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 its antedating arguments, but the court ruled the late correction could not revive the theory. The decision emphasizes that all viable inventorship and priority arguments must be raised during the IPR, not after final written decisions. The ruling clarifies the limits of § 256’s retroactive effect in patent litigation.
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...
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...
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...