IP Law News
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A daily source of intellectual property and related news, commentary, and guidance written by leading IP lawyers for inhouse counsel, the C-suite, entrepreneurs, inventors, research scientists, and others.
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A JD Supra law feed
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DoD Updates Guidance on Acquisition of Contractor Technical Data and Associated Data Rights
DoD Updates Guidance on Acquisition of Contractor Technical Data and Associated Data Rights
On November 21, 2025, the Department of Defense (“DoD”) updated DoD Manual (“DoDM”) 5010.12, Acquisition and Management of Contractor-Prepared...
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December 13, 2025 at 5:56 AM
DoD Updates Guidance on Acquisition of Contractor Technical Data and Associated Data Rights
Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
One might be forgiven for assuming, based on a cursory reading of the Constitution or perhaps a fleeting bout of logic, that the U.S. patent...
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December 12, 2025 at 9:05 PM
Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
Top Section 101 Patent Eligibility Stories of 2025
Top Section 101 Patent Eligibility Stories of 2025
Top off the eggnog, straighten the twinkle lights and clear a space between the nutcrackers and the model train set for a fresh stack of Top...
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December 12, 2025 at 8:52 PM
Top Section 101 Patent Eligibility Stories of 2025
The legal framework for fighting copycats, lookalikes and dupes: what can brand owners do to protect themselves?
The legal framework for fighting copycats, lookalikes and dupes: what can brand owners do to protect themselves?
In this article, the second in our series, we look at the various legal options brand owners have when faced with copycats and compare trends...
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December 12, 2025 at 8:51 PM
The legal framework for fighting copycats, lookalikes and dupes: what can brand owners do to protect themselves?
In re Motorola and the Return of PTAB Discretion Revisiting Fintiv, Sotera, and the Limits of Judicial Review
In re Motorola and the Return of PTAB Discretion Revisiting Fintiv, Sotera, and the Limits of Judicial Review
The Patent Trial and Appeal Board’s (“PTAB’s”) authority to exercise discretion over whether to institute Inter Partes Review (“IPR”) proceedings...
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December 12, 2025 at 8:31 PM
In re Motorola and the Return of PTAB Discretion Revisiting Fintiv, Sotera, and the Limits of Judicial Review
Federal Circuit Overturns $39M Jury Verdict, Reinforcing Strict Written Description Requirements for Genus Claims
Federal Circuit Overturns $39M Jury Verdict, Reinforcing Strict Written Description Requirements for Genus Claims
On November 18, 2025, the Federal Circuit issued a precedential opinion in Duke University v. Sandoz Inc., No. 24-1078, 2025 WL 3210322 (Fed....
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December 12, 2025 at 8:31 PM
Federal Circuit Overturns $39M Jury Verdict, Reinforcing Strict Written Description Requirements for Genus Claims
Trademark Practice Update: Fee Revisions and Strategic Considerations for Brand Owners
Trademark Practice Update: Fee Revisions and Strategic Considerations for Brand Owners
Brand owners face a changing landscape at the U.S. federal registration level as the U.S. Patent and Trademark Office (“USPTO”) implements a new...
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December 12, 2025 at 7:59 PM
Trademark Practice Update: Fee Revisions and Strategic Considerations for Brand Owners
EU Pharma Package: Parliament and Council reach agreement to modernize EU pharmaceutical legislation - Key takeaways for pharma
EU Pharma Package: Parliament and Council reach agreement to modernize EU pharmaceutical legislation - Key takeaways for pharma
After the Council of the European Union (Council) adopted its negotiation position on the so-called Pharma Package in June 2025, the Council and...
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December 12, 2025 at 7:56 PM
EU Pharma Package: Parliament and Council reach agreement to modernize EU pharmaceutical legislation - Key takeaways for pharma
Revised Guidance for AI-Assisted Inventions (Implements Executive Order 14179)
Revised Guidance for AI-Assisted Inventions (Implements Executive Order 14179)
In November 2025, a United States Patent and Trademark Office (USPTO) Alert was issued regarding revised inventorship guidance for AI-assisted...
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December 12, 2025 at 7:32 PM
Revised Guidance for AI-Assisted Inventions (Implements Executive Order 14179)
USPTO Issues Revised Inventorship Guidance, Eliminating Separate Standard for AI-Assisted Inventions
USPTO Issues Revised Inventorship Guidance, Eliminating Separate Standard for AI-Assisted Inventions
On November 28, 2025, the United States Patent and Trademark Office (USPTO) issued Revised Inventorship Guidance for AI-Assisted Inventions,...
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December 12, 2025 at 5:43 PM
USPTO Issues Revised Inventorship Guidance, Eliminating Separate Standard for AI-Assisted Inventions
Antitrust Risks and Compliance Strategies in Intellectual Property Portfolio Management
Antitrust Risks and Compliance Strategies in Intellectual Property Portfolio Management
This article analyzes how intellectual property portfolio management can simultaneously promote innovation and present potential antitrust...
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December 12, 2025 at 3:41 PM
Antitrust Risks and Compliance Strategies in Intellectual Property Portfolio Management
Reforming Hong Kong’s Registered Designs Regime for the Digital Economy
Reforming Hong Kong’s Registered Designs Regime for the Digital Economy
Hong Kong is undertaking a comprehensive review of its registered designs regime to align with international standards and strengthen legal...
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December 12, 2025 at 12:56 PM
Reforming Hong Kong’s Registered Designs Regime for the Digital Economy
Hot Topics in International Trade - December 2025 - Developing a Tequila Brand for Export from Mexico
Hot Topics in International Trade - December 2025 - Developing a Tequila Brand for Export from Mexico
The development of a tequila brand begins with a foundational step: registering a trademark in Mexico, the United States, or any other intended...
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December 12, 2025 at 12:40 PM
Hot Topics in International Trade - December 2025 - Developing a Tequila Brand for Export from Mexico
3 Intellectual Property Risks to Avoid When Developing AI Technologies in the Life Sciences
3 Intellectual Property Risks to Avoid When Developing AI Technologies in the Life Sciences
Introduction -
Artificial Intelligence (AI) is proliferating across the life science industry, accelerating drug design, diagnostics,...
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December 12, 2025 at 5:01 AM
3 Intellectual Property Risks to Avoid When Developing AI Technologies in the Life Sciences
Two Steps Forward and More to Go: IP Attaché Roundtable Summary
Two Steps Forward and More to Go: IP Attaché Roundtable Summary
On Tuesday, December 9, 2025, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) hosted its 19th Annual IP Attaché roundtable...
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December 11, 2025 at 9:04 PM
Two Steps Forward and More to Go: IP Attaché Roundtable Summary
What Businesses Should Know About Protecting Trade Secrets Under the Defend Trade Secrets Act
What Businesses Should Know About Protecting Trade Secrets Under the Defend Trade Secrets Act
When sensitive business information is taken or misused, companies often face a difficult combination of urgency and uncertainty. Trade secrets,...
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December 11, 2025 at 8:54 PM
What Businesses Should Know About Protecting Trade Secrets Under the Defend Trade Secrets Act
IPR estoppel doesn’t extend to ongoing ex parte reexamination
IPR estoppel doesn’t extend to ongoing ex parte reexamination
The US Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial & Appeal Board, concluding that inter partes review (IPR)...
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December 11, 2025 at 8:46 PM
IPR estoppel doesn’t extend to ongoing ex parte reexamination
Life Science Considerations on the USPTO’s New Guidelines for AI-Assisted Inventorship
Life Science Considerations on the USPTO’s New Guidelines for AI-Assisted Inventorship
On November 26, 2025, the United States Patent and Trademark Office (USPTO) issued revised guidelines for determining inventorship of AI-assisted...
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December 11, 2025 at 8:41 PM
Life Science Considerations on the USPTO’s New Guidelines for AI-Assisted Inventorship
From genus to subgenus: When written description and enablement demand more
From genus to subgenus: When written description and enablement demand more
The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a motion for judgment as a matter of law (JMOL), finding...
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December 11, 2025 at 8:41 PM
From genus to subgenus: When written description and enablement demand more
Identical Inventor Required to Exclude Prior Art
Identical Inventor Required to Exclude Prior Art
MERCK SERONO S.A. v. HOPEWELL PHARMA VENTURES, INC. - Before Hughes, Linn, and Cunningham. Appeal from the Patent Trial and Appeal Board. ...
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December 11, 2025 at 7:47 PM
Identical Inventor Required to Exclude Prior Art
Handling IP Rights in SaaS Contracts: Protecting Ownership in Vendor Agreements
Handling IP Rights in SaaS Contracts: Protecting Ownership in Vendor Agreements
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare?...
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December 11, 2025 at 7:09 PM
Handling IP Rights in SaaS Contracts: Protecting Ownership in Vendor Agreements
USPTO Guidance Provides New, Practical Pathways for AI and Software Eligibility
USPTO Guidance Provides New, Practical Pathways for AI and Software Eligibility
The United States Patent and Trademark Office (“USPTO” or the “Office”) released several memoranda[1] the week of December 1, 2025, providing a...
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December 11, 2025 at 7:08 PM
USPTO Guidance Provides New, Practical Pathways for AI and Software Eligibility
Blaze Marks and Written Description: Patent Drafting Lessons from Duke v. Sandoz
Blaze Marks and Written Description: Patent Drafting Lessons from Duke v. Sandoz
On November 18, 2025, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a precedential decision in Duke University,...
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December 11, 2025 at 7:02 PM
Blaze Marks and Written Description: Patent Drafting Lessons from Duke v. Sandoz
USPTO Director Institution Decisions: Back To The Future?
USPTO Director Institution Decisions: Back To The Future?
USPTO Director Squires recently published an open letter announcing that he was “Bringing the USPTO Back to the Future” by assuming...
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December 11, 2025 at 6:45 PM
USPTO Director Institution Decisions: Back To The Future?
AI Drug Discovery Tests the Limits of Patent Law
AI Drug Discovery Tests the Limits of Patent Law
AI speeds discovery, but unclear patent rights for AI-designed drugs threaten exclusivity, returns, and drug-development economics.
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December 11, 2025 at 6:45 PM
AI Drug Discovery Tests the Limits of Patent Law