Fifth Circuit Emphasizes Need for Proof of Trade Secrets’ Economic Value and Effort Required to Create Compilation
The Fifth Circuit affirmed summary judgment for defendants in A+PEL’s trade‑secret lawsuit, finding the nonprofit’s Mentor Teacher training, client list, and member database were not protectable under the DTSA or Louisiana’s trade‑secret statute. The court highlighted A+PEL’s failure to maintain secrecy and its inability to prove the existence or economic value of the alleged secrets. Even though the member data required compilation, it was publicly accessible, undermining trade‑secret status. A concurring opinion agreed the claims failed, but differed on the secrecy analysis.
Your Patent Is in Trouble When Borat Is Cited as Prior Art
A recent patent application for a sling‑style male garment was rejected after an examiner cited a screenshot from the movie *Borat* as prior art. The case illustrates that prior art extends beyond patents to movies, comics, videos, and other public...
Protecting NIL Rights Through Estate Planning
The Pennsylvania Bar Institute highlighted that postmortem name, image and likeness (NIL) rights survive for thirty years after death, extending beyond typical estate administration. These rights can appreciate in value long after probate, creating revenue opportunities and potential disputes if...
Blank Rome Appellate Insights – Winning on Appeal: March 2026
Blank Rome’s March 2026 Appellate Insights newsletter spotlights pivotal appellate rulings affecting businesses, from the Supreme Court’s pending review of APA‑based universal vacatur to the Pennsylvania Supreme Court’s decision limiting immediate appeals of arbitration orders. The Third Circuit expanded Pennsylvania’s...
6 Key Takeaways | A Trademark Practitioner’s Guide to Using AI: Guidelines, Use Cases, and Ethical Considerations
Kilpatrick’s trademark team delivered a comprehensive guide on integrating AI into trademark practice, highlighting both efficiency gains and emerging legal risks. They examined how courts are scrutinizing AI training data for fair‑use defenses and how AI‑generated outputs can create direct...
Biologics and Biosimilars Landscape 2025: IP, Policy, and Market Developments
The FDA approved 18 biosimilars in 2025, spanning six therapeutic areas and marking a surge in interchangeable designations to over 20. A wave of denosumab biosimilars and first‑in‑kind interchangeable products such as Poherdy® and Omlyclo® highlighted market diversification. BPCIA litigation...
Dusome v Canada: What The Federal Court Decision Means For Patentable Subject Matter
The Federal Court overturned the Commissioner of Patents’ refusal of Canadian Patent Application No. 2,701,028 in Dusome v Canada, finding multiple legal errors in CIPO’s assessment. The court held that the examiner failed to apply proper purposive construction, misused the “actual invention”...
The Rise of Trade Secret Litigation: Are You Prepared to Stop Your Trade Secrets From Walking Out the Door? (Part...
Trade‑secret litigation surged to over 1,550 U.S. cases in 2025, prompting firms to tighten data safeguards. Vorys LLP’s second part outlines proactive steps before, during, and after an employee’s attempted exfiltration, emphasizing access controls, real‑time monitoring, and evidence preservation. Electronic...
Resurgence of Stellarators and Impact on IP
Recent breakthroughs in superconducting magnet fabrication and AI‑driven field optimization have revived stellarator research, pushing the technology toward commercial fusion power. U.S. firms such as Type One Energy are planning grid‑scale stellarator plants with integration targets by 2030. Patent activity...
Proposed UAH-ASKA Agreement for Drive-And-Fly Aircraft: IP Ownership Issues in Joint Development and Public-Private Partnerships
The University of Alabama in Huntsville and aerospace firm ASKA signed a memorandum to explore a hybrid‑electric, autonomous drive‑and‑fly VTOL aircraft. The collaboration targets battery systems, electric motors, simulation tools, safety and autonomous flight control, and may involve Department of...
Be Kind, Please Rewind – Is Blockbuster Still Famous for a Dilution Claim?
Blockbuster LLC has opposed Southern Seed’s “BLOCK BUSTER” animal‑feed mark, alleging trademark dilution. The dispute is before the Trademark Trial and Appeal Board, which must decide whether a brand’s historic prominence can satisfy the “famous” requirement for dilution protection. If the...
Aerospace Update | February 2026
The February 2026 Aerospace Update outlines AI’s expanding role in optimizing aerospace operations, safety, and strategic planning. It highlights microgravity biomanufacturing as a promising yet IP‑intensive frontier, while noting Thinkorbital’s recent seed round as evidence of rising investment in orbital technologies....
Spotlight On: Rituxan® (Rituximab) / Truxima® (Rituximab-Abbs) / Ruxience® (Rituximab-Pvvr) / Riabni™ (Rituximab-Arrx) - March 2026
The March 2026 spotlight reviews recent challenges to rituximab patents—including Rituxan®, Truxima®, Ruxience®, and Riabni®—in both Inter‑Partes Review (IPR) proceedings and federal litigation. Patent owners report that each claim is counted per case, meaning identical claims appear multiple times across...
Spotlight On: Biosimilar Litigations - March 2026
The Venable LLP update clarifies what constitutes a biosimilar litigation, focusing on disputes between biosimilar applicants or manufacturers and reference‑product sponsors, as well as conflicts among biosimilar applicants themselves. It explicitly excludes lawsuits between two reference‑product sponsors, non‑practicing entities, universities,...
Proptech: Patents and Patent Litigation
Proptech is reshaping real‑estate through AI, IoT and data‑driven platforms, prompting a surge in Canadian patent activity. Between 2016 and 2026, over 270 applications covered building‑energy management, more than 240 targeted digital transaction systems, and 190 focused on construction‑project software....
Spotlight On: Lantus® / Lantus® SoloSTAR® (Insulin Glargine Recombinant) / Basaglar® (Insulin Glargine) / Semglee® (Insulin Glargine) / Rezvoglar™ (Insulin...
The March 2026 Venable LLP analysis dissects ongoing patent challenges to insulin glargine products such as Lantus®, Basaglar®, Semglee® and Rezvoglar®. It details the types of claims contested in Inter‑Partes Review (IPR) proceedings and traditional litigation, and explains how each claim...
CNIPA Issues Letter on Identity of Foreign Inventors
China's National Intellectual Property Administration (CNIPA) clarified that its new inventor‑information rules, effective Jan. 1 2026, obligate Chinese inventors to provide a national ID but do not require foreign inventors to submit passport or other ID numbers at the filing stage. The...
Provider’s Degree of Control Affects DMCA Safe Harbor
The U.S. Court of Appeals for the Second Circuit affirmed the dismissal of Elliott McGucken’s false copyright‑management‑information claim against Shutterstock, finding the platform’s watermarking and automated CMI removal did not show scienter. However, the court vacated summary judgment on the underlying...
Federal Circuit Upholds Infringement Damages and Validity for Modular Artificial Tree Patent
The Federal Circuit affirmed Willis Electric’s $42.5 million verdict and upheld the validity of claim 15 of its modular artificial‑tree patent. The court rejected Polygroup’s motions, finding the district court correctly admitted the damages expert’s testimony and did not require limiting damages...
The Shifting SEP Litigation Landscape: How Changes in the Types of Litigated SEPs Can Affect Implementers
Standard‑essential‑patent (SEP) litigation grew about 15% between 2020 and 2025, moving away from traditional cellular (ETSI) disputes toward Wi‑Fi and video‑codec standards. Litigated video‑codec SEPs jumped 263% and Wi‑Fi SEPs rose 71%, while ETSI‑declared cellular SEPs fell 32%. The surge...
When Trusted Access Becomes a Threat: The US V. Linwei Ding Conviction and Escalating Insider Risk
Former Google engineer Linwei Ding was convicted of economic espionage after transferring over 1,000 confidential AI‑chip files to a personal cloud and later launching a China‑based startup. The case illustrates how trusted insiders can bypass traditional perimeter defenses by using...
Prompting Protection: What Every Company Needs to Know About the Potential New AI Bills
Two bipartisan bills—the TRAIN Act and the CLEAR Act—are moving through Congress to increase transparency around copyrighted material used in generative AI training. The TRAIN Act would let copyright owners obtain data disclosures via administrative subpoenas after suspecting infringement, while...
Semiconductor Litigation: Advanced Process Transitions and the Next Wave of Patent Risk
The semiconductor industry is moving from planar MOSFETs to 3D structures such as FinFETs and GAA transistors, reshaping how patents are drafted and enforced. These architectural shifts create new layers of patent risk, especially around enablement, claim construction, and apportionment....
Preparing for the Data (Use and Access) Act 2025: Upcoming Complaints Procedure Requirement
The UK Data (Use and Access) Act 2025 (DUAA) entered its main reform phase on 5 February 2026, introducing new lawful bases, automated‑decision rules and expanded ICO enforcement powers. A critical deadline arrives on 19 June 2026, when Section 103 obliges every organisation to have...
Federal Circuit Clarifies Patent-Risk Boundaries in Government-Sponsored R&D
The Federal Circuit affirmed that AeroVironment’s UAV development under SBIR and STTR contracts is protected by 28 U.S.C. § 1498, barring patent‑infringement suits against the contractor. The court held the work was performed for the United States with government authorization, shifting any remedy...
Confidential Information Cannot Be ‘Un-Learned’
The U.S. District Court for New Jersey affirmed a special master’s ruling that barred Nasdaq’s Vice President of Engineering from reviewing opposing confidential material in a patent dispute. The court emphasized that once sensitive information is learned it cannot be...
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[Webinar] AI Trade Secrets: Litigation Trends and Risk Management - March 4th, 9:00 Am - 10:00 Am PST
Fenwick & West’s March 4 webinar will examine the surge in trade‑secret litigation targeting AI companies’ core assets, such as algorithms, training data, and deployment strategies. The session will dissect recent high‑profile cases and the sizable damages awarded, highlighting how employee...
Practical Guidance for Drafting and Reviewing IP Indemnification Clauses
Intellectual property indemnification clauses are a focal point of commercial contract negotiations because infringement claims can generate hefty financial losses and operational disruption. The article breaks down the core elements—exclusions, remedies, defense control, scope, and covered claims—and then offers role‑specific...
