Code, Copies, and Consequences: $185 Million Verdict Uninstalled!
The Federal Circuit overturned a $185 million jury verdict against Gen Digital, ruling that damages based on foreign software sales were improper because the infringing copies were installed abroad. The court affirmed the jury's finding of willful infringement but vacated enhanced damages and remanded for further Alice‑step‑two eligibility analysis. It emphasized that U.S. patent law applies only to software copies made or used within the United States. The decision also highlighted that damage theories not presented to the jury cannot be recovered.
Please Leave a Message: Judge Hellerstein Finds Claims Directed to Missed-Call Categorization to Be Abstract
District Judge Alvin K. Hellerstein dismissed Missed Call, LLC’s infringement suit against CloudTalk.io, Inc., ruling the ’872 Patent abstract under the Alice framework. The patent, which categorizes missed calls as urgent or non‑urgent based on termination source, was found to...
Drafting a Cease and Desist Letter: What to Include and Avoid
Cease‑and‑desist letters are a primary tool for addressing alleged misconduct such as IP infringement, contract breaches, or trade‑secret misappropriation before litigation. Effective letters require precise identification of parties, accurate factual descriptions, and clear, specific demands backed by solid legal authority....
Conflict of Interest Does Not Automatically Extinguish Attorney-Client Privilege
The Federal Circuit reversed a district court order that forced Norton’s counsel, Quinn Emanuel, to disclose privileged communications with a former employee, Dr. Dacier, after finding a conflict of interest did not automatically terminate attorney‑client privilege. Columbia University’s suit over...
IP Considerations Following FDA Announcement on Flexibility for Cell and Gene Therapies
The FDA announced new guidance that expands flexibility in chemistry, manufacturing, and controls (CMC) for cell and gene therapies (CGTs) across their development lifecycle. Sponsors can now defer full cGMP compliance until later trial phases and make iterative manufacturing changes...
Gaming Industry IP News: Copyright Enforcement Service Targets Minecraft-Like Game, Nintendo Continues to Combat Switch Emulators, Valve Secures Court Victory,...
Recent developments highlight the growing tension between AI-driven copyright enforcement and the gaming industry, as Tracer.AI’s automated claim briefly removed the Minecraft‑style indie title Allumeria. Nintendo intensified its anti‑emulation campaign, issuing DMCA notices to GitHub to shut down Yuzu and...
Squires Orders Rehearing to Address Obviousness-Type Double Patenting
On March 5, 2026 USPTO Director John Squires granted a sua sponte rehearing to review the PTAB’s decision overturning obviousness‑type double patenting (OTDP) rejections in the Ex Parte Baurin case. The PTAB found the reference patent was not a proper OTDP reference because its...
SkyBell Technologies V. Alarm.com: Reverse Engineering Prohibitions and the Statute of Limitations Discovery Rule in Trade Secrets Litigation
The Eastern District of Virginia ruled in SkyBell Technologies v. Alarm.com that the plaintiff’s trade‑secret claims were not time‑barred despite Alarm.com’s statute‑of‑limitations argument. SkyBell, which licensed its video‑doorbell technology to Alarm.com under a 2015 Development and Integration Agreement, terminated the...
Trump Administration AI Policy Framework Calls on Congress to Enact Legislation
On March 20, 2026 the Trump administration unveiled a National AI Policy Framework containing over two dozen recommendations for Congress, organized around the “5 Cs” of child safety, communities, creators, censorship, and competitiveness. The document emphasizes deregulation, limited preemption of state AI laws,...
Federal Circuit Widens Net for Corresponding Structure Under §112(f) – Three Takeaways for Patent Counselors
The Federal Circuit reversed a district‑court ruling in Gramm v. Deere, holding that a structure can qualify as corresponding structure under 35 U.S.C. §112(f) even if the patent specification describes additional, unclaimed functions. The court clarified that indefiniteness analysis must focus...
What’s Trending In Trademarks // March 2026
A wave of early‑2026 decisions reshapes trademark and AI copyright law. A federal judge blocked OpenAI from using the name “Cameo” on its Sora video‑generation feature, underscoring the need for rigorous trademark clearance. The Supreme Court declined to review a...
Eastern District of Texas Tosses Random Chat's "Random Chat" Patent Under Section 101
The U.S. District Court for the Eastern District of Texas dismissed Random Chat LLC’s patent infringement case with prejudice, finding the asserted claims ineligible under Section 101. Judge Rodney Gilstrap ruled that the patent merely covers the abstract idea of initiating...
Software Claims Failed Alice Step One Where Purported Improvements Were Not Claimed
The Federal Circuit reversed a district court ruling that had upheld a $185 million verdict against Gen Digital for alleged patent infringement in its Norton antivirus software. The appellate court held the asserted claims were directed to an abstract idea at...
War in Iran Spotlights Innovation for Missile Interception Startups
The war in Iran is exposing the high cost of existing missile‑interceptor systems, prompting a surge in demand for affordable defense solutions. Current interceptors can be up to 100 times more expensive than the cheap drones and missiles they target,...
The USPTO Changed the Rules for Digital Design Patents - Strategic Insights On What It Means for Your Business
On March 13, 2026 the USPTO released supplemental guidance that expands design‑patent protection to computer‑generated icons, GUIs, and projected or holographic interfaces. The new rules eliminate the requirement to depict a physical screen in drawings, allowing claims to focus on...
For Medical Devices, “Possible Use” Amounts To Infringement Only If The Use Is In Line With Medical Practice
The Munich Local Division dismissed Emboline’s infringement claim against AorticLab, confirming that a medical device can still infringe a patent if the patented use is technically possible. However, the court added that for medical devices the infringing use must align...
Unintended Consequences: GAO Report Questions Impact of Exercising March-In Rights for Drug Pricing
The GAO released a report evaluating NIST’s draft guidance on exercising Bayh‑Dole march‑in rights, which would let federal agencies compel non‑exclusive licensing of patents stemming from federally funded research. The draft proposes using product price as a factor, but the...
Chat, GPT, and 2(e) – The TTAB Rejects CHATGPT’s Inherent Distinctiveness Case
The Trademark Trial and Appeal Board rejected OpenAI’s claim that the CHATGPT mark is inherently distinctive, labeling both “Chat” and “GPT” as descriptive under the Lanham Act. The Board affirmed the examiner’s earlier acceptance of OpenAI’s Section 2(f) argument that the...
EU Committee on Legal Affairs Issues Report on Generative AI and Copyright
On 25 February 2026 the European Parliament’s Committee on Legal Affairs adopted a report outlining a comprehensive approach to generative AI and copyright. The document calls for a new licensing framework, mandatory transparency of training data, and a flat‑rate fee of 5‑7 %...
UPDATE: March 20, 2026 Deadline for Comments on GSA’s Proposed AI Clause Extended to April 3, 2026
On March 6, 2026 the General Services Administration issued a draft contract clause, GSAR 552.239‑7001, that would embed AI‑specific safeguarding requirements into GSA Schedule contracts. The comment deadline was extended from March 20 to April 3, 2026, and the clause will be considered...
FRAND Quarterly: Navigating the Global SEP Landscape – March 2026
The first quarter of 2026 saw intensified jurisdictional battles over standard‑essential patents, with U.S., U.K., German and Unified Patent Court courts issuing a wave of anti‑suit and anti‑interim‑license injunctions. In the United States, Judge Rodney Gilstrap allowed Samsung’s RAND counterclaims...
The Latest Liability Management Technology: Structurally Senior Minority-Owned Joint Venture Financings
A publicly traded company created a minority‑owned joint venture (JV) and funded it with senior secured loans and preferred equity from a new lender group, then distributed the proceeds back to the company. The JV received valuable IP assets, freeing...
Federal Courts Split on Trade Secret Identification Requirements Under the DTSA
Federal appellate courts are divided on when a plaintiff must specifically identify alleged trade secrets under the Defend Trade Secrets Act. The Fourth Circuit requires detailed particularity at the pleading stage, while the Ninth Circuit permits general allegations and expects...
![[Video] The Briefing: The Sound of a Lawsuit – David Greene vs Google NotebookLM](/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: The Sound of a Lawsuit – David Greene vs Google NotebookLM
Broadcaster David Greene has filed a lawsuit against Google, alleging that the AI‑driven NotebookLM tool reproduces his distinctive voice without permission. The case centers on a right‑of‑publicity claim, requiring Greene to demonstrate that Google’s voice model appropriates his identity and...
Too Late to Help: Inventorship Fix Fails to Revive Forfeited Argument
The Federal Circuit affirmed the Patent Trial & Appeal Board, holding that a retroactive correction of inventorship under 35 U.S.C. § 256 does not shield a patent owner from forfeiture doctrines in inter‑partes review. Implicit, LLC added Guy Carpenter as a co‑inventor after losing...
Separately Recited Structures Must Be Separately Present in Accused Device
The Federal Circuit affirmed that when a patent claim separately recites structural elements, infringement requires distinct corresponding structures in the accused device. In Magnolia Medical Technologies v. Kurin, the court held that a single porous plug performing both seal and...
German Federal Court of Justice Reinforces Strict Willing Licensee Standard in SEP Litigation
The German Federal Court of Justice (FCJ) affirmed a strict “willing licensee” standard in SEP litigation, rejecting VoiceAge’s FRAND defense and deeming the implementer an unwilling licensee for delayed responses and insufficient security. The court emphasized prompt counter‑offers, constructive engagement,...
AI Shockwave to Come in Trade Secret Disputes
Artificial intelligence is reshaping trade secret litigation by threatening the core secrecy requirement and enabling rapid reverse‑engineering of confidential information. Courts will face new challenges proving a trade secret exists when AI prompts and outputs can leak proprietary data. Discovery...
The Federal Circuit Continues to Evolve Its Daubert Gatekeeping Framework: Willis and Exafer
The Federal Circuit’s recent en banc decisions in Willis Elec. Co. v. Polygroup Ltd. and Exafer Ltd. v. Microsoft Corp. refine the Daubert gatekeeping framework established in EcoFactor. Willis holds that a district court must evaluate an expert’s reliability using...
Meanwhile, Back at the PTAB with CRISPR – Update
The Federal Circuit vacated the PTAB’s earlier decision granting priority to the Broad Institute, Harvard and MIT in Interference No. 106,115 and remanded the case for further proceedings. The PTAB responded by swapping panel members, appointing Administrative Patent Judges Rachel H....
Eligibility After Alston: Why Pavia and Chambliss Won — and Aguilar Didn’t
The NIL era has turned NCAA eligibility into an economic right, prompting new litigation. Quarterback Diego Pavia secured a preliminary injunction in federal court by framing the NCAA’s rule counting junior‑college seasons toward the four‑year limit as an antitrust restraint, while...
4 Strategies for Enforcing IP Rights on Social Media Platforms
Social media platforms have become hotspots for trademark, copyright, and patent infringements, prompting businesses to adopt proactive protection strategies. Clark Hill attorneys outline four essential steps: registering intellectual property, continuously monitoring platforms, reporting violations through built‑in tools and DMCA notices,...
With New Regulations, China Modernizes the Administrative Regime to Protect Trade Secrets
China’s State Administration for Market Regulation issued new Provisions on the Protection of Trade Secrets, effective June 1, 2026, replacing the 1995 rules. The regulations broaden the definition of trade secrets to include algorithms, source code, and detailed customer data, and...
Virginia Federal Court Finds Contractual Injunction Provision Alone Cannot Warrant Preliminary Injunction, but Permits Franchisor’s Narrowed Trade Secret Counterclaims to...
A Virginia federal court partially dismissed Window Gang’s counterclaims in a franchise dispute with Willett Exterior Services, allowing unjust enrichment, quantum meruit, and narrowed trade‑secret claims to proceed while rejecting others. The court required more specific identification of alleged trade secrets,...
AI and Genomics: A New Era of Personalized Medicine
Artificial intelligence is reshaping genomics by speeding up sequencing and uncovering patterns that traditional tools miss, enabling truly personalized medicine. AI models can predict disease risk, suggest optimal therapies, and guide tumor classification, especially in oncology and emerging mRNA vaccine...
Summary Judgment of Invalidity of OssiFi-Mab’s Patents Asserted Against Amgen’s Evenity®
On February 24, 2026, a federal court in Massachusetts granted Amgen summary judgment that invalidated OssiFi‑Mab’s U.S. Patents 8,877,196, 11,608,373, and 11,807,681, which were asserted against Amgen’s osteoporosis drug Evenity®. The court found the patents failed the written‑description and enablement...
Food and Beverage Litigation and Regulatory Update - March 2026
The food and beverage sector faces heightened regulatory pressure as South Dakota imposes a five‑year moratorium on cell‑cultured protein and the EU moves to ban 31 meat‑related terms for plant‑based products. At the same time, the GRAS safety loophole is...
Texas Business Court Highlights Risks to Trade Secret Ownership Arising From Joint Development Agreements
The Texas Business Court issued its second trade‑secret ruling in the Mesquite Energy Inc. v. Sanchez Oil & Gas Corp. case, focusing on ownership rather than misappropriation. The court concluded that the parties jointly developed the proprietary technology, creating co‑ownership...
Prosecution Laches Before the Supreme Court
On March 2, 2026, inventor Gilbert Hyatt petitioned the Supreme Court to review the Federal Circuit’s use of the equitable doctrine of prosecution laches, which the USPTO applied to deny his patents despite compliance with statutory deadlines. The petition argues...
What’s New Pussycat? FDA Assists Drug Sponsors Requesting New Clinical Investigation Exclusivity
The FDA released draft Q&A guidance that clarifies how drug sponsors can qualify for three‑year non‑patent exclusivity by conducting a “new clinical investigation.” It defines a new study as a human, non‑bioavailability trial whose results have not been previously relied...
Patent Claim Language May Imply a Required Order of Steps
The Federal Circuit affirmed that a patent’s claim language can impose a required sequence of steps, as illustrated in Sound View Innovations v. Hulu. The court held that the grammar and logic of claim 16 mandated receiving a request before...
Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
During the COVID‑19 pandemic, vaccine makers pledged not to enforce mRNA‑related patents, but that restraint has ended, sparking a wave of litigation over lipid nanoparticle (LNP) and mRNA payload technologies. Major cases include Alnylam’s suits against Pfizer and BioNTech, Arbutus’s...
The Supreme Court Declines to Answer AI’s Authorship Question—For Now
The U.S. Supreme Court denied certiorari in Thaler v. Perlmutter, leaving the D.C. Circuit’s ruling that works generated entirely by artificial intelligence lack copyright protection. This decision upholds the long‑standing requirement for human authorship under the Copyright Act. While the...
Failure to Meet Plausibility Requirement Dooms Patent Infringement Complaint Notwithstanding Simplicity of Technology at Issue
The Northern District of Illinois dismissed Kenny Mfg. Co.’s patent infringement complaint against Satori Home for failing to plausibly allege infringement. The court noted the complaint showed only a bracket base and arm, omitting the required two mounting locations. Even...
The USPTO Unchains Digital Designs
On March 13, 2026, the USPTO released supplemental examination guidance that broadens design‑patent protection to computer‑generated interfaces, icons, and immersive AR/VR designs. The new rules allow applicants to claim the digital design itself, provided the title and claim identify an...
Coiled in Controversy: Summary Judgment on Walker Process Claim Unwound
The Federal Circuit reversed a district court’s summary‑judgment rulings in Global Tubing v. Tenaris, vacating both the inequitable conduct and Walker Process antitrust decisions. The appellate court found genuine factual disputes about whether Tenaris intentionally withheld material prior‑art information during...
Squires Again Broadens Discretion for Post-Grant Proceedings
U.S. Patent and Trademark Office Director John Squires issued a March 11 memorandum expanding the discretion used in institution decisions for inter partes review (IPR) and post‑grant review (PGR) proceedings. The new policy allows examiners to consider whether accused products or...
Advanced Air Mobility Takes Off Under the FAA’s eIPP, While Intellectual Property Tensions Rise
On March 9, 2026 the U.S. DOT and FAA unveiled the Advanced Air Mobility and eVTOL Integration Pilot Program (eIPP), selecting eight multi‑state projects to begin real‑world operations by summer 2026. The program gives manufacturers a structured pathway to fly in national...
Reverse Logistics - the Key To Parcel And E-Commerce Deliveries
Reverse logistics has become as vital as forward delivery amid the surge in e‑commerce shipments. Handling returns now demands specialized processes to manage cost, legal exposure, and brand reputation. Retailers and logistics providers must strengthen compliance with data‑privacy, intellectual‑property, and...
![[Webinar] Protecting and Patenting Medical Technology From APIs to AI: A Global Comparison - March 18th, 5:00 Pm - 6:00...](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.16301_4225.jpg)
[Webinar] Protecting and Patenting Medical Technology From APIs to AI: A Global Comparison - March 18th, 5:00 Pm - 6:00...
Wolf Greenfield and FPA Patent Attorneys are hosting a live webinar on March 18, 2026, to discuss protecting and patenting medical technology from APIs to AI across global markets. The session will compare IP rules in the United States, Australia, and other...
