The Accidental Disclosure Trap: How Generative AI Can Void Your Patent Rights
Generative AI tools such as ChatGPT, Gemini, and Claude are reshaping how inventors draft and refine technical disclosures, but they also create a hidden legal risk. Inputting a novel idea into a public‑facing AI model can be interpreted as a public disclosure, potentially voiding patent rights before a filing date. While the U.S. offers a 12‑month grace period for inventor‑made disclosures, most foreign jurisdictions enforce strict novelty, meaning any premature exposure can permanently bar protection. The article outlines steps to safeguard intellectual property while still leveraging AI productivity.
Equitable Estoppel Does Not Waive Privilege
The district court in A.L.M. Holding Co. v. Zydex Industries ruled that attorney‑client privilege remains intact despite Zydex’s equitable estoppel defense. Zydex sought to use privileged counsel communications to rebut the estoppel claim, but the court held that privilege cannot...
Prince’s Estate Settles Trademark Lawsuit
Prince’s estate and actress‑singer Patty Kotero, known as Apollonia, have reached a confidential settlement that ends a trademark lawsuit over the “Apollonia” name. The dispute began when the estate filed a 2025 trademark for clothing and entertainment services, prompting Kotero...
FDA Approves First Interchangeable Biosimilars to Simponi and Simponi Aria; Janssen Seeks a Preliminary Injunction to Block Their Launch
The FDA approved Accord BioPharma’s IMMGOLIS™ and IMMGOLIS INTRI™ as the first interchangeable biosimilars to Janssen’s Simponi® and Simponi ARIA® on May 15, 2026. Both products treat moderately to severely active rheumatoid arthritis, and IMMGOLIS also covers ulcerative colitis. Accord will commercialize the drugs...
What the Federal Circuit’s Poultry Patent Ruling Says About 'About'
On May 4, 2026 the Federal Circuit issued its decision in Enviro Tech Chemical Services Inc. v. Safe Foods Corp., holding that approximation terms such as “about” are permissible only when the patent record supplies a clear technical context. The court found...
Don't Poke the Beaver: Inside Buc-Ee's Fight to Protect Its Iconic Logo
Buc‑ee’s has filed federal trademark infringement lawsuits against two regional convenience‑store chains—Mickey’s in Ohio and Teddy’s in Georgia—claiming their animal mascots are confusingly similar to its iconic beaver logo. The complaints allege that the moose and koala designs, color schemes,...
![[Video] The Briefing: UMG V. Quince: When Trending Audio Becomes Copyright Infringement](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.15496_4323.png)
[Video] The Briefing: UMG V. Quince: When Trending Audio Becomes Copyright Infringement
Weintraub Tobin’s latest Briefing dissects the UMG Records v. Last Brand lawsuit, which accuses influencer‑marketing firm Quince of using unlicensed music in social‑media campaigns. The discussion highlights that music libraries provided by platforms do not automatically grant commercial clearance, and...
What’s Trending in Trademarks: May 2026
May’s trademark roundup highlights a shift toward proactive brand defense. The TTAB’s Everwise Credit Union ruling rejects token use and demands genuine marketplace presence before a statement of use is accepted. Taylor Swift’s new sound‑ and image‑mark filings illustrate how trademark...
Wrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPR
The Federal Circuit reversed a district court’s award of attorneys’ fees under 35 U.S.C. § 285 and sanctions under 28 U.S.C. § 1927 in mCom IP, LLC v. City National Bank of Florida. The court held that merely pursuing claims that survived an inter‑partes review does...
Brand Protection Online: Enforcement Options for Domain Name Takedowns
Trademark owners facing unauthorized use of their marks in domain names have a tiered toolbox: they can request suspension from registrars or hosts, negotiate directly with the registrant, pursue fast arbitration under UDRP or CDRP, or, if needed, file court...
Standing on Solid Ground: Constitutional Standing in Patent Disputes
The Federal Circuit reversed a district‑court dismissal in A.L.M. Holding Co. v. Zydex Industries, holding that patent owners who retain enforcement rights, a continuing royalty stream, and control over sublicensing maintain constitutional standing to sue for infringement. The court emphasized...
Patent Case Summaries | Week Ending May 15, 2026
The weekly Patent Case Summaries report that the Federal Circuit affirmed the ITC’s exclusion of Tineco’s original wet‑dry cleaners in Bissell v. ITC, upheld Actelion’s loss on claim‑construction and prosecution‑history estoppel, and confirmed the dismissal of mCom’s infringement suit with...
Federal Circuit Affirms $42 Million Damages Award Where Expert Sufficiently Apportioned Damages to the Value of the Patented Feature
The Federal Circuit affirmed a $42 million reasonable‑royalty award in Willis Electric Co. v. Polygroup Ltd., confirming damages tied to a dependent claim covering coaxial trunk connectors in artificial pre‑lit Christmas trees. The jury relied on expert Michele Riley’s income‑based apportionment,...
Winning Strategies for IP Enforcement at the U.S. International Trade Commission
Knobbe Martens’ IP+ podcast episode outlines when and how companies should use the U.S. International Trade Commission for IP enforcement. The hosts explain exclusion orders versus district‑court injunctions, the domestic‑industry requirement, and the Federal Circuit’s recent Lashify decision that broadens that...
Shocking: Fifth Circuit Affirms Disgorgement Award Based on Willful Infringement
The Fifth Circuit affirmed a district court finding that Golf Carts of Cypress and Trojan EV infringed Trojan Battery’s federally registered TROJAN trademarks, upholding a disgorgement award based on willful infringement. The court confirmed liability despite limited proof of actual consumer...
Major Publishers Challenge AI Training Practices in Landmark Copyright Suit Against Meta
On May 5, 2026, five leading publishers—Elsevier, Cengage, Hachette, Macmillan and McGraw Hill—joined bestselling author Scott Turow in filing a putative class action against Meta Platforms and CEO Mark Zuckerberg. The complaint alleges Meta torrented millions of copyrighted books and journal articles from pirate sites...
Latest Federal Court Cases: Actelion Pharms. Ltd. V. Mylan Pharms. Inc.
The Federal Circuit affirmed a district court ruling that Mylan’s generic hypertension drug does not infringe Actelion’s patents covering Veletri® because the claim term “pH of 13 or higher” must be measured at a standard temperature of 25 ± 2 °C. The court...
If AI Can Be Rightfully Named As A Joint Inventor, Is The Patent Invalid?
The Federal Circuit’s decisions in Thaler v. Vidal and Fortress Iron v. Digger Specialties together block AI from being listed as a joint inventor on U.S. patents. Thaler held that only natural persons can satisfy the statutory inventor definition, while...
A Bitter pH-Ill to Swallow: Federal Circuit Affirms Mylan’s Win Over Actelion’s Epoprostenol Drug Patents
The Federal Circuit upheld a district court ruling that Mylan’s generic version of Actelion’s Veletri® does not infringe the ‘802 and ‘227 epoprostenol patents. The court interpreted the claim term “pH of 13 or higher” as a measurement taken at...
PTAB Denies Institution of One Elevidys® IPR and Institutes Another
The PTAB issued bulk‑order decisions on two inter partes reviews filed by Sarepta Therapeutics against Genzyme’s patents covering the Elevidys gene‑therapy platform. It denied institution of IPR 2026‑00149 challenging Patent 12,013,326 for rAAV particle characterization, finding an insufficient likelihood of success. It granted...
PTAB Update | April 2026
The USPTO announced a new “pre‑order” paper that patent owners can file before the office decides whether to institute an ex‑parte reexamination (EPR). The move responds to a sharp decline in inter‑partes review (IPR) and a surge in EPR filings,...
![[Audio] Unexpected Paths to IP Law with Kevin MacDonald](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.16301_4225.jpg)
[Audio] Unexpected Paths to IP Law with Kevin MacDonald
Wolf Greenfield’s biotechnology practice spotlighted shareholder Kevin MacDonald, a former life‑science analyst who transitioned from a PhD in parasitology to IP law. The firm’s podcast, “IP Talk with Wolf Greenfield,” chronicles his academic journey, stint at the British Consulate‑General, and current role advising...
The Multifaceted Nature of Government Contracts Practice
Government contracts law stretches far beyond bid protests, encompassing intellectual property, cybersecurity, export controls, labor, and M&A throughout a contract’s life. Federal procurement alone tops $800 billion annually, with state and local spending adding hundreds of billions, making the arena a...
Don’t Put All Your Eggs in One Basket: Patent Claim Strategies for Medical Device and Consumer Health Companies
The PTAB invalidated all 14 claims of U.S. Patent 9,308,138 in IPR2024‑01487, a patent covering a layered absorbent article used in incontinence pads. The board found the claims either anticipated or obvious over prior‑art references, overturning Essium’s infringement suit against First...
AI Legal Watch: May 2026
On April 9, 2026, xAI filed a federal suit to block Colorado’s AI Act (SB 24‑205) before its June 30 effective date, arguing the law’s high‑risk AI restrictions and $20,000 per‑violation penalties are overly burdensome. The act mandates disclosure, impact assessments, and anti‑discrimination safeguards...
USPTO Details Broad Principles of Discretionary Denial in AIA Proceedings
On May 14, 2026 the USPTO issued a precedential decision in an inter partes review that clarifies the Director’s discretionary authority to deny institution of AIA proceedings. The ruling frames the PTAB as a narrow, public‑interest‑driven alternative to district‑court litigation,...
The Pitch - April 2026
The April 2026 entertainment roundup spotlights a wave of legal and financial upheavals across music and sports. High‑profile artists such as Taylor Swift are filing sound‑trademark applications to shield their voices from AI, while record labels scramble to embed AI‑training...
Great Bowery Inc. V. Consequence Sound LLC
The Eleventh Circuit Court of Appeals vacated a district‑court summary judgment that had dismissed Great Bowery Inc.'s copyright infringement suit against Consequence Sound. The appellate court held that Great Bowery, as an exclusive licensee of photographer Annie Leibovitz, retains statutory...
![[Audio] New Preorder Patent Owner Rights in Ex Parte Reexamination — Patents: Post-Grant Podcast](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.14355_0412.jpg)
[Audio] New Preorder Patent Owner Rights in Ex Parte Reexamination — Patents: Post-Grant Podcast
The USPTO issued a new director memo that introduces preorder patent‑owner rights in ex parte reexamination, allowing owners to submit a request before any third‑party challenger. The memo outlines procedural steps and clarifies when the preorder can affect the examiner’s...
[Video] The Briefing: Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right
The Tenth Circuit issued a landmark ruling in Whyte Monkee Productions v. Netflix, reaffirming fair‑use protections for documentary filmmakers. The opinion, influenced by the Supreme Court’s Warhol v. Goldsmith decision, overturns earlier concerns sparked by the Tiger King copyright dispute. By...
Taylor Swift, Trademarks, and the Pursuit of a Federal Right of Publicity
Taylor Swift has filed federal trademark applications covering her spoken voice, on‑stage image, and related sound marks to block AI‑generated imitations. The move follows a broader trend of celebrities using trademark law as a nationwide right of publicity, supplementing the fragmented...
Bottom Line: “Bum Bum” Packaging Falls Flat on Trade Dress Protection
The Southern District of New York ruled that Sol de Janeiro’s “Brazilian Bum Bum Cream” jar is functional and therefore ineligible for trade‑dress protection under the Lanham Act. The court granted summary judgment to Apollo Healthcare, dismissing SDJ’s infringement counterclaim....
The Coming Wave of U.S.-China AI Trade Secret Litigation—What Companies Should Be Doing Now
Artificial intelligence disputes are shifting from copyright to trade‑secret claims as companies recognize that datasets, model‑training methods, and prompt libraries constitute their most valuable assets. The U.S.–China AI ecosystem amplifies this risk, with cross‑border collaborations, employee mobility, and tightening export...
Patent Case Summaries | Week Ending May 8, 2026
The Federal Circuit affirmed a district court’s ruling that the term “about” in Enviro Tech Chemical Services’ patent claim—covering a pH range of about 7.6 to about 10 for peracetic‑acid‑treated poultry—was indefinite. The court found the specification offered conflicting experimental guidance and...
Drilling for Gold: How the Next Geothermal Rush Is Creating a New Patent Battleground
Geothermal drilling, once hampered by $30 million costs and a 60 % success rate, is gaining traction as new technologies lower risk. AI‑driven exploration, advanced drilling workflows, and closed‑loop reservoirs are creating defensible intellectual property that separates capital‑rich firms from laggards. Zanskar...
One Frame Is Enough: Second Circuit Narrows De Minimis Use, Limits Fair Use at Pleading Stage
Second Circuit reversed a district court’s dismissal of a copyright suit against Townsquare Media, holding that republishing an entire Michael Jordan video was not fair use and that single‑frame screenshots from a viral interview were not de minimis. The court emphasized...
It’s Not a Trap: A Shared Copyright License Can Still Be Exclusive
The Eleventh Circuit in Great Bowery Inc. v. Consequence Sound clarified that a copyright license can remain exclusive even when the owner retains certain rights or has granted prior non‑exclusive licenses. The district court had dismissed Great Bowery’s infringement claim,...
Using “Schedule A” Litigation to Combat Online Trademark Infringement
Schedule A litigation is a streamlined trademark infringement strategy that lets plaintiffs sue hundreds or thousands of online “hit‑and‑run” counterfeit sellers in a single federal action, usually filed in the Northern District of Illinois. By attaching a Schedule A list...
Who Owns the Copyright Under the Work-for-Hire Doctrine?
The work‑for‑hire doctrine shifts copyright ownership from the creator to the employer or commissioning party the moment a qualifying work is fixed. In Texas, employee‑created works are automatically work‑for‑hire, while commissioned works must fall within nine statutory categories and be...
The Sports Law Playbook: 2026 FIFA World Cup and Unauthorized Marketing
The 2026 FIFA World Cup will be surrounded by a tangled legal framework that blends state right‑of‑publicity statutes, the federal Lanham Act’s false‑endorsement provisions, and FIFA’s aggressive trademark‑enforcement program. Advertisers who use a player’s likeness or any World Cup branding...
![[Video] Words Matter: How to Draft Arbitration Agreements That Hold Up in Court - Employment Law This Week®](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.11535_5738.jpg)
[Video] Words Matter: How to Draft Arbitration Agreements That Hold Up in Court - Employment Law This Week®
Employers are warned that vague arbitration clauses—especially around discovery, confidentiality, neutrality, and mutuality—can be easily challenged in court. The episode highlights the pitfalls of relying on AI‑assisted drafting, which may overlook emerging legal arguments. Attorneys Jonathan M. Brenner and Victoria...
Hard “G” Beats Soft “J”: GASPER ROOFING Escapes JASPER Confusion Block
The Trademark Trial and Appeal Board (TTAB) overturned a USPTO examiner’s refusal to register GASPER ROOFING, finding it not confusingly similar to JASPER CONTRACTORS despite identical roofing services. The Board emphasized the hard “g” in GASPER versus the soft “j” in JASPER,...
Intellectual Property as a Value Driver and Risk Factor in Life Sciences Venture Investment: A Ten-Issue Due Diligence Framework
The article presents a ten‑issue framework for evaluating intellectual property (IP) in life‑sciences venture investments, emphasizing that IP quality drives company valuation, competitive moat, and exit potential. It details how each issue—ranging from freedom‑to‑operate and claim scope to ownership chain,...
“Alright, Alright, Alright,” — Taylor’s Version. Taylor Swift Follows Matthew McConnaughey’s Novel Approach to Using Trademark Rights to Enforce Against...
On April 24, 2026, Taylor Swift’s company TAS Rights Management filed three trademark applications with the USPTO—two sound marks capturing her spoken greetings and a design mark of a live‑performance photo. The filings echo actor Matthew McConaughey’s recent move to use...
The DTSA Turns Ten: What a Decade of Litigation Tells Us
The Defend Trade Secrets Act (DTSA) marked its ten‑year anniversary, having introduced a federal civil cause of action for trade‑secret misappropriation that replaced a fragmented state‑law regime. Passed with near‑unanimous bipartisan support, the law saw its first ruling within a...
Tenth Circuit Affirms Fair Use of Archival Footage in Tiger King Copyright Dispute
The 10th U.S. Circuit Court of Appeals affirmed summary judgment for Netflix in Whyte Monkee Productions v. Netflix, ruling that the 66‑second funeral clip used in the documentary series "Tiger King" qualifies as fair use. The court held that all...
USPTO Extends Fast-Track Appeals Pilot Program With Four-Month Decision Target
The USPTO has extended its Fast‑Track Appeals Pilot through May 6 2028 and tightened the decision deadline to four months from petition entry, down from six months. Since its launch in July 2020, the PTAB has decided 596 fast‑track appeals, averaging about three...
Spotlight On: Humira® (Adalimumab) / Amjevita™ (Adalimumab-Atto) / Cyltezo® (Adalimumab-Adbm) / Hyrimoz™ (Adalimumab-Adaz) / Hadlima™ (Adalimumab-Bwwd) / Abrilada™ (Adalimumab-Afzb) /...
Legal analysis released on May 11, 2026 details how claims against adalimumab patents—including Humira and its biosimilars—are tallied across Inter‑Partes Reviews (IPRs) and infringement lawsuits. The methodology counts each claim once per litigation or IPR, but duplicates across separate proceedings are counted...
Spotlight On: Rituxan® (Rituximab) / Truxima® (Rituximab-Abbs) / Ruxience® (Rituximab-Pvvr) / Riabni™ (Rituximab-Arrx) - May 2026
The May 2026 Spotlight On piece examines how the core rituximab patents behind Rituxan®, Truxima®, Ruxience® and Riabni™ are being contested in both inter partes reviews (IPRs) and federal litigation. It explains that each claim is tallied separately in every proceeding,...
Spotlight On: Biosimilar Litigations - May 2026
The May 2026 Venable LLP update delineates which disputes qualify as biosimilar litigations. It includes lawsuits between biosimilar applicants or manufacturers and reference‑product sponsors, as well as conflicts among biosimilar firms themselves. It expressly excludes disputes solely between reference‑product sponsors, university‑sponsor...