The Supreme Court Changes the Landscape for Contributory Liability
The U.S. Supreme Court in Cox Communications v. Sony Music narrowed contributory copyright liability to cases where a provider intentionally facilitates infringement. The Court rejected the Fourth Circuit’s knowledge‑plus‑continued‑service test, establishing two intent‑based pathways: affirmative inducement and a service tailored to piracy. Cox was cleared because its internet service has substantial lawful uses and lacked any intent to promote infringement. The ruling emphasizes that mere awareness of infringement does not create liability.
![[Audio] 'Urgent National Action to Save College Sports': Trump’s NIL Playbook — Highway to NIL 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] 'Urgent National Action to Save College Sports': Trump’s NIL Playbook — Highway to NIL Podcast
In a recent Highway to NIL podcast, Troutman Pepper Locke attorneys dissect President Donald Trump’s new executive order titled “Urgent National Action to Save College Sports.” The order calls for a unified national framework governing name, image, and likeness (NIL) deals,...
Failed Arguments, Lasting Consequences: Prosecution Disclaimer in Puradigm V. DBG
The Federal Circuit affirmed summary judgment of noninfringement in *Puradigm, LLC v. DBG Group Investments*, holding that a prosecution‑history disclaimer narrowed the claim term “specular UV reflector.” The disclaimer stemmed from the applicant’s earlier argument distinguishing specular reflectance from mere...
2025 Post-Grant Annual Report
John A. Squires was confirmed as the 60th Director of the USPTO in September 2025, bringing a free‑market, AI‑focused agenda. Since taking office, he has centralized PTAB institution decisions, tightened real‑party‑interest disclosures, and issued a rule limiting inter‑ partes review...
New Procedure for Ex Parte Reexaminations: Patent Owners May File 'Pre-Order' Papers Prior to the Substantial New Question Determination
The USPTO announced a new ex parte reexamination framework that lets patent owners submit a limited “pre‑order” paper before the Office decides if a substantial new question exists. The option applies to requests filed on or after April 5 2026 and must be...
![[Video] March Madness or Trademark Madness? The NCAA V. DraftKings Lawsuit](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.15496_4323.png)
[Video] March Madness or Trademark Madness? The NCAA V. DraftKings Lawsuit
The NCAA has filed a lawsuit against DraftKings alleging trademark infringement for the fantasy‑sports platform’s use of the phrase “March Madness.” The league argues the usage creates a false association and dilutes its brand, while DraftKings contends the term is...
Space Force Awards Kratos $447 Million Contract for Missile Warning Tracking
The U.S. Space Force awarded Kratos Technology & Training Solutions a $447 million Other Transaction Agreement to build a ground‑management integration system for its missile‑warning satellites. The contract will initially support the 12‑satellite Epoch 1 constellation slated for launch in 2027‑28, followed...
Mexico Publishes Amendments to Intellectual Property Law
On 3 April 2026 Mexico published amendments to its Federal Law for the Protection of Industrial Property, introducing a suite of procedural tools aimed at greater flexibility and speed in patent prosecution. The changes allow restoration of priority rights within two months,...
Augusta National Blazes a Trail to Registration of Its Iconic Green Jacket
Augusta National Golf Club has officially registered the iconic green‑and‑gold jacket color scheme as a federal trademark, covering both sponsorship promotion (International Class 035) and tournament organization (International Class 041). The registration, filed under application number 88310303, follows more than 70 years of...
What's Patentable About Software?
Software patents protect functional aspects of programs, not just code, allowing owners to block competitors even if they develop similar solutions independently. While the USPTO still grants patents for new, useful, non‑obvious inventions, recent guidance tightens the "useful" requirement and...
Readily Ascertainable - WilmerHale's Trade Secret Bulletin: January and February 2026
The Federal Circuit, Fifth Circuit, Seventh Circuit, and district courts issued several 2026 decisions clarifying trade‑secret law. Courts emphasized that plaintiffs must precisely define alleged secrets, apportion damages to each proven secret, and provide technical details rather than functional descriptions....
Federal Circuit: Info Exchange Patent Fails Section 101, and Michigan Won the National Championship
The U.S. Federal Circuit upheld the PTAB’s rejection of Brian McFadden’s patent for an information‑exchange apparatus, finding the claims abstract under the Alice framework. The court emphasized that generic software performing mathematical calculations does not supply an inventive concept, and it...
Where Are We on Copyright and AI in the UK
The UK government has issued a Report and Economic Impact Assessment on copyright use in AI, abandoning its earlier preference for a broad text‑and‑data‑mining (TDM) exception with an opt‑out. Instead, it will adopt a "wait‑and‑see" stance, allowing industry‑led licensing schemes...
Analyzing SEPs: Strategies To Avoid Or Prepare For Litigation
Standard‑essential patent (SEP) licensing and litigation remain a dominant legal focus, affecting companies that embed standardized technologies in their products. The article outlines proactive strategies—such as early licensing negotiations, rigorous SEP portfolio tracking, and leveraging FRAND commitments—to mitigate the risk...
![[Podcast] When Creativity Meets Code: Copyright and Trademark Troubles with AI-Generated Material](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.14750_4752.jpg)
[Podcast] When Creativity Meets Code: Copyright and Trademark Troubles with AI-Generated Material
Businesses are rapidly adopting generative AI tools to craft brand names, logos, and product designs, dramatically speeding up creative workflows. This surge raises complex legal questions about who holds copyright and trademark rights when AI contributes to the work. The...
Argentina Repeals Pharmaceutical Patent Examination Guidelines
Argentina repealed its 2012 pharmaceutical patent examination guidelines on March 18, 2026, fulfilling commitments under the US‑Argentina Reciprocal Trade and Investment Agreement to harmonize IP standards. The outdated rules had excluded patents on crystalline forms, enantiomers, formulations and other biotech inventions, limiting...
USPTO Issues Updated Guidance on Patent Reexamination Practice
On April 1, 2026 the USPTO released new guidance that creates a “pre‑order” briefing option for patent owners in ex parte reexamination proceedings. Owners can submit a 30‑day, 30‑page brief before the agency decides on a third‑party request, influencing the Substantial New...
Aerospace Update | March 2026
The University of Alabama in Huntsville and aerospace firm ASKA are negotiating a joint drive‑and‑fly aircraft project, emphasizing the need for clear IP ownership, especially when public funds are involved. Concurrently, the ongoing war in Iran is accelerating demand for...
The Lion King Chant Roars Into Federal Court
South African composer Lebo M has filed a federal lawsuit against comedian Learnmore Jonasi, alleging the comedian’s viral joke mis‑translating the iconic Lion King chant damaged his reputation and commercial prospects. The complaint, filed in the Central District of California, seeks more...
Apple Verdict May Inform Jury Instruction in Patent Suits
A Texas jury cleared Apple of infringing Optis Wireless’s standard‑essential 4G patents, but the case reshaped how courts must instruct juries on § 101 eligibility. The Federal Circuit’s 2025 opinion required Step 2 instructions to explicitly identify the abstract idea and exclude...
EU Design Act: Designing the Future - Why the EU Design Act Matters for Medical Devices
The EU Design Act, taking effect on 1 May 2025 with technical rules due 1 July 2026, modernises EU design protection to cover digital and dynamic elements. It extends coverage to medical software interfaces, dashboards, and animations, and strengthens enforcement against unauthorised CAD files...
Latest Federal Court Cases: Fortress Iron, LP V. Digger Specialties, Inc.
The Federal Circuit affirmed a district court ruling that Fortress Iron's patent was invalid because it omitted a co‑inventor, Huang, and the error could not be corrected under 35 U.S.C. § 256(b). The court held that an inventor is a “party concerned” for...
USPTO Issues Final Rule Requiring U.S.-Registered Patent Practitioner Representation for Foreign Applicants and Patent Owners
The USPTO issued a Final Rule on March 20, 2026 requiring any foreign‑domiciled patent applicant, inventor, or owner to be represented by a U.S.-registered patent attorney or agent for all submissions. The rule takes effect on July 20, 2026 and applies to every filing...
From Content Creation to the Courtroom: Influencer Liability for Promoting Counterfeit Goods
Nike won an $11 million jury verdict against influencer Nicholas Tuinenburg for willful counterfeiting and trademark infringement, marking a pivotal court decision in March 2026. The Central District of California held the creator of “Divide The Youth” liable for promoting counterfeit Nike...
Court Largely Grants Class Certification, But Narrows Walker Process Claims over Biologic Drug Stelara on Summary Judgment
The Eastern District of Virginia granted class certification for CareFirst’s Sherman Act claims against Johnson & Johnson, covering roughly 90‑95% of third‑party payers affected by Stelara. The court denied both parties’ motions for summary judgment on market power, leaving factual...
Patentability of AI Related Inventions
The USPTO, under new Director John Squires, has signaled a shift toward accepting AI‑related patent applications by overturning overly broad Section 101 rejections and emphasizing traditional novelty, obviousness, and disclosure standards. The agency now evaluates AI inventions primarily on whether they...
Litigation Update | March 2026
The latest litigation update highlights several pivotal rulings and policy shifts affecting patent practice. The Federal Circuit affirmed that means‑plus‑function claims require a clear justification for omitted structural elements, while a software claim was invalidated at Alice step one for...
Trademark & Brand Protection Update | March 2026
The Trademark Trial and Appeal Board is reviewing a Blockbuster trademark dilution case that could broaden dilution protection by allowing companies to cite historic success as evidence of current fame. A ruling could reshape trademark filing and enforcement strategies across...
Supreme Court Narrows Contributory Copyright Infringement Liability for Service Providers
The U.S. Supreme Court unanimously narrowed contributory copyright infringement liability for service providers in Cox Communications v. Sony Music. The Court held that mere knowledge of infringement is insufficient; liability requires either active inducement or a service tailored to infringe....
Negotiating AI Provisions in Commercial and Technology Contracts: Where the Market Is Heading
Two years ago AI clauses were an afterthought, but today’s enterprise deployments demand contracts that reflect the technology’s autonomy. The traditional SaaS model—where vendors host the model and buyers merely access it—assumed human oversight at every decision point. With agentic...
The Precedent: Federal Circuit Corrects PTAB's Grammar-Based Claim Construction in Netflix, Inc. V. DivX, LLC
The Federal Circuit reversed the PTAB’s claim construction in Netflix, Inc. v. DivX, LLC, holding that the phrase “within the requested portions of the selected stream of protected video” modifies the encrypted portions of video frames rather than the encryption...
Patenting the Quantum Future – Practical Tips Based on PTAB Decisions
Patent activity in quantum computing is accelerating as the sector moves toward commercial products. Recent PTAB rulings reveal that many quantum‑related applications encounter the same eligibility and claim‑drafting hurdles seen in software patents, but amplified by the field’s reliance on...
Protecting Creativity in a Digital Age: Hong Kong Rethinks Its Registered Designs Regime
On 17 December 2025 Hong Kong launched a public consultation to overhaul its Registered Designs Ordinance, first enacted in 1997. The review proposes broader definitions of “design” and “article,” removal of the industrial‑process requirement, and inclusion of colours and virtual designs. It...
White House Unveils National AI Legislative Framework
The White House released a National Policy Framework for Artificial Intelligence urging Congress to preempt fragmented state AI laws and adopt a uniform, minimally burdensome national standard. It recommends creating regulatory sandboxes for innovation, using existing agencies rather than a...
UPC Structure – Local, Regional And Central Divisions And Court Of Appeal, Judges & Languages (UPDATED)
The Unified Patent Court (UPC) operates a two‑tier system: a Court of First Instance split into local, regional and central divisions, and a Court of Appeal seated in Luxembourg. The central division is anchored in Paris with additional seats in...
PR Supreme Court: Written Consent Needed to Use Images of Employees, Contractors Commercially
The Puerto Rico Supreme Court ruled in Friger Salgueiro v. Mech‑Tech College that commercial image rights can be transferred only through a written agreement, regardless of whether the individual is an employee or contractor. Verbal consent or implied permission does...
At the Border, Not Just Court: Why Lashify May Expand the ITC’s Role in Patent Enforcement
The Federal Circuit’s 2025 decision in Lashify, Inc. v. ITC broadened the economic prong of the domestic‑industry requirement, allowing all U.S. labor and capital—including warehousing, marketing and distribution—to count toward eligibility for Section 337 relief. This change enables more patent owners...
How Can I Quickly Get a Patent in Germany?
Companies needing fast German patent protection can choose between a utility model and accelerated examined patents. A utility model registers in 2–8 weeks for about $33 and offers immediate enforceable rights but only for products and a 10‑year term. Accelerated...
Key Takeaways: AI-Assisted Innovation and Patent Protection in Biotech
AI‑assisted tools are reshaping biotech research, delivering faster discovery and more complex experiments. A recent Sterne Kessler webinar clarified that U.S. patent law still requires a human to be named as inventor, even when AI contributes substantially. Inventorship is judged claim‑by‑claim,...
Under the Hood: Leveraging Anonymous Ex Parte Reexamination
Anonymous ex parte reexamination is gaining traction as a strategic tool that lets challengers pressure patent owners without revealing their identity. USPTO data shows a notable rise in reexamination filings in early FY2026, though anonymous requests remain a minority. The...
It's About What You Know
The Eastern District of Texas dismissed pre‑suit willful and induced infringement claims against Taiwan Semiconductor Manufacturing where the plaintiff relied only on knowledge of a related patent application. However, the court allowed claims to proceed for patents where the plaintiff...
Less Guidance on Fair Dealing and TPMs?
On March 19, 2026, the Canadian Federal Court of Appeal set aside two declarations issued by Justice Roy that had classified Parks Canada’s use of a password to access Blacklock’s pay‑walled articles as fair dealing and not a TPM circumvention....
AI News Roundup – OpenAI Discontinues Sora App and Shifts Priorities, Arm to Develop AI CPUs, Study Warns Against Sycophantic...
OpenAI announced it will discontinue its Sora video‑generation app, citing high compute costs and limited monetization, as it pivots toward business‑focused offerings ahead of a planned 2026 IPO. Arm Holdings revealed it will produce its own AI‑optimized CPUs, the Arm...
Congressional Oversight Hearing Highlights Continued PTAB Policy Fault Lines
At a March 25, 2026 House Judiciary oversight hearing, USPTO Director John Squires defended the Patent Trial and Appeal Board’s discretionary denial and institution practices, emphasizing a “one, join, and done” approach to curb serial petitions. Lawmakers pressed for greater transparency, criticizing brief...
Accord, Intas, and Bio-Thera File Four IPRs Against Janssen Golimumab Patents
Accord BioPharma, Intas Pharmaceuticals and Bio‑Thera have filed four Inter Partes Review petitions challenging four Janssen patents covering golimumab treatment methods for ankylosing spondylitis and psoriatic arthritis. The petitioners contend that the claims are anticipated or obvious based on publicly...
[Audio] Subject Matter Eligibility Challenges in Post-Grant Proceedings — Patents: Post-Grant Podcast
The Post‑Grant Podcast episode hosted by Andy Zappia and Nick Gallo examines how Section 101 subject‑matter eligibility intersects with post‑grant review (PGR) practice. It outlines the nine‑month filing window, the broad estoppel effect, and strategic considerations for raising eligibility challenges at...
PMPRB Consults on Proposed Practice Directions for PMPRB Hearings
The Patented Medicine Prices Review Board (PMPRB) released seven proposed Practice Directions to modernize its hearing procedures. It proposes default paper hearings for evidentiary matters, electronic filing, standardized motions, AI disclosure, virtual oral arguments, and an expedited failure‑to‑file process with...
Freeman V. Deebs-Elkenaney
The district court granted summary judgment to the defendants, concluding that Lynne Freeman’s unpublished YA paranormal romance drafts and Tracy Wolff’s bestselling *Crave* series are not substantially similar. The court held that shared elements—such as a teenage heroine discovering supernatural...
USPTO Launches AI Examination Tools – What This Means for Trademark Applicants
On March 19, 2026 the U.S. Patent and Trademark Office unveiled Class ACT, an AI‑driven tool that instantly assigns international classes, design‑search codes, and pseudo‑marks to trademark filings. The automation compresses a process that once took up to five months...
PTAB Issues Judgment on Priority in CRISPR Interference
The Patent Trial and Appeal Board (PTAB) issued a new judgment granting priority for CRISPR technology to the Broad Institute, reaffirming its claim despite a recent Federal Circuit decision that vacated and remanded the case. The board applied 37 C.F.R....
