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Intellectual Property Updates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Fitch, Even, Tabin & Flannery LLP

USPTO Adopts Partial Trademark Replacement Rule to Align with Madrid Protocol

Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders...more

Akerman LLP

A New Era of College Sports: Overview and Impact of the NCAA House Settlement Agreement

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The NCAA House settlement agreement has been the subject of significant discussion and controversy, with multiple hearings reflecting the magnitude of its implications. However, on Friday, June 6, Judge Claudia Wilken granted...more

Lowndes

$2.7 Billion Settlement Outlines New Ways Colleges Can Compensate Student Athletes

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Since its inception, the NCAA has restricted schools from paying student athletes anything beyond scholarships that covered tuition and the cost of attendance. However, with the continued popularity of college sports and the...more

Stikeman Elliott LLP

Five Things to Consider When Designing an AI Governance Program

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Although Artificial intelligence (“AI”) has been a matter of intense public interest for several years, few substantive laws regulate its use. Reasons for this include a lack of clarity about the scope of what needs to be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Latest Director Discretionary Denial Decision in iRhythm Provides Valuable Insights

On June 6, 2025, Acting USPTO Director Stewart issued a decision in iRhythm Tech. v. Welch Allyn, Inc., IPR2025-00363, Paper 10 (and four related IPRs), which granted Patent Owner’s request for discretionary denial. This is...more

McDonnell Boehnen Hulbert & Berghoff LLP

Dancing with Abstract Ideas: Patent Eligibility in 2025

In June 2014, the U.S. Supreme Court handed down Alice Corp. v. CLS Bank Int'l, establishing a now-infamous two-step, judicially-imposed test for patent subject-matter eligibility that narrowed the broad statutory eligibility...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025 #2

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The New York State Education Department said it won’t rescind a ban on the use of Indigenous mascots and names in public schools despite a threat from the Trump administration to pull its federal funding, telling the U.S....more

Fenwick & West LLP

What We’re Watching Ahead of BIO 2025: Trends Shaping the Future of Biotech

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As we head into BIO 2025 in Boston, our teams are closely watching trends in biotech and how those affect financings, business development, IP protection, risk, and litigation strategy. Here are eight key trends we’re...more

Blake, Cassels & Graydon LLP

Incidence de l’IA sur le droit canadien

L’évolution de la technologie de l’intelligence artificielle (« IA ») entraîne des changements considérables dans bien des secteurs au Canada, au point de nécessiter une évaluation des cadres juridiques en place. Que ce soit...more

Herbert Smith Freehills Kramer

UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

Greenberg Glusker LLP

[Webinar] AI Meets IP: Navigating Legal Minefields in the Age of Artificial Intelligence - June 24th, 2:00 pm - 3:00 pm PDT

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As artificial intelligence continues to transform creative industries, the legal landscape is racing to catch up. Join entertainment attorney Sky Moore for a discussion on the key intellectual property, licensing, and...more

Lathrop GPM

“Restoring Gold Standard Science” Executive Order - Potential Impacts for Patent Applicants and Owners

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In response to concerns about eroded public confidence in scientists and the alleged misuse of scientific information by federal agencies to justify political ends, President Trump’s “Restoring Gold Standard Science”...more

Paul Hastings LLP

Biotech Spin-Off Transactions

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As we previously discussed (here and here), the biotech mergers and acquisitions market currently faces significant headwinds. These challenges include frozen capital markets, regulatory uncertainty at the Food and Drug...more

Farella Braun + Martel LLP

Mad Max or a Brand Warrior: HBO's Experience In the Branding Thunderdome

After a two-year experiment under the MAX trademark, Warner Bros. Discovery is restoring HBO MAX as the brand for its flagship streaming platform. With so many name changes in recent years, it might seem like branding...more

Fitch, Even, Tabin & Flannery LLP

Priority Denied, Patent Derailed: When One Filing Cancels Out the Other

On April 22, 2025, the Federal Circuit issued a decision In re: Bonnie Iris McDonald Floyd that underscores a critical and often overlooked risk in design patent prosecution: relying on a utility patent application for...more

ArentFox Schiff

Designers Beware: Prior Utility Patent Lacking Written Support Can Anticipate Later-Filed Design Patents

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In its recent In re Floyd opinion, the US Court of Appeals for the Federal Circuit upheld a decision by Patent Trial and Appeal Board (PTAB) to reject a design applicant’s priority claim to an earlier utility filing for...more

Mintz - Venture Capital & Emerging Companies...

The Financing Environment and Current Trends in Robotics

As we head into the second half of 2025, the prospects for innovation in robotics and artificial intelligence (AI) seem limitless. It is difficult to find an industry that hasn’t touted the potential for robotics and AI to...more

Troutman Pepper Locke

Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast

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In this episode of No Infringement Intended, hosts Austin Padgett and Rusty Close delve into the 5Pointz case, where graffiti art clashed with property rights in Queens, NY. Explore how the Visual Artists Rights Act (VARA)...more

Mayer Brown

Lost in Translation: The Doctrine of Foreign Equivalents in Trademark Law

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In this episode of The Upper Brand, Kristine Young and Rich Assmus discuss the recent Federal Circuit case regarding the doctrine of foreign equivalents in trademark law. They explore the concepts of descriptiveness and...more

Perkins Coie

Copyright Office Stakes Out Position on Use of Works for AI Training

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Key Takeaways - -The U.S. Copyright Office released a “prepublication” version of Part Three of its artificial intelligence (AI) report addressing generative AI training. -The report considers both whether training a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Alnylam Pharmaceuticals, Inc. v. Moderna, Inc.

Alnylam Pharmaceuticals, Inc. v. Moderna, Inc., Appeal No. 2023-2357 (Fed. Cir. June 4, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a final judgment that Moderna’s mRNA-based COVID-19 vaccine did...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – UK government’s AI copyright plan suffers setback, Reddit sues Anthropic over unauthorized data use for AI...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Akin Gump Strauss Hauer & Feld LLP

Stipulated Motion to Stay Denied Until All Defendants Agree to be Bound by IPR Estoppel

In a patent infringement litigation in the U.S. District Court for the Eastern District of Texas, Judge Rodney Gilstrap denied a joint motion to stay the litigation pending resolution of inter partes review when it was...more

Fish & Richardson

The PREVAIL Act Is Back. Will It Prevail This Time?

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On May 1, 2025, Senators Chris Coons (D-DE), Thom Tillis (R-NC), Dick Durbin (D-IL), and Mazie Hirono (D-HI) reintroduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. The...more

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