Insights

Here’s an update on recent legal developments involving artificial intelligence (AI) and intellectual property (IP). Human Authorship and Copyright The DC Circuit Court has affirmed the denial of copyright registration for work created via AI. The… Read More

The Federal Circuit has ruled that it is necessary to have a written description to support admitted prior art. The case is In re: Xencor, Inc. As the court explained, Anti-C5 antibodies are monoclonal antibodies that bind to C5, a protein that perfo… Read More

The Federal Circuit has affirmed a district court’s summary judgment ruling in favor of the US Patent and Trademark Office (USPTO) following a civil action by ImmunoGen seeking to obtain a patent after an unsuccessful ex parte appeal of a patent ap… Read More

The Federal Circuit has overturned a decision by the International Trade Commission (ITC or Commission) on a polycrystalline diamond compound owned by US Synthetic. The case is US Synthetic Corp. v. International Trade Commission. US Synthetic Corp.… Read More

The Federal Circuit has found that the Patent Trial and Appeal Board (PTAB or Board) construed patent claims erroneously but that the error was harmless. HD Silicon Solutions LLC (“HDSS”) appealed from a decision of the PTAB holding claims 1–7… Read More

As Variety notes, Some of the most high-profile copyright infringement cases happen in the music industry, where the accusation of plagiarism is as nebulous as a concept can get. It happens sometimes by accident — an “unconscious borrowing” —… Read More

The Fourth Circuit has vacated and remanded an opinion by a lower court finding that the term “MOKE” is a generic term for the style of vehicles sold by both of the parties to the dispute. The case is Moke America LLC v. Moke International Ltd. A… Read More

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) have reintroduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act. The Act, first introduced in July of 2024, would restore the rebu… Read More