IP Law News

Addressing the Challenges of Open-Source Software in Technology Transactions Open-source software (OSS), by its nature, is sometimes overlooked as part of technology transactions. OSS is often a key aspect of a business’s...

Addressing the Challenges of Open-Source Software in Technology Transactions

Jumbo and Not So Jumbo Risks of Displaying Fan Images at Sports and Event Venues Sports venues have displayed images of individuals attending their events on jumbotrons for decades. This practice continues to thrive largely...

Jumbo and Not So Jumbo Risks of Displaying Fan Images at Sports and Event Venues

Design Patent Quick Facts Are useful to protect the design of nearly every type of product from smartphones to the retail stores that sell them; from pharmaceuticals to...

Design Patent Quick Facts

AI Search Optimization for IP Law Firms: Why Traditional SEO Won’t Be Enough in 2026 If your intellectual property firm isn’t optimized for modern AI search platforms, you’re missing critical opportunities during key moments of...

AI Search Optimization for IP Law Firms: Why Traditional SEO Won’t Be Enough in 2026

PTAB Update | October 2025 USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges Ted M. Cannon On Friday, October 17, the...

PTAB Update | October 2025

Green With Envy: When Your Color Trademark Turns Out to Be Generic PT Medisafe Technologies (“Medisafe”) has petitioned the U.S. Supreme Court to review a Federal Circuit decision upholding the Trademark Trial...

Green With Envy: When Your Color Trademark Turns Out to Be Generic

Nothing Unusual With Recusal Refusal Centripetal Networks, LLC, v. Palo Alto Networks, Inc. - Before Moore, Hughes, and Cunningham. Appeal from the Patent Trial and Appeal Board. ...

Nothing Unusual With Recusal Refusal

Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner’s Right to Choose Form of Relief  DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) - On October...

Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner’s Right to Choose Form of Relief 

Getty Images v Stability AI English High Court Rejects Secondary Copyright Claim On 4 November 2025, the High Court of England and Wales (the Court) handed down its long-awaited judgment in Getty Images v. Stability AI,Getty...

Getty Images v Stability AI English High Court Rejects Secondary Copyright Claim

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets...

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel

Big Trouble in Small Entity: The USPTO’s New Crackdown on Fee Status Fraud Another day, another change at the USPTO. If you have ever filed a patent application, you know there is a section that asks for your entity...

Big Trouble in Small Entity: The USPTO’s New Crackdown on Fee Status Fraud

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s...

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

FDA Moves to Streamline Biosimilar Development: Implications for Regulatory Strategy and Clinical Study Design The Food and Drug Administration (FDA) has issued new draft guidance signaling a policy shift toward reducing the need for comparative efficacy...

FDA Moves to Streamline Biosimilar Development: Implications for Regulatory Strategy and Clinical Study Design

Weekly Update for Government Contractors and Commercial Businesses – November 2025 #2 Warfighting at Warp Speed: Why Defense Contractors Must Track the Department of War’s Acquisition Overhaul - The Secretary of War Pete Hegseth...

Weekly Update for Government Contractors and Commercial Businesses – November 2025 #2

Derivative and Secondary Liability for Copyright Infringement: Knowledge vs. Control One may be liable for copyright infringement by another under theories of contributory infringement or vicarious infringement. Where there are...

Derivative and Secondary Liability for Copyright Infringement: Knowledge vs. Control

FAR Part 27 Overhaul: Key Changes to Intellectual Property in Federal Contracting As part of the broader Revolutionary FAR Overhaul (RFO), Federal Acquisition Regulation (FAR) Part 27, which addresses patents, data, and...

FAR Part 27 Overhaul: Key Changes to Intellectual Property in Federal Contracting

"Compliance and Social Media: What You Need to Know About Influencer Content" Engaging influencers and content creators (creators) to promote a company's brand has become a commonplace marketing technique, and often a...

"Compliance and Social Media: What You Need to Know About Influencer Content"

Getty Images v Stability AI: What the High Court’s Decision Means for Rights-Holders and AI Developers On 4 November 2025, the High Court published its much-anticipated judgment in Getty Images v Stability AI. This is the first major UK ruling to...

Getty Images v Stability AI: What the High Court’s Decision Means for Rights-Holders and AI Developers

Patent Case Summaries | Week Ending November 7, 2025 Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal...

Patent Case Summaries | Week Ending November 7, 2025

Strategic Prosecution in 2026: What Patent Examiners Might Do Differently — And What That Means for Your Portfolio As companies and markets increasingly view patents not just as a defensive shield but as strategic assets (e.g., for licensing, enforcement, or...

Strategic Prosecution in 2026: What Patent Examiners Might Do Differently — And What That Means for Your Portfolio

Complete inventive entity required to avoid “by another” prior art under pre-AIA § 102(e) The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decision finding claims directed to cladribine...

Complete inventive entity required to avoid “by another” prior art under pre-AIA § 102(e)

Navigating the New Landscape of AI Patent Protection The explosive growth of artificial intelligence has created unprecedented challenges for patent protection. While AI may be "the most...

Navigating the New Landscape of AI Patent Protection

When Section 101 Goes to Trial: Alice Step Two Decided by Jury Many of the cases we discuss on this blog are decided at the district court level on a motion to dismiss or for judgment on the pleadings. Some...

When Section 101 Goes to Trial: Alice Step Two Decided by Jury

Using IP to remain competitive when developing dual-use technology Dual-use technology refers to technologies that have both civilian and military applications. The Canadian government, along with its NATO...

Using IP to remain competitive when developing dual-use technology

Gaming Industry IP News: Switch pirate sued by Nintendo, Tencent casts shadow on Sony lawsuit, World of Warcraft private server petitions Blizzard for a license, and more The video game industry continues to see significant activity in the area of intellectual property law. This month’s newsletter highlights recent...

Gaming Industry IP News: Switch pirate sued by Nintendo, Tencent casts shadow on Sony lawsuit, World of Warcraft private server petitions Blizzard for a license, and more

Mandamus Muddle: What the Federal Circuit’s Recent Decisions Mean For the PTAB Since the start of 2025, the new USPTO administration has been reshaping trial proceedings at the Patent Trial and Appeal Board (PTAB). Some...

Mandamus Muddle: What the Federal Circuit’s Recent Decisions Mean For the PTAB

Why the Westlaw case matters to AI, copyright and the future of machine learning The opening brief in a first-of-its-kind appeal of an AI copyright infringement case was recently filed, framing the issues that could result in...

Why the Westlaw case matters to AI, copyright and the future of machine learning

Enforcing Trade Secrets across borders: A comparative look at the UK, EU, US, Australia and China - Co-ordinating enforcement across jurisdictions can present a complex web of challenges for businesses operating internationally Trade secrets are increasingly recognised as vital assets in the intellectual property portfolios of modern businesses. Unlike patents or trade...

Enforcing Trade Secrets across borders: A comparative look at the UK, EU, US, Australia and China - Co-ordinating enforcement across jurisdictions can present a complex web of challenges for businesses operating internationally

Appellate Challenges to USPTO’s Discretionary Denial Framework Since the United States Patent and Trademark Office (USPTO) rescinded former Director Vidal’s 2022 memorandum concerning discretionary denials...

Appellate Challenges to USPTO’s Discretionary Denial Framework

The Shape of the Season: Holiday Insights on Nontraditional Trademarks The holiday season puts brands on full display—storefronts glow, packaging pops, and signature sounds and scents fill the air. It is also a...

The Shape of the Season: Holiday Insights on Nontraditional Trademarks