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IP Law News

@ip-law.bsky.social
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A daily source of intellectual property and related news, commentary, and guidance written by leading IP lawyers for inhouse counsel, the C-suite, entrepreneurs, inventors, research scientists, and others. A JD Supra law feed www.jdsupra.com

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IP Law News @ip-law.bsky.social · 02/10/2026
Analogous Art After the Nielsen Company (US), LLC v. TVision Insights, Inc.: Implicit Theories and Broadly Framed Problems
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Analogous Art After the Nielsen Company (US), LLC v. TVision Insights, Inc.: Implicit Theories and Broadly Framed Problems
To defeat obviousness, patent owners have long relied on the ability to show a reference is not analogous art. Although a long standing legal...
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IP Law News @ip-law.bsky.social · 02/10/2026
Double Standard for Double Patenting
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Double Standard for Double Patenting
After In re Cellect and Allergan v. MSN clarified the application of obviousness-type double patenting in the context of patent term adjustment,...
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IP Law News @ip-law.bsky.social · 02/10/2026
How “Material Error” Has Become Key To Avoiding Discretionary Denial at the PTAB
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How “Material Error” Has Become Key To Avoiding Discretionary Denial at the PTAB
Discretionary denial has long been one of the most important—and sometimes unpredictable—features of PTAB practice. Although the statutory bases...
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IP Law News @ip-law.bsky.social · 02/10/2026
Lululemon Dupe
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Lululemon Dupe
“Dupe culture” has become a consumer movement built around affordable imitations of premium products, with influencers posting side-by-side...
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IP Law News @ip-law.bsky.social · 02/10/2026
Ninth Circuit Rejects DMCA Attribution Claims Against Generative AI Outputs
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Ninth Circuit Rejects DMCA Attribution Claims Against Generative AI Outputs
The DMCA may no longer provide a shortcut some copyright owners hoped for against generative AI outputs. The prospect of statutory damages, no...
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IP Law News @ip-law.bsky.social · 02/10/2026
Pastel Pints and Crimped Crusts: What's New in Trade Dress Law
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Pastel Pints and Crimped Crusts: What's New in Trade Dress Law
The past few months have been sweet for trade dress plaintiffs. This summer, the United States District Court for the Eastern District of New...
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IP Law News @ip-law.bsky.social · 02/10/2026
Transfer of All Substantial Rights Allows a Licensee to Stand in the Patentee’s Shoes
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Transfer of All Substantial Rights Allows a Licensee to Stand in the Patentee’s Shoes
TEXASLDPC INC. v. BROADCOM INC. Before Moore, Chen, and Bissoon (sitting by designation). Appeal from the United States District Court for the...
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IP Law News @ip-law.bsky.social · 02/10/2026
A Private Sale Does Not Constitute a Public Disclosure Under § 102(B)(1)(B)
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A Private Sale Does Not Constitute a Public Disclosure Under § 102(B)(1)(B)
NCS MULTISTAGE INC., NCS MULTISTAGE, LLC V. NINE ENERGY SERVICE, INC. - Before Reyna, Hughes, and Cunningham. Appeal from the United States...
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IP Law News @ip-law.bsky.social · 02/10/2026
Federal Circuit Clarifies Marking Requirements for Non-Practicing Entities
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Federal Circuit Clarifies Marking Requirements for Non-Practicing Entities
VDPP, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC. - Before Moore, Lourie, and Cunningham. Appeal from the United States District Court for the...
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IP Law News @ip-law.bsky.social · 02/10/2026
Referencing Reexamination Does Not Justify Jurisdiction
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Referencing Reexamination Does Not Justify Jurisdiction
T-MOBILE US, INC. v. KAIFI LLC - Before Taranto, Schall, and Chen. Appeal from the United States District Court for the Eastern District of...
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IP Law News @ip-law.bsky.social · 02/10/2026
Litigation Update | September 2026
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Litigation Update | September 2026
Improper Venue: A First, But Not Last Ground For Dismissal - Ben K. Shiroma & Zachery Rufa A district court may properly dismiss a case under...
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IP Law News @ip-law.bsky.social · 02/10/2026
The Ninth Circuit affirms class certification against yearbook aggregator
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The Ninth Circuit affirms class certification against yearbook aggregator
In an opinion joining a comprehensive analysis of Ninth Circuit predominance law with colorful observations about the “digital afterlife” of old...
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IP Law News @ip-law.bsky.social · 02/10/2026
Patents or Trade Secrets? What Boards and CEOs Should Know in the Age of AI
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Patents or Trade Secrets? What Boards and CEOs Should Know in the Age of AI
Generative AI is changing how companies protect intellectual property, making trade secrets increasingly relevant alongside patent and copyright...
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IP Law News @ip-law.bsky.social · 02/10/2026
What Thomson Reuters v. Ross Does and Doesn’t Say NOW About Fair Use and Generative AI
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What Thomson Reuters v. Ross Does and Doesn’t Say NOW About Fair Use and Generative AI
In February 2025, I assessed the operative summary judgment opinion in Thomson Reuters v. Ross and guessed at what it might mean for generative...
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IP Law News @ip-law.bsky.social · 02/10/2026
Consumers Know a Copy When They See One. Does Trademark Law?
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Consumers Know a Copy When They See One. Does Trademark Law?
Today’s consumers can spot a copy. Trademark law, however, is still largely built around a different question: are consumers confused? That...
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IP Law News @ip-law.bsky.social · 02/10/2026
Startups 101 – Part II: Protecting Confidential Information and Intellectual Property
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Startups 101 – Part II: Protecting Confidential Information and Intellectual Property
For many startups, the most valuable assets are not tangible ones, like equipment or inventory, but intangible ones, like ideas, know-how,...
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IP Law News @ip-law.bsky.social · 02/10/2026
The Receivership Estate of AudienceScience Inc. v. Google LLC: The Federal Circuit’s Continuing Skepticism over Targeted Advertising Patents
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The Receivership Estate of AudienceScience Inc. v. Google LLC: The Federal Circuit’s Continuing Skepticism over Targeted Advertising Patents
In The Receivership Estate of AudienceScience Inc. v. Google LLC, the Federal Circuit affirmed a district court’s grant of judgment on the...
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IP Law News @ip-law.bsky.social · 02/10/2026
A Record $5.7 Billion Patent Verdict, and the Trends Behind It
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A Record $5.7 Billion Patent Verdict, and the Trends Behind It
On September 25, A San Diego jury told Apple that it owes more than $5.7 billion for infringing two patents covering the vibration engine used in...
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IP Law News @ip-law.bsky.social · 02/10/2026
From Research Grant to Acquisition: Does the IP Support the Deal?
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From Research Grant to Acquisition: Does the IP Support the Deal?
Imagine buying a medical-device company whose financial projections depend on manufacturing overseas. The company has an exclusive university...
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IP Law News @ip-law.bsky.social · 02/10/2026
Delaware Court Extends Hikma to Labels Without Carve-Outs
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Delaware Court Extends Hikma to Labels Without Carve-Outs
Key Takeaways: In one of the first life sciences cases to address induced infringement after Hikma v. Amarin, the District of Delaware held...
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IP Law News @ip-law.bsky.social · 01/10/2026
DMCA requirements for CMI removal not always met in AI code writing
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DMCA requirements for CMI removal not always met in AI code writing
The US Court of Appeals for the Ninth Circuit affirmed the dismissal of Digital Millennium Copyright Act (DMCA) claims that alleged artificial...
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IP Law News @ip-law.bsky.social · 01/10/2026
Is ‘Patent Troll’ Label Fading?
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Is ‘Patent Troll’ Label Fading?
Rhetoric may be shifting toward an emphasis on patent quality and enforcement behavior. Originally published by Investor’s Digest. Reprinted with...
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IP Law News @ip-law.bsky.social · 01/10/2026
Diamond in the rough: Infringement theory foreclosed by claim construction supports $3.2M fee award
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Diamond in the rough: Infringement theory foreclosed by claim construction supports $3.2M fee award
The US Court of Appeals for the Federal Circuit affirmed an award of more than $3.2 million in attorneys’ fees and non-taxable expenses, finding...
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IP Law News @ip-law.bsky.social · 01/10/2026
Copyright Royalty Board royalty rate allocations must be explained
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Copyright Royalty Board royalty rate allocations must be explained
Addressing royalties under the US Copyright Act’s compulsory licensing scheme, the US Court of Appeals for the District of Columbia Circuit...
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IP Law News @ip-law.bsky.social · 01/10/2026
Improper Venue: A First, But Not Last, Ground For Dismissal
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Improper Venue: A First, But Not Last, Ground For Dismissal
AML IP, LLC v. BATH & BODY WORKS DIRECT, INC. - Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the Eastern...
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IP Law News @ip-law.bsky.social · 01/10/2026
Federal Circuit Review | August 2026
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Federal Circuit Review | August 2026
In Socket Solutions, LLC v. Import Global, LLC, Appeal No. 25-1121, the Federal Circuit held that a preliminary injunction cannot stand when the...
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IP Law News @ip-law.bsky.social · 01/10/2026
USPTO Director Issues Opinion Explaining Denial of Biocon Post-Grant Review Petition (PGR) Challenging EYLEA® Patent
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USPTO Director Issues Opinion Explaining Denial of Biocon Post-Grant Review Petition (PGR) Challenging EYLEA® Patent
On September 24, 2026, the USPTO Director issued a decision explaining the denial of institution of PGR2026-00039, filed by Biocon against...
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IP Law News @ip-law.bsky.social · 01/10/2026
IP - Federal Circuit Tightens the Grace Period: What a Private Sale Means for Your Patent Rights
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IP - Federal Circuit Tightens the Grace Period: What a Private Sale Means for Your Patent Rights
On September 14, 2026, the U.S. Court of Appeals for the Federal Circuit issued its decision in NCS Multistage Inc. v. Nine Energy Service, Inc.,...
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IP Law News @ip-law.bsky.social · 01/10/2026
Former College Football Staffer Arrested for Leaking Recruiting Info to Rivals: 5 Trade Secret Lessons for Sports Employers
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Former College Football Staffer Arrested for Leaking Recruiting Info to Rivals: 5 Trade Secret Lessons for Sports Employers
Local authorities arrested a former Auburn University football staffer on Monday alleging he emailed the program’s confidential recruiting...
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IP Law News @ip-law.bsky.social · 01/10/2026
Patent Drafting Using Generative AI: Strategic and Doctrinal Considerations
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Patent Drafting Using Generative AI: Strategic and Doctrinal Considerations
Automated patent drafting systems continue to increase in sophistication, transforming how technical disclosures are converted into formal patent...
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IP Law News @ip-law.bsky.social · 01/10/2026
From Platforms To Premises: Online And Offline Intermediary Liability For IP Infringement
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From Platforms To Premises: Online And Offline Intermediary Liability For IP Infringement
Counterfeit and infringing goods circulate through online marketplaces as freely as through trade fairs and market stalls.
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IP Law News @ip-law.bsky.social · 01/10/2026
AI Learning or AI Copying? Ninth Circuit Weighs In
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AI Learning or AI Copying? Ninth Circuit Weighs In
In Doe v. GitHub, Inc., the U.S. Court of Appeals for the Ninth Circuit held that software programmers did not state a claim under the Digital...
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IP Law News @ip-law.bsky.social · 01/10/2026
Takeaways from the USPTO’s Anti-Counterfeiting Webinar for Trademark Owners
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Takeaways from the USPTO’s Anti-Counterfeiting Webinar for Trademark Owners
On September 23, 2026, the U.S. Patent and Trademark Office (USPTO) hosted a USPTO Hour webinar titled “Trademarks and Anti-Counterfeiting,”...
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IP Law News @ip-law.bsky.social · 01/10/2026
Federal Circuit Denies En Banc Rehearing in Teva v. Eli Lilly, Preserving Precedent for Method-of-Treatment Patent Claims
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Federal Circuit Denies En Banc Rehearing in Teva v. Eli Lilly, Preserving Precedent for Method-of-Treatment Patent Claims
The United States Court of Appeals for the Federal Circuit has denied Eli Lilly and Company's petition for rehearing en banc in Teva...
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IP Law News @ip-law.bsky.social · 01/10/2026
AI is Coming for Your Life Science Moat: What Strategic Buyers and Private Equity Investors Need to Know About Defensible Enterprise Value
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AI is Coming for Your Life Science Moat: What Strategic Buyers and Private Equity Investors Need to Know About Defensible Enterprise Value
A life science company leaves a trail of public disclosures behind it.  Until recently, piecing that trail together took real time and money.  AI...
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IP Law News @ip-law.bsky.social · 30/09/2026
Risks for the Licensee in the Event of the Licensor's Insolvency
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Risks for the Licensee in the Event of the Licensor's Insolvency
IP licenses—whether for trademarks, patents, or copyrights—are typically business-critical for licensee companies. Product lines, IT...
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IP Law News @ip-law.bsky.social · 30/09/2026
U.S. IP Update – September 2026
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U.S. IP Update – September 2026
Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and...
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IP Law News @ip-law.bsky.social · 30/09/2026
Four Provisions Every Patent Licensing Agreement Must Contain
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Four Provisions Every Patent Licensing Agreement Must Contain
Authored by Babak Akhlaghi on June 21, 2026.  You spent years building something real. You fought through prosecution. You finally have the...
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IP Law News @ip-law.bsky.social · 30/09/2026
Government Contractor Employee Departures: Protecting Trade Secrets Without Creating Procurement Problems
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Government Contractor Employee Departures: Protecting Trade Secrets Without Creating Procurement Problems
Employee departures are a routine part of doing business. For government contractors, however, the departure of a key employee can raise issues...
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IP Law News @ip-law.bsky.social · 30/09/2026
What's Trending in Trademarks: September 2026
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What's Trending in Trademarks: September 2026
Here's what's trending in trademarks this month: New Balance sues French rival Decathlon in Boston federal court over a running-shoe logo it says...
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IP Law News @ip-law.bsky.social · 30/09/2026
Protecting Trade Secrets in the Life Sciences
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Protecting Trade Secrets in the Life Sciences
Trade secrets are generally protected under state law through the Uniform Trade Secrets Act (UTSA) and under federal law through the Defend Trade...
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IP Law News @ip-law.bsky.social · 30/09/2026
Patent Strategy for Startups: Ask “Then What?”
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Patent Strategy for Startups: Ask “Then What?”
I have watched founders celebrate a granted patent like it was a revenue milestone. The certificate goes up on the wall. The press release goes...
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IP Law News @ip-law.bsky.social · 30/09/2026
New Code, Old Rules: 9th Circuit Says GitHub Copilot’s Output Is Not a “Copy” Under the DMCA
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New Code, Old Rules: 9th Circuit Says GitHub Copilot’s Output Is Not a “Copy” Under the DMCA
AI developers who train large language models on copyrighted code just cleared a significant legal hurdle. On September 16, 2026, the 9th Circuit...
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IP Law News @ip-law.bsky.social · 30/09/2026
Client Alert: Artificial Intelligence Broke the Software Contract: The New Battle Over Indemnities, Warranties, and Liability Caps
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Client Alert: Artificial Intelligence Broke the Software Contract: The New Battle Over Indemnities, Warranties, and Liability Caps
For decades, software contracts followed a relatively predictable pattern. Customers pushed for broad intellectual property (IP)...
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IP Law News @ip-law.bsky.social · 30/09/2026
Domain Name News: September 2026
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Domain Name News: September 2026
This is the September 2026 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation...
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IP Law News @ip-law.bsky.social · 30/09/2026
A Declaration of Independence: A Legal Guide for Artists Navigating the Music Industry
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A Declaration of Independence: A Legal Guide for Artists Navigating the Music Industry
For many artists, independence is a strategic choice driven by measured consideration of creative control and ownership. For others, it reflects...
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IP Law News @ip-law.bsky.social · 30/09/2026
Agentic AI Supply Risk: When the Supplier Does Not Own the Model
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Agentic AI Supply Risk: When the Supplier Does Not Own the Model
BACKGROUND - Companies negotiating with agentic AI providers will often hear that a provider cannot accept a requested commitment because it...
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IP Law News @ip-law.bsky.social · 30/09/2026
The United Arab Emirates Opens Class 33 Trademark Filings for Alcoholic Beverages
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The United Arab Emirates Opens Class 33 Trademark Filings for Alcoholic Beverages
The United Arab Emirates (UAE) Trademark Office has begun accepting trademark applications under Class 33 (alcoholic beverages – other than...
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IP Law News @ip-law.bsky.social · 29/09/2026
K&C Sports & Entertainment Law Weekly Roundup - September 2026 #3
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K&C Sports & Entertainment Law Weekly Roundup - September 2026 #3
Anthropic PBC’s bid to dismiss Reddit Inc.'s lawsuit accusing it of illegally scraping the social media company’s content to train AI models was...
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IP Law News @ip-law.bsky.social · 29/09/2026
Commercializing AI: What Should Be on the AI Contracting Checklist?
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Commercializing AI: What Should Be on the AI Contracting Checklist?
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare?...
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