Intellectual property law

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Intellectual property law
fromPatently-O
1 day ago

An Old Trick in the Patent Book: Targeted Drafting from 1876 to 2026

Patent applicants strategically draft filings to steer USPTO art‑unit assignment and increase claim allowance odds, a practice known as targeted drafting.
#patent-eligibility
#28-usc-1498
#inter-partes-review
fromPatently-O
4 days ago
Intellectual property law

The 'Narrow' Question That Appears in Half of PTAB Obviousness Decisions

fromPatently-O
4 days ago
Intellectual property law

The 'Narrow' Question That Appears in Half of PTAB Obviousness Decisions

#federal-circuit
fromAbove the Law
3 days ago

7 Key Trends In Law Firm Rate Negotiations - Above the Law

Market forces such as rising attorney salaries, persistent inflation, and unrelenting demand in premium practices are giving firms the confidence to push hourly rates beyond historical norms.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 days ago

USPTO De-Designates Two PTAB Decisions on RPIs in Light of Corning Optical

The Office de-designated Proppant Express Invests., LLC v. Oren Techs., LLC, IPR2017-01917, Paper 86 (PTAB Feb. 13, 2019); and Adello Biologics LLC v. Amgen Inc., PGR2019-00001, Paper 11 (PTAB Feb. 14, 2019). According to a USPTO email sent Tuesday, both decisions conflict with the decision in Corning Optical Communications RF, LLC v. PPC Broadband Inc., IPR2014-00440, Paper 68 (PTAB Aug. 18, 2015) (precedential).
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 days ago

Judge Wolson Issues Key Summary Judgment Ruling on Eve of Trial in Arbutus v. Moderna

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware, made several key summary judgment rulings in advance of trial in Arbutus Biopharma Corporation and Genevant Sciences GmbH (collectively "Arbutus") v. Moderna, Inc. and ModernaTx, Inc. (collectively " Moderna "), No. 1:22-cv-00252 (D. Del.).
Intellectual property law
Intellectual property law
fromPatently-O
4 days ago

When Obviousness Rejections Pile On: Rethinking Multi-Reference Combinations

Combining numerous prior art references to reject a patent claim often reflects hindsight and risks improper obviousness findings; doctrinal tests already address this.
fromIPWatchdog.com | Patents & Intellectual Property Law
5 days ago

Inside the PTAB Reset: Practical Fixes for a Reengineered PTAB | IPWatchdog Unleashed

Johnson and I discuss obviousness determinations built on excessive combinations of prior art, warning that such analyses blur the line between legitimate hindsight reconstruction and genuine innovation assessment. We also highlight a systemic blind spot: nuisance "ankle-biter" assertions that exploit litigation economics while largely evading PTAB scrutiny. These cases have driven much of the political backlash against patents while remaining functionally untouched by the post-grant review process.
Intellectual property law
#design-patents
fromPatently-O
6 days ago
Intellectual property law

Find the Differences vs Substantial Similarity: Chief Judge Moore Challenges Federal Circuit's Design Patent Infringement Framework

fromPatently-O
6 days ago
Intellectual property law

Find the Differences vs Substantial Similarity: Chief Judge Moore Challenges Federal Circuit's Design Patent Infringement Framework

#patent-law
#patent-litigation
#intellectual-property
fromIPWatchdog.com | Patents & Intellectual Property Law
1 week ago
Intellectual property law

Strengthening IP Enables Human Creativity and Economic Mobility | IPWatchdog Unleashed

Megan Carpenter rebuilt UNH Franklin Pierce School of Law's IP identity, reversing enrollment decline and restoring alumni engagement through focused strategy, credibility, and execution.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 year ago
Intellectual property law

Other Barks & Bites for Friday, February 7: CAFC Rejects Untimely Expert Testimony and Reassigns Case; CJEU Clarifies Online Marketplace Responsibilities Under GDPR; and IPWATCHPUPPIES ARE ON THE WAY!

Multiple IP rulings and studies affect patents, GDPR data protection for marketplaces, copyright termination rights, and Senate IP Subcommittee leadership.
#trademark
Intellectual property law
fromKotaku
6 days ago

Manga Piracy Site Cost The Industry $5 Billion And Now It's Gone

BATO.TO and roughly 60 affiliated manga piracy sites were shut down after a China-Japan operation, with arrests and alleged economic losses near ¥770 billion.
Intellectual property law
fromPatently-O
1 week ago

Supreme Court IP Docket February 1, 2026: Hikma Leads, Section 101 and IPR Questions on Deck

Hikma v. Amarin challenges inducement doctrine under Hatch-Waxman's skinny-label framework; multiple petitions contest patent eligibility, IPR prior art scope, and trademark issues.
#copyright
fromPatently-O
1 week ago
Intellectual property law

Government Urges Supreme Court to Deny AI Copyright Case, Emphasizing Narrow Question and Statutory Text

fromPatently-O
1 week ago
Intellectual property law

Government Urges Supreme Court to Deny AI Copyright Case, Emphasizing Narrow Question and Statutory Text

#copyright-infringement
fromTechCrunch
1 week ago
Intellectual property law

Music publishers sue Anthropic for $3B over 'flagrant piracy' of 20,000 works | TechCrunch

fromTechCrunch
1 week ago
Intellectual property law

YouTubers sue Snap for alleged copyright infringement in training its AI models | TechCrunch

fromTechCrunch
1 week ago
Intellectual property law

Music publishers sue Anthropic for $3B over 'flagrant piracy' of 20,000 works | TechCrunch

fromTechCrunch
1 week ago
Intellectual property law

YouTubers sue Snap for alleged copyright infringement in training its AI models | TechCrunch

Intellectual property law
fromThe Hacker News
1 week ago

Ex-Google Engineer Convicted for Stealing 2,000 AI Trade Secrets for China Startup

A former Google engineer was convicted for stealing over 2,000 AI-related trade secret documents and transferring them to benefit the People's Republic of China.
Intellectual property law
fromPatently-O
1 week ago

Large Entities Achieve Double the Patent Allowance Rate of Micro Entities

Large entities secure patents at far higher rates than small and micro entities, with allowance rates of 80%, 61%, and 40% respectively.
#ptab
#copyright-law
fromThe IP Law Blog
2 weeks ago
Intellectual property law

The Briefing - Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount's Copyright Win

fromThe IP Law Blog
2 weeks ago
Intellectual property law

The Briefing - Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount's Copyright Win

#patents
fromIPWatchdog.com | Patents & Intellectual Property Law
8 months ago
Intellectual property law

Other Barks & Bites for Friday, May 16: USPTO Wants Comments on E-Commerce Counterfeiting; Bayh-Dole Coalition Honors Faces of Innovation; Google Takes Top Spot in U.S. Patent Filings for Generative AI

IP and AI developments: USPTO OECD roundtable, Federal Circuit conception standard correction, Google now leads generative AI patents, Microsoft commits to unbundle Office bundles.
#trade-secrets
fromPatently-O
1 week ago
Intellectual property law

No Do-Over: Trade Secret Plaintiffs Must Crystallize Their Theory by Summary Judgment

fromPatently-O
1 week ago
Intellectual property law

No Do-Over: Trade Secret Plaintiffs Must Crystallize Their Theory by Summary Judgment

fromIPWatchdog.com | Patents & Intellectual Property Law
4 years ago

The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics

Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees rather than on patent holders? Should prospective licensees have no right to challenge such patents? In another responsive article, that is what one commentator claims our series of articles on IPWatchdog asserted, although we never wrote or suggested anything of the sort.
Intellectual property law
#ipr-institution-rates
fromGeeky Gadgets
1 week ago

OpenAI's Ad-Backed Plan Strains Loyalty as AMD, Google & Microsoft Surge Ahead

Are OpenAI's recent moves a bold leap forward or a risky gamble that could cost them their dominance in the AI race? Below, Matt Wolfe takes you through how the company's latest decisions, like introducing ads in free tiers, launching budget subscriptions, and claiming intellectual property rights on AI-assisted discoveries, are sparking heated debates across the tech world. While these strategies aim to expand OpenAI's reach and diversify its revenue streams, they've also raised concerns about user trust, data privacy, and the company's long-term vision.
Intellectual property law
Intellectual property law
fromPatently-O
1 week ago

Patent Venue's Method Claim Problem: How Many Steps Must Occur in the District?

The central question is whether patent venue requires that all method-claim steps be performed in the forum or whether a subset of steps suffices.
#trademark-law
Intellectual property law
fromPatently-O
1 week ago

Single-Reference Obviousness: Federal Circuit Says Don't Re-Do the Prior Art's Work

Single-reference obviousness requires recognizing prior-art embodiments as complete teachings; motivation-to-combine and reasonable-expectation tests are inappropriate when elements appear together.
Intellectual property law
fromLGBTQ Nation
1 week ago

Patagonia sues drag performer Pattie Gonia for trademark infringement - LGBTQ Nation

Patagonia has sued drag performer Pattie Gonia for trademark infringement, seeking $1 in damages and blocking trademark registration and merchandise sales.
fromPinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news
1 week ago

Outdoor brand Patagonia sues drag queen for trademark infringement

The brand's press release states: "While we wish we didn't have to do this - and actively engaged with Pattie for several years to avoid this - it has become necessary to protect the brand we have spent the last 50 years building." Patagonia's statement claimed that the legal action against the drag queen is due to her failing to stick to a previously made agreement, with the retailer claiming that in late 2024, the drag star began "selling 'Pattie Gonia' branded apparel online and continued to create and use versions of our logo".
Intellectual property law
fromIntellectual Property Law Blog
2 weeks ago

PTAB Overly Relied on Statements of Doubt in Determining Conception and Reduction to Practice in Interference Proceedings

Regents of the University of California ("Regents") and Broad Institute were engaged in a patent interference proceeding involving the adaptation of CRISPR systems to edit eukaryotic DNA. Both parties were engaged in extensive testing related to editing eukaryotic DNA during the time of the invention, and both filed multiple patent applications that became the subjects of the patent interference proceedings.
Intellectual property law
Intellectual property law
fromAbove the Law
2 weeks ago

Mr. Worldwide: Artist Prevails In Fierce Battle Over The Copyright Act's Reclamation Right - Above the Law

U.S. law permits artists to reclaim copyrights after statutory periods to correct initial imbalances and pursue fairer licensing agreements.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago

Creators Launch Campaign to Counter Big Tech's Alleged AI Copyright Theft

The campaign argues that in the race for dominance in the new GenAI technology, some of the world's wealthiest tech companies, along with private equity-backed ventures, have engaged in a "massive rip-off" of creative content without authorization or compensation. According to the campaign, this practice "imperils U.S. jobs, economic growth and global 'soft power' supported by the U.S. creative industries." The campaign warns that this widespread infringement erodes the foundation of the U.S. entertainment industry and disincentivizes the creation of new works.
Intellectual property law
Intellectual property law
fromBusiness Matters
2 weeks ago

Legal experts warn UK firms of rising AI risks in 2026 as regulation tightens

Businesses must tighten governance of AI use to avoid escalating legal, financial and reputational risks from copyright, data protection breaches, and misleading AI outputs.
fromwww.theguardian.com
2 weeks ago

Scarlett Johansson and Cate Blanchett back campaign accusing AI firms of theft

The campaign includes a statement accusing tech firms of using American creators' work to build AI platforms without authorisation or regard for copyright law. It adds: Artists, writers, and creators of all kinds are banding together with a simple message: Stealing our work is not innovation. It's not progress. It's theft plain and simple.
Intellectual property law
Intellectual property law
fromEngadget
2 weeks ago

A-List creatives sign up to fight AI, say it enables 'theft at a grand scale'

Over 700 artists, including Scarlett Johansson, R.E.M., and Vince Gilligan, demand tech companies stop using their copyrighted work to train AI without licensing.
Intellectual property law
fromThe Drum
2 weeks ago

Do brands own the copyright on AI-generated ads?

AI-generated brand imagery may lack copyright protection when created with minimal human input, creating legal uncertainty over ownership for marketers.
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago

EUIPO-OECD Joint Study Details Close Link Between Global Counterfeit Trade and Abusive Labor Practices

Yesterday, the European Union Intellectual Property Office (EUIPO) and the Organisation for Economic Co-operation and Development (OECD) published the results of a joint study detailing the close connection between illicit trade in counterfeits and labor exploitation. The joint study shows clear, repeated associations between the intensity of counterfeit trade and abusive labor conditions, strongly suggesting that such conditions structurally enable the production and distribution of counterfeits.
Intellectual property law
Intellectual property law
fromPatently-O
2 weeks ago

Who Decides When Construction Is Needed? Comcast Seeks Supreme Court Review of O2 Micro's Limits

Whether an appellate court may override a party's deliberate waiver and decide a waived issue without violating party-presentation principles.
fromAbove the Law
2 weeks ago

From Cost Center To Value Engine: Patent Management In The AI Era - Above the Law

In a recent Tradespace and Above the Law survey, two-thirds of companies that draft patents in-house described IP as a value driver, while 71 percent of companies that outsource drafting viewed IP as a cost. When drafting and prosecution move inside, IP teams work closer to engineers and product leaders. This proximity improves invention quality, strengthens claim strategy, and aligns patent decisions with product direction, market timing, and business priorities.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 months ago

If You Care About the Patent System, Consider Filing an Amicus Brief in Hyatt

The enormity of the problem cannot be understated. A Federal Circuit panel recently reached a final decision that, if not overturned, will destroy the U.S. patent system, and will ironically impact the most valuable patents disproportionately. The ruling was simple and continues a disturbing and inexplicable trend-a patent issued after more than six years in prosecution is presumed unenforceable as the result of prosecution laches.
Intellectual property law
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