Part II: Déjà Vu at the CRU: Strategy Under the New Pre-Order Paper Procedure
The USPTO has introduced a new pre‑order paper procedure for ex parte reexamination (EPR) that lets patent owners submit a 30‑page paper within 30 days of service, focusing solely on the requester’s substantial new question (SNQ). The requester does not automatically receive a right to reply; a fee‑based petition for a 10‑page reply must be filed within 15 days and is subject to USPTO discretion. The article highlights timing pitfalls—service is deemed the mailing date, not receipt—potentially shortening the effective response window, and proposes rule changes such as basing deadlines on posting dates and requiring faster service methods. A statistical trend shows EPR filings now outpacing IPR petitions, underscoring the procedure’s growing relevance.
Counting Interrogatories in the Northern District of California: When Do Subparts Count?
Federal Rule of Civil Procedure 33(a) caps interrogatories at 25, counting every discrete subpart. In the Northern District of California, courts treat subparts as a single interrogatory when they are logically and factually tied to the primary question, but count...
Spotlight On: Lantus® / Lantus® SoloSTAR® (Insulin Glargine Recombinant) / Basaglar® (Insulin Glargine) / Semglee® (Insulin Glargine) / Rezvoglar™ (Insulin...
The May 2026 Venable LLP spotlight reviews recent Inter Partes Review (IPR) filings and litigation targeting the patent portfolio protecting insulin glargine products such as Lantus®, Basaglar®, Semglee® and Rezvoglar®. The analysis notes that each challenged claim is counted per proceeding,...
Client Alert: AI Is Already in Your Organization – Your Acceptable Use Policy Can't Wait
AI tools are already embedded in daily workflows, often used by employees without any formal oversight. This unchecked adoption creates blind spots that expose organizations to data leakage, IP loss, biased outputs, and emerging regulatory penalties. An AI Acceptable Use...
Federal Circuit Review | April 2026
The Federal Circuit issued a series of rulings clarifying key patent‑law doctrines. It affirmed that a third‑party sale can trigger the pre‑AIA on‑sale bar even when the product’s functionality is not publicly disclosed, and it reiterated that Article III standing requires...
Can I Borrow Your E-Book?: A Brief Discussion of Controlled Digital Lending
Controlled digital lending (CDL) lets libraries scan a physical book and lend the digital copy while maintaining a one‑to‑one owned‑to‑loaned ratio. In 2024 the Second Circuit rejected CDL as a fair‑use defense in Hachette Book Group v. Internet Archive, siding...
ITC Seeks Comments on Proposed Disclosure Rule
The U.S. International Trade Commission has issued a Notice of Proposed Rulemaking that would require parties and intervenors in Section 337 investigations to file disclosure statements identifying real parties in interest. The rule would mandate disclosure of parent corporations, stock owners,...
No Numbers Required: N.D. Illinois Upholds “Qualitative” Patent Claims Against Indefiniteness Challenge
The Northern District of Illinois granted summary judgment that the functional, qualitative claim terms in three surgical‑table foam patents are definite. The court found that phrases such as “rate of recovery sufficiently slow…for a desired period of time,” “substantial portion...
Teva V. Lilly: Conflicting Positions at PTAB and District Court Sink Patent Challenge
The U.S. Federal Circuit reversed a district‑court judgment that had invalidated Teva’s method‑of‑treatment patents for headache relief, finding the written‑description requirement satisfied. The court treated the invention as a new use of a well‑known anti‑CGRP antibody genus, accepting Teva’s disclosure...
Innovative Insights: Legal Updates in the Life Sciences
Jones Day outlines a suite of legal developments reshaping the life‑sciences sector, from a sharp uptick in trade‑secret litigation to heightened ERISA fiduciary scrutiny over employer health‑plan administration. The European Commission’s proposed Biotech Act, now 100 days old, seeks to...
Patent Case Summaries | Week Ending May 1, 2026
The Federal Circuit affirmed patent‑eligibility for Constellation Designs’ specific‑constellation claims while vacating eligibility for its abstract optimization claims, and upheld the district court’s infringement verdict and damages award against LG Electronics. In a separate decision, the court held that FedEx’s...
Federal Circuit Reminds IPR Petitioners: Get It Right in the Petition
On May 6, 2026, the Federal Circuit upheld the PTAB’s refusal to consider a new invalidity theory introduced in a reply‑brief footnote in DK Crown Holdings (formerly DraftKings) v. AG 18, LLC. The dispute centered on U.S. Patent No. 9978205, which governs...
Lost in the Constellation: Result-Oriented Claims Miss the Mark Under § 101
The Federal Circuit upheld Constellation Designs' patent‑eligibility for claims reciting specific non‑uniform constellation configurations, while striking its broader optimization claims as abstract under the Alice test. The court affirmed the jury’s finding of LG's willful infringement of Constellation’s patents covering...
NOVONIX Emerges as a Winner in the U.S. Battery Materials Race
NOVONIX Anode Materials secured U.S. government certification for its Riverside synthetic graphite plant in Chattanooga, unlocking a $103 million Section 48C tax credit. The approval underscores the company’s progress on operational and commercial milestones tied to its proprietary anode technology. NOVONIX is...
Trade Secret Litigation Trends in Life Sciences
Trade secret litigation in life sciences has surged since the 2016 Defend Trade Secrets Act, giving plaintiffs a federal pathway to sue. Heightened competition, M&A activity, and the shift toward biologics—an $11.9 billion market projected to top $20 billion by 2033—are driving...
![[Video] SkadBytes Podcast | AI Regulation: EU and UK Update and What It Means in Practice](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.13534_143.jpg)
[Video] SkadBytes Podcast | AI Regulation: EU and UK Update and What It Means in Practice
The SkadBytes podcast highlights the shift from drafting AI rules to enforcing them, contrasting the EU’s and UK’s regulatory paths. In the EU, trilogue negotiations on the Digital Omnibus are advancing, tightening obligations for AI systems. The UK has revamped...
AI in Aviation: Is a Patent Owner Liable?
Recent analysis examines whether owners of AI‑related patents can be held liable for failures of the technology in aviation. While patents grant exclusion rights, they do not shield owners from liability arising from how the invention is used. The article...
Proposal for Streamlined U.S. Regulatory Approval for Novel Commercial Space Activities
The U.S. Office of Space Commerce unveiled a draft "Space Commerce Certification" to streamline approvals for novel commercial space activities such as in‑space manufacturing, orbital computing and lunar stations. The proposal introduces a presumption of approval, limiting denials to security,...
Life Science Update | April 2026
The Broad Institute won a PTAB interference case securing priority on its CRISPR patents, while the FDA released a “plausible mechanism” framework to ease approval of individualized therapies for ultra‑rare genetic diseases. A Federal Circuit decision also narrowed the written‑description...
Hikma V. Amarin: The Amici Speak – Part II
The Supreme Court is hearing *Hikma v. Amarin*, where generic maker Hikma is accused of inducing patent infringement by selling a skinny‑label version of a drug while knowing physicians were using it off‑label. Seventeen amicus briefs were filed, with seven...
Aerospace Update | April 2026
The U.S. Space Force awarded Kratos a $447 million contract to develop a ground‑management system for missile‑warning satellites. Hybron Technologies closed a $25 million seed round to expand its lightweight composite production for aerospace and defense. The government also issued guidance for...
Litigation Update | April 2026
The April 2026 Litigation Update outlines several pivotal Federal Circuit rulings and procedural clarifications affecting patent and trade‑secret litigation. It confirms that a voluntary dismissal does not reset the deadline to seek a mandatory stay in ITC proceedings, and that...
OECD Blog Item Explores Why Biotech Start-Ups Lag in Europe
The OECD’s May 6 blog highlights that Europe continues to fall behind the United States and Asia in biotech start‑up formation, patenting, and venture‑capital funding. It points to the European Commission’s December 2025 Biotech Act, which introduces regulatory sandboxes, pre‑submission consultations, a...
Let’s Talk “About”. . . That Bird?
The Federal Circuit affirmed a district court ruling that the term “about” in a poultry‑processing patent’s pH range (7.6 to 10) is indefinite. Applying the Nautilus standard, the court found the claim failed to give a person of ordinary skill...
AI Risks With the Patent Office: What Life Science Companies Should Be Asking Now
Life‑science companies are increasingly using generative AI to draft patent applications, but statements filed with the USPTO become a permanent record. Errors or “hallucinations” produced by AI lack warning labels, exposing firms to potential inequitable‑conduct claims. While AI can boost...
Trademark Law: A Practical Guide to the Basics
The article provides a practical overview of U.S. trademark law, noting that rights stem from first use in commerce and that registration, while optional, delivers stronger, nationwide protection. It enumerates the advantages of federal registration—including presumptive validity, access to federal...
Broadcasts and Promotions Related to the 2026 FIFA World Cup
FIFA has issued strict intellectual‑property guidelines for the 2026 World Cup, demanding that broadcasters obtain licenses for any use of official marks, mascots or slogans. Unlicensed references risk ambush‑marketing lawsuits, while only generic descriptors like “soccer in Canada” are permitted...
One Name, Two Claims—And a Settlement: Prince Estate and ’Purple Rain’ Co-Star Resolve Trademark Dispute
Prince’s estate and former Purple Rain co‑star Patty Apollonia Kotero have settled their trademark dispute. Both parties filed a joint notice of dismissal, ending federal court litigation and TTAB proceedings without prejudice. The estate withdrew its cancellation claims and abandoned its pending...
No Notice, No Fix: Failure to Satisfy § 256(B) Renders Patent Invalid
The Federal Circuit affirmed that an omitted co‑inventor is a “party concerned” under 35 U.S.C. § 256(b), requiring notice and a hearing before inventorship can be corrected. Fortress Iron could not locate one omitted inventor, so the district court invalidated its patents for...
A Cure for Written Description and Enablement Headaches: Prior Art
The Federal Circuit reversed a district court ruling that invalidated Teva's anti‑CGRP antibody patents, holding that a single disclosed antibody can satisfy written‑description and enablement requirements when the broader genus was already well‑known at the priority date. The case stemmed...
$2B Trade Secrets Verdict Overturned by the Virginia Supreme Court
The Virginia Supreme Court has overturned a record $2 billion trade‑secrets verdict against Pegasystems, ordering a new trial. The high court found the Fairfax County judge erred by shifting the burden of proof to the defendant and by barring key defense...
AI Copyright Litigation Continues as NVIDIA Training Data Case Moves Forward
Federal Judge Jon S. Tigar denied NVIDIA’s motion to dismiss, allowing the core copyright claims in Nazemian et al. v. NVIDIA to proceed. The plaintiffs allege NVIDIA copied and stored unauthorized digital copies of books from shadow libraries to train its NeMo Megatron large‑language...
USPTO Launches AI-Powered Image Search for Trademarks
The United States Patent and Trademark Office launched a beta AI‑driven image‑search tool for trademarks in April 2026, now live for any USPTO.gov account holder. Users upload an image and receive visually similar marks from the federal register, mirroring a...
Regulatory and IP Considerations for Veterinary Drugs in Canada
The article outlines Canada’s regulatory framework for veterinary drugs, separating them from other animal health products and detailing the data‑protection, patent‑linkage, and supplementary‑protection regimes that apply only to veterinary drugs. It explains submission requirements, labeling rules, priority‑review criteria, and biowaiver...
European Competition Law Newsletter — May 2026
On 1 May 2026 the EU and UK will apply a revised technology‑transfer block exemption (TTBER) that modernises rules for data‑licensing and licensing‑negotiation groups. The UK Competition and Markets Authority issued its first fine under the 2024 Digital Markets, Competition and Consumer...
Knowing Isn’t Enough: The Supreme Court Redefines ISP Liability for Piracy
The U.S. Supreme Court unanimously reversed a $1 billion jury verdict against Cox Communications, ruling that an ISP’s mere knowledge of subscriber piracy does not create liability. The majority opinion limits secondary liability to situations where the provider intentionally encourages infringement...
Trade Secret Damages in Texas: How Courts Calculate What You Can Recover
Texas courts applying the Texas Uniform Trade Secrets Act (TUTSA) can award several damage categories when a trade secret is misappropriated, including actual lost profits, unjust enrichment, reasonable royalties, diminution of value, exemplary damages, and attorney’s fees. The chosen metric...
Fintech Patents: Allowance Trends At The Canadian Patent Appeal Board
The Federal Court’s Dusome v. Canada decision and the Canadian Intellectual Property Office’s new guidance have reshaped how fintech patents are evaluated in Canada. The guidance requires claims to be construed purposively and to satisfy the “something more” physicality test,...
Federal Circuit Patent Watch: Omission of a Coinventor Renders a Patent Invalid When That Error Cannot Be Corrected
The Federal Circuit affirmed a district court’s summary‑judgment invalidation of Fortress Iron’s patents because the applications omitted a coinventor, Huang, whose contribution could not be corrected under 35 U.S.C. §256(b). The court held that correction of inventorship requires notice and a hearing...
SMEDs Are Working: What the USPTO’s Updated § 101 Patent Eligibility Guidance Means for Innovators
On April 30, 2026, USPTO Director John A. Squires issued an updated memorandum urging patent applicants to submit separate Rule 132 Subject‑Matter Eligibility Declarations (SMEDs) when responding to § 101 rejections. The guidance builds on the December 2025 policy and cites early...
Navigating Guild and Union AI Positions
At the Loeb AI Summit, guilds and unions highlighted growing concerns over AI‑driven displacement, unauthorized digital replicas, and the use of copyrighted material to train generative models. The Writers Guild of America secured the first AI‑specific contract clause, granting semi‑annual...
SCOTUS Narrows Secondary Copyright Liability
On March 25, 2026, the U.S. Supreme Court ruled that Cox Communications cannot be held contributorily liable for copyright infringement by its subscribers because liability requires proof of intent to facilitate infringement. The Court emphasized that knowledge of infringement and...
Should Influencers Form an LLC? Key Advantages and Legal Considerations
Social media influencers are turning personal brands into lucrative businesses, prompting many to consider formal structures. Forming a limited liability company (LLC) offers liability protection, pass‑through taxation, and a vehicle to hold valuable intellectual property. The article outlines how an...
USPTO’s Supplemental Guidance on Design Patents: Key Changes to Requirements for Computer-Implemented and Emerging Digital Interfaces
On March 13, 2026 the USPTO released supplemental examination guidance that relaxes the “article of manufacture” requirement for design patents covering computer‑generated user interfaces, icons, holograms, and VR/AR renderings. The new rules allow applicants to omit a physical display outline...
Viewpoint: How Businesses Are Building Proactive Resolution Into Legal, Risk Strategy, in Jacksonville Business Journal
Escalating disputes across IP, commercial, employment and international domains are prompting firms to shift from reactive litigation to proactive alternative dispute resolution (ADR). Companies are embedding ADR pathways into contracts and risk‑management frameworks, using tools like early neutral evaluation, mediation...
Design Patents Expand for Digital Products While Courts Signal New Limits on Enforcement
The USPTO issued new guidance on March 13, 2026 that expands design‑patent eligibility to include graphical user interfaces, icons, and designs displayed in augmented‑reality, virtual‑reality and other projected environments, removing the need for a physical screen. Simultaneously, Federal Circuit activity...
Confidentiality Still Matters – And the Risks Are Growing
Confidentiality agreements remain a cornerstone of corporate risk management, yet recent case law shows that even inadvertent disclosures can trigger costly litigation and reputational damage. Modern work habits—remote setups, personal devices, and informal communications—have expanded the avenues for accidental leaks....
Cannabis Rescheduling: What Does It Mean for Your Intellectual Property
The U.S. Department of Justice has reclassified FDA‑approved and state‑licensed medical marijuana products to Schedule III under the Controlled Substances Act, following President Trump’s 2025 executive order. This shift removes the “unlawful use” barrier that previously blocked trademark protection for cannabis‑related...
The GSA AI Clause Clock Is About to Start: What Schedule Holders Must Do Before Refresh 32 Drops
The General Services Administration (GSA) has closed the comment period and confirmed that its proposed AI clause, GSAR 552.239‑7001, will be incorporated into MAS Solicitation Refresh 32. When Refresh 32 is issued, all existing Schedule holders will receive a mass modification and have...
Implant Trade Secrets Are Not Protectable Due to Disclosure in Patents
The Federal Circuit ruled that trade secrets disclosed in patents are unprotectable under the California Uniform Trade Secrets Act, reversing a district court decision in International Medical Devices, Inc. v. Cornell. The court found three of IMD’s alleged secrets “generally...