will & Schulte

Sold but not shown: Private sale does not always constitute public disclosure

The US Court of Appeals for the Federal Circuit found that a commercial sale did not qualify as a “public disclosure” under 35 U.S.C. § 102(b)(1)(B) where the sale did not make the relevant aspects of the invention available...more

McDermott Will & Schulte

License to litigate: Exclusive licensee may sue without patent owner

The US Court of Appeals for the Federal Circuit reversed dismissal of a patent and copyright infringement action, finding that an exclusive license remained in force, transferred all substantial rights in the asserted...more

McDermott Will & Schulte

Federal Circuit: Unjust enrichment available as damages theory for trade secret misappropriation

The US Court of Appeals for the Federal Circuit vacated a judgment limiting a trade secret plaintiff to a reasonable royalty based on the parties’ licensing history, finding that unjust-enrichment damages are available under...more

Fish & Richardson

Building the IP Moat: Maximizing Technology Value on the Path to IPO

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For tech companies seeking to go public, an IPO-ready IP strategy means building a defensible, revenue-linked moat years before the S-1, not merely compiling a patent inventory at the finish line....more

Stark & Stark

The Roof Caves In: HouseCanary Files Chapter 11 to Avoid UCC Foreclosure

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HouseCanary, Inc., a San Francisco-based real estate technology and analytics company, along with several affiliated entities filed voluntary Chapter 11 petition’s on September 22, 2026, in the Bankruptcy Court for the...more

Erise IP

What the Commanders and X Corp. Teach Us About Keeping a Retired Trademark Alive

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When you do a rebrand, what do you do with the retired mark? It’s a question that has plagued trademark holders for years. The Lanham Act defines abandonment as discontinuation of use with intent not to resume, and three...more

NovoTech Patent Firm

The Two-Path Trap: How Startups Quietly Destroy Their Own Patent Portfolios

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Most founders think patent risk comes from the outside. A competitor copies your technology. Someone files an IPR. Someone designs around your claims. In my experience advising startups, the more dangerous threat is internal....more

Wiley Rein LLP

FAR Council Issues Second Round of FAR Overhaul Proposed Rules Covering 16 FAR Parts: Analysis of Proposed Parts 9, 14, 27, 28,...

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What: The Federal Acquisition Regulatory Council (FAR Council) issued the second set of proposed rules to implement Executive Order (EO) 14275, Restoring Common Sense to Federal Procurement, covering 16 parts of the Federal...more

Kilpatrick

6 Key Takeaways | IP Power Play: Recent Developments and Strategies for Success

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Ted Davis, Mike Bertelson, and Mitch Stockwell provided an in-depth review of notable recent court decisions focusing on trademark, patent law, and advertising issues at the firm’s annual Kilpatrick Intellectual Property...more

Husch Blackwell LLP

AI Innovations and Patent Eligibility in the Life Sciences: Understanding the Underlying Legal Framework

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Artificial intelligence (AI) is transforming industries, including the life sciences industry, from drug discovery and diagnostics to medical devices and manufacturing. With that transformation comes a critical challenge:...more

Sheppard, Mullin, Richter & Hampton LLP

The Ninth Circuit Affirms Dismissal of DMCA CMI Removal Claim Against AI Code Generator – Output is a New Work Not a Copy of...

There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source....more

Kilpatrick

5 Key Takeaways | Alternatives to District Court Litigation

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Kilpatrick's Crystal Genteman, Josh Lee, and David Reed, joined by Reagan Charney of Arxada, presented "Alternatives to District Court Litigation" at the 2026 edition of the Kilpatrick Intellectual Property Seminar Series...more

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