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 disputes for a jury, and trimmed the Walker Process fraud claim to a single alleged patent misrepresentation. Additionally, the court granted J&J summary judgment on its Momenta‑patent acquisition theory after finding the proposed use of privileged communications improper. These rulings shape the antitrust landscape for biologics and biosimilar competition.
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](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.14355_0412.jpg)
[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....
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...
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...