Continue to Monitor Evolving AI Regulations and Requirements
On December 11, 2025, a new Executive Order titled “Ensuring a National Policy Framework for Artificial Intelligence” was issued, signaling renewed federal interest in AI regulation.
IP Alerts
Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC
On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), fi...
CAFC Decision on Orange Book Listings for Drug/Device Combination Patents
On December 20th, 2024, the Court of Appeals for the Federal Circuit issued an important decision in Teva Branded Pharmaceutical Products R&D v. Amneal Pharmaceuticals that impacts Orange Book (OB...
USPTO Trademark Fee Changes: What You Need to Know
Fees for certain trademark filings at the US Patent and Trademark Office (USPTO) will increase on January 18, 2025. Trademark owners may want to file new applications and maintain and renew current re...
USPTO Patent Fee Changes: What You Need to Know
The US Patent and Trademark Office (USPTO) has released a final rule implementing increases to various patent fees, effective January 19, 2025. This will impact 433 patent fees, including the introduc...
Allergan ‘First’ Exception to Cellect ODP Scenarios
In a highly anticipated decision in Allergan v. MSN Labs., the Federal Circuit held yesterday that claims in a first-filed, first-issued, later-expiring patent cannot be invalidated for double patenti...
Highlights of the USPTO’s Updated Guidance on Subject Matter Eligibility Including Artificial Intelligence
The USPTO provides new subject matter eligibility guidance, along with three new examples, specifically focused on inventions related to artificial intelligence.
Supreme Court Upholds Constitutionality of the Trademark Act’s “Names Clause” in Affirming Refusal to Register TRUMP TOO SMALL
Today, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)), which prohibits registration of a mark that “[c]o...
LKQ v. GM: What In-House Counsel Needs to Know About This Change in Design Patent Law
On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. et al. v. GM Global Technology Operations LLC, overturning the long-...
USPTO Proposed Terminal Disclaimer Can Terminate Patents
The USPTO on May 10, 2024, issued a notice of proposed rulemaking (NPRM) raising the requirements for accepting a Terminal Disclaimer (TD) to obviate obviousness-type double patenting (ODP). Specifica...
How The FTC Noncompete Rule Impacts Your Intellectual Property
On April 23, 2024, the FTC adopted a comprehensive ban on noncompetes. The FTC’s noncompete ban affects both intellectual property protection and employment agreements/procedures. We recommend consult...
USPTO Guidance on Use of AI-Based Tools in Practice: How to Mitigate Risk
Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations