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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 · 1m

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: August 2026

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: August 2026

For this installment of Readily Ascertainable, we cover an appellate decision addressing when patent inventorship counterclaims are sufficiently...

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IP Law News @ip-law.bsky.social · 33m

First Federal Appellate Fair Use Ruling on AI Training Rejects Non-Generative AI’s Use of Copyrighted Headnotes

First Federal Appellate Fair Use Ruling on AI Training Rejects Non-Generative AI’s Use of Copyrighted Headnotes

In Thomson Reuters v. ROSS, the Third Circuit recently affirmed the district court’s partial summary judgment for Thomson Reuters, holding that...

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IP Law News @ip-law.bsky.social · 41m

Preliminary Injunctive Relief in Trade Secret Cases: When to Move and What to Prove

Preliminary Injunctive Relief in Trade Secret Cases: When to Move and What to Prove

Trade secret holders seeking preliminary injunctive relief must develop evidence of imminent, irreparable harm while acting quickly enough to...

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IP Law News @ip-law.bsky.social · 3h

Hong Kong puts AI copyright legislative amendments on hold, and pivots to establishing operational guidelines

Hong Kong puts AI copyright legislative amendments on hold, and pivots to establishing operational guidelines

Hong Kong has postponed planned legislation that would have amended the Copyright Ordinance to address the use of copyrighted works in training...

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IP Law News @ip-law.bsky.social · 4h

Third Circuit Affirms Copyright Protection for Westlaw Headnotes and Rejects Fair Use Defense in AI Training Case

Third Circuit Affirms Copyright Protection for Westlaw Headnotes and Rejects Fair Use Defense in AI Training Case

The U.S. Court of Appeals for the Third Circuit recently affirmed summary judgment in favor of Thomson Reuters in Thomson Reuters Enterprise...

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IP Law News @ip-law.bsky.social · 4h

Taction Wins Multibillion-Dollar Patent Verdict Against Apple

Taction Wins Multibillion-Dollar Patent Verdict Against Apple

On September 25, in Taction Technology, Inc. v. Apple Inc., a jury in the U.S. District Court for the Southern District of California returned a...

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IP Law News @ip-law.bsky.social · 4h

What Buyers Now Diligence in AI and Autonomy Deals: Lessons from Apple's AI Acquisition

What Buyers Now Diligence in AI and Autonomy Deals: Lessons from Apple's AI Acquisition

The acquisition of AI companies has become one of the most consequential deal categories in technology. Global investment in generative AI surged...

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IP Law News @ip-law.bsky.social · 4h

Tools of the Trade (Secrets): Best Practices from Apple v. OpenAI

Tools of the Trade (Secrets): Best Practices from Apple v. OpenAI

Protecting trade secrets is harder than you might think. It is not enough to identify a trade secret and have employees sign acknowledgements of...

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IP Law News @ip-law.bsky.social · 15h

Intellectual Property Strategy in an Era of Foreign Clinical Trials

Intellectual Property Strategy in an Era of Foreign Clinical Trials

Biologics are one of the fastest-growing areas of pharmaceutical development, and more companies are conducting initial clinical work outside the...

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IP Law News @ip-law.bsky.social · 16h

The AI Tools Speeding Up Drug Discovery Come With Risky Fine Print

The AI Tools Speeding Up Drug Discovery Come With Risky Fine Print

Every week, a lab somewhere feeds a protein sequence into AlphaFold Server and gets back a structure prediction that used to take months to solve...

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IP Law News @ip-law.bsky.social · 20h

Transformative Means More Than “Powered by AI”

Transformative Means More Than “Powered by AI”

Last week, the Third Circuit issued one of the first appellate rulings on copyright and AI training in Thomson Reuters v. ROSS Intelligence. The...

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IP Law News @ip-law.bsky.social · 20h

AI Legal Watch: July 2026

AI Legal Watch: July 2026

AI Counsel Code host Maggie Welsh talks with Ariel House about the emerging legal rules and AI in litigation, including privilege, work product,...

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IP Law News @ip-law.bsky.social · 21h

New Developments in U.S. Trademark and Unfair Competition Law

New Developments in U.S. Trademark and Unfair Competition Law

Kilpatrick partner Ted Davis spoke recently on new developments in U.S. trademark and unfair competition law at the San Francisco Intellectual...

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IP Law News @ip-law.bsky.social · 21h

USPTO SMED Update: What Does It Mean to “Weigh” Evidence of Patent Eligibility?

USPTO SMED Update: What Does It Mean to “Weigh” Evidence of Patent Eligibility?

On Sept. 29, the USPTO issued another memorandum as well as a new flowchart addressing applicant “subject matter eligibility declarations”...

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IP Law News @ip-law.bsky.social · 21h

AI Legal Watch: September 2026

AI Legal Watch: September 2026

Baker Botts special Jason Wilcox examines the vulnerabilities arising from the integration of AI and cloud-based platforms in advanced...

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IP Law News @ip-law.bsky.social · 21h

K&C Sports & Entertainment Law Weekly Roundup - October 2026

K&C Sports & Entertainment Law Weekly Roundup - October 2026

Netflix Inc. was accused in a new proposed class action of using the same surveillance technology that made social media addictive in order to...

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IP Law News @ip-law.bsky.social · 22h

French Tax on Evergreening Practices: Uncertainties Remain for Pharma Companies

French Tax on Evergreening Practices: Uncertainties Remain for Pharma Companies

France's so-called "evergreening tax" has been in force since December 31, 2025, but significant uncertainties remain as to its scope and...

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IP Law News @ip-law.bsky.social · 22h

When Federal Court Is Too Much: Copyright Small Claims and the Case for Registration

When Federal Court Is Too Much: Copyright Small Claims and the Case for Registration

If someone copies your original work, photograph, a marketing video, website copy, training materials, you have rights under copyright law. But...

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IP Law News @ip-law.bsky.social · 22h

Aerospace Update | September 2026

Aerospace Update | September 2026

Companies relying on the U.S. Space Act for patent protection of inventions in orbit should be aware of exceptions to that Act that prevent such...

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IP Law News @ip-law.bsky.social · 22h

Training Day: Third Circuit Affirms Westlaw Headnotes Decision in AI Copyright Fair Use Case

Training Day: Third Circuit Affirms Westlaw Headnotes Decision in AI Copyright Fair Use Case

The U.S. Court of Appeals for the Third Circuit issued the first federal appellate decision directly addressing copyright fair use in the...

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IP Law News @ip-law.bsky.social · 22h

Ninth Circuit Draws DMCA Line For AI-Generated Code

Ninth Circuit Draws DMCA Line For AI-Generated Code

The Ninth Circuit has drawn an important early boundary for applying the Digital Millennium Copyright Act (DMCA) to generative artificial...

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IP Law News @ip-law.bsky.social · 23h

Third Circuit Addresses Fair Use in AI Training, But Leaves Generative AI Questions Unresolved

Third Circuit Addresses Fair Use in AI Training, But Leaves Generative AI Questions Unresolved

The U.S. Court of Appeals for the Third Circuit on Tuesday became the first federal appellate court to decide whether using copyrighted material...

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IP Law News @ip-law.bsky.social · 23h

Latest Federal Court Case: ParkerVision, Inc. v. Qualcomm Inc.

Latest Federal Court Case: ParkerVision, Inc. v. Qualcomm Inc.

In our Case of the Week, a fifteen-year old legal battle returned to the Federal Circuit for the third time. This time, it was returned for lack...

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IP Law News @ip-law.bsky.social · 23h

Intangible Asset Market Value in the Australian Equity Market: Australia’s Integration into the Intangible Economy

Intangible Asset Market Value in the Australian Equity Market: Australia’s Integration into the Intangible Economy

This article focuses on the Intangible Asset Market Value in the Australian Equity Market, using Ocean Tomo's ASX 200 IAMV dataset to show that...

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IP Law News @ip-law.bsky.social · 23h

Federal Circuit Holds That A Claim Covering A Scientific Impossibility Is Not Indefinite, But Is Not Enabled

Federal Circuit Holds That A Claim Covering A Scientific Impossibility Is Not Indefinite, But Is Not Enabled

On October 1, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the District of Delaware’s judgment...

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IP Law News @ip-law.bsky.social · 06/10/2026

Janssen Granted Preliminary Injunction Against Golimumab Biosimilar

Janssen Granted Preliminary Injunction Against Golimumab Biosimilar

On September 30, 2026, the U.S. District Court for the District of Delaware issued an order granting Janssen Biotech, Inc. and Janssen Sciences...

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IP Law News @ip-law.bsky.social · 06/10/2026

Fashion Advertising Case Highlights Insurance Coverage Opportunities and Pitfalls

Fashion Advertising Case Highlights Insurance Coverage Opportunities and Pitfalls

Businesses sometimes overlook valuable coverage that might be available under their existing insurance policies for trademark-infringement and...

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IP Law News @ip-law.bsky.social · 06/10/2026

Life Sciences Patents Monthly Roundup—September 2026

Life Sciences Patents Monthly Roundup—September 2026

Welcome to the September edition of our life sciences patents monthly roundup, where our global A&O Shearman team highlights key developments...

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IP Law News @ip-law.bsky.social · 06/10/2026

The Beauty Industry's Wake-Up Call: How Two 'WIDE AWAKE' Products Sparked a Branding Controversy

The Beauty Industry's Wake-Up Call: How Two 'WIDE AWAKE' Products Sparked a Branding Controversy

The beauty world got a jolt this week when Molly Sims’ YISE Beauty publicly called out Bobbi Brown’s Jones Road Beauty over a new product launch...

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IP Law News @ip-law.bsky.social · 06/10/2026

Trinidad v. OpenAI: Court Addresses Trade Secret Protection And Use Of Public AI Tools

Trinidad v. OpenAI: Court Addresses Trade Secret Protection And Use Of Public AI Tools

A federal court has dismissed a trade secret claim based on information the plaintiff developed while using a public artificial intelligence (AI)...

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IP Law News @ip-law.bsky.social · 06/10/2026

The USPTO Opens the Door Wider for AI Patents

The USPTO Opens the Door Wider for AI Patents

The USPTO is encouraging applicants to submit AI-related patent applications notwithstanding potential eligibility concerns. The precedential...

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IP Law News @ip-law.bsky.social · 06/10/2026

Third Circuit Rejects Fair Use for ROSS’s Copying of Westlaw Headnotes

Third Circuit Rejects Fair Use for ROSS’s Copying of Westlaw Headnotes

The Third Circuit held on September 29, 2026 that 2,243 Westlaw headnotes are original enough for copyright protection and that ROSS...

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IP Law News @ip-law.bsky.social · 06/10/2026

Global AI Regulation: EU AI Act, U.S., UK, China, and Key Compliance Risks for Companies

Global AI Regulation: EU AI Act, U.S., UK, China, and Key Compliance Risks for Companies

Artificial intelligence regulation has moved from policy discussion to an immediate compliance issue for companies operating...

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IP Law News @ip-law.bsky.social · 05/10/2026

When Commercial AI Meets Defense Data: Privacy, Security, and Data Rights Considerations

When Commercial AI Meets Defense Data: Privacy, Security, and Data Rights Considerations

The Pentagon wants commercial AI, and AI companies want the Pentagon’s business.

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IP Law News @ip-law.bsky.social · 05/10/2026

Reissue, Reexamination, and Supplemental Examination Strategies and Insights – September 2026

Reissue, Reexamination, and Supplemental Examination Strategies and Insights – September 2026

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a...

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IP Law News @ip-law.bsky.social · 05/10/2026

Intellectual Property Report - October 2026

Intellectual Property Report - October 2026

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 · 05/10/2026

Key Takeaways and Access to Webinar Recording – From Prompt to Proof: Investigating and Litigating Trade-Secret Theft in the Age of AI

Key Takeaways and Access to Webinar Recording – From Prompt to Proof: Investigating and Litigating Trade-Secret Theft in the Age of AI

As part of Seyfarth’s 2026 Trade Secrets Webinar Series, our panel presented From Prompt to Proof: Investigating and Litigating Trade-Secret...

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IP Law News @ip-law.bsky.social · 05/10/2026

China's Supreme Court Issues Landmark Judicial Rules on AI: Implications for Product Liability, IP, Data, and Generative AI

China's Supreme Court Issues Landmark Judicial Rules on AI: Implications for Product Liability, IP, Data, and Generative AI

On September 7, 2026, the Supreme People's Court ("SPC") of China released the Opinions of the SPC on the Trial of Cases Involving Artificial...

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IP Law News @ip-law.bsky.social · 05/10/2026

Training in the Safe Zone: Building AI Models in Copyright Havens

Training in the Safe Zone: Building AI Models in Copyright Havens

The global artificial intelligence race is no longer defined solely by compute power and algorithmic breakthroughs. It is increasingly shaped by...

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IP Law News @ip-law.bsky.social · 05/10/2026

Sound and Color LLC v. Samuel Smith

Sound and Color LLC v. Samuel Smith

District court denies defendants’ motion for summary judgment in music copyright infringement suit, holding that plaintiff’s expert testimony...

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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

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

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

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

“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

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

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

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)

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

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

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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