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IP Law News
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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.

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Federal Circuit Clarifies Patent-Risk Boundaries in Government-Sponsored R&D
Federal Circuit Clarifies Patent-Risk Boundaries in Government-Sponsored R&D
In the recent decision of Arlton v. AeroVironment the US Court of Appeals for the Federal Circuit reaffirmed the broad scope of 28 USC § 1498,...
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February 18, 2026 at 10:29 PM
Confidential Information Cannot be ‘Un-learned’
Confidential Information Cannot be ‘Un-learned’
Discovery is a two-way street. In any litigation, parties are entitled to discover relevant information related to any party’s claims or...
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February 18, 2026 at 9:04 PM
Revenue sharing or restrictive employment? The hidden legal risks in college athletes’ NIL contracts
Revenue sharing or restrictive employment? The hidden legal risks in college athletes’ NIL contracts
The House v. NCAA settlement—finalized in June 2025—was celebrated as a watershed moment for college athletes. For the first time, Division I...
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February 18, 2026 at 8:57 PM
Pharma and biotech innovation and competition in 2026: Five areas to watch
Pharma and biotech innovation and competition in 2026: Five areas to watch
FDA has undergone fundamental changes under the Trump administration. The agency is smaller, but is it smarter? Commissioner Makary has embraced...
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February 18, 2026 at 8:53 PM
Should Your Startup Register Software Copyrights?
Should Your Startup Register Software Copyrights?
If you're leading a high-tech startup, your source code is likely among your most valuable assets. Based on instinct or suggestions from...
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February 18, 2026 at 7:08 PM
[Webinar] AI Trade Secrets: Litigation Trends and Risk Management - March 4th, 9:00 am - 10:00 am PST
[Webinar] AI Trade Secrets: Litigation Trends and Risk Management - March 4th, 9:00 am - 10:00 am PST
Algorithms, training data, and deployment strategies are among the most valuable assets for AI companies, and they are also increasingly at the...
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February 18, 2026 at 6:52 PM
Practical Guidance for Drafting and Reviewing IP Indemnification Clauses
Practical Guidance for Drafting and Reviewing IP Indemnification Clauses
Intellectual property (IP) indemnification provisions can be one of the most heavily negotiated clauses in commercial contracts. An IP...
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February 18, 2026 at 5:24 PM
Sports and Gaming Law 2025 Year in Review: Top Five Developments
Sports and Gaming Law 2025 Year in Review: Top Five Developments
2025 marked a period of profound transformation across the sports and gaming industries. From the explosive growth of prediction markets and...
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February 18, 2026 at 5:24 PM
Federal Court Decision Highlights Alternative Path to Proving Trademark Damages
Federal Court Decision Highlights Alternative Path to Proving Trademark Damages
For trademark owners, proving damages in an infringement proceeding can be a challenging task. It is often difficult to show that the defendant's...
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February 18, 2026 at 4:35 PM
Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
On Friday the 13th, the U.S. Court of Appeals for the Federal Circuit issued its decision in Apple Inc. v. Squires, which turned into a Nightmare...
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February 18, 2026 at 3:20 PM
USPTO Tightens Certification Rules for Anonymous Ex Parte Reexaminations: Another Step in the Post-Reform Landscape
USPTO Tightens Certification Rules for Anonymous Ex Parte Reexaminations: Another Step in the Post-Reform Landscape
On February 6, 2026, the USPTO updated its guidance on anonymous requests for ex parte reexamination. When a patent has previously been the...
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February 18, 2026 at 3:19 PM
The Public Domain Shakedown: Paying for Rights No One Owns
The Public Domain Shakedown: Paying for Rights No One Owns
The idea that creative works eventually enter the public domain isn't a modern invention—it's how copyright has always worked, at least in the...
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February 18, 2026 at 3:18 PM
Top Issues in the Cannabis Industry for 2026
Top Issues in the Cannabis Industry for 2026
2026 brings cautious, steady progress in a continually evolving regulatory and commercial landscape. Stakeholders should expect ongoing change...
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February 18, 2026 at 3:16 PM
K&C Sports & Entertainment Law Weekly Roundup - February 2026 #3
K&C Sports & Entertainment Law Weekly Roundup - February 2026 #3
A suit by parents accusing a Little League Baseball organization of inadequate training of coaches and unsafe conditions for players was thrown...
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February 17, 2026 at 9:31 PM
Microgravity Biomanufacturing: Promise, Proof, and Practical Challenges in Orbit
Microgravity Biomanufacturing: Promise, Proof, and Practical Challenges in Orbit
Biomanufacturing in microgravity is emerging as a significant area of technical and commercial interest, but recent research suggests that...
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February 17, 2026 at 8:15 PM
AI News Roundup – OpenAI accuses DeepSeek of unfair AI development practices, India to mandate labeling of AI-generated content online, Massachusetts rolls out AI chatbot for government workers, and more
AI News Roundup – OpenAI accuses DeepSeek of unfair AI development practices, India to mandate labeling of AI-generated content online, Massachusetts rolls out AI chatbot for government workers, and more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.
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February 17, 2026 at 8:00 PM
In Rare Win for an Applicant, Federal Circuit Reverses TTAB’s Determination That Mark Kahwa Was Not Registerable
In Rare Win for an Applicant, Federal Circuit Reverses TTAB’s Determination That Mark Kahwa Was Not Registerable
Bayou Grande Coffee Roasting Company (“Bayou Grande”), a coffee company based out of St. Petersburg, Florida, faced a long and winding road to...
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February 17, 2026 at 8:00 PM
Domain Name Disputes: When UDRP Works—And When It Doesn’t
Domain Name Disputes: When UDRP Works—And When It Doesn’t
Key Takeaway: While the UDRP can be a fast and cost effective way to recover domain names registered in clear bad faith, it may not succeed in...
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February 17, 2026 at 7:59 PM
Latest Federal Court Cases: Ingevity Corporation v. BASF Corporation
Latest Federal Court Cases: Ingevity Corporation v. BASF Corporation
Ingevity Corporation v. BASF Corporation, Appeal No. 2024-1577 (Fed. Cir. Feb. 11, 2026) - In our Case of the Week, the Federal Circuit...
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February 17, 2026 at 7:44 PM
Can an Idea Be Legally Protected?
Can an Idea Be Legally Protected?
In the world of innovation, one of the most common questions asked by our clients—from entrepreneurs and creators to executives at large...
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February 17, 2026 at 7:28 PM
Court Of Appeals For The Federal Circuit Invalidates In-Store Product Locator Patents As Abstract Under § 101
Court Of Appeals For The Federal Circuit Invalidates In-Store Product Locator Patents As Abstract Under § 101
On February 6, 2026, the Court of Appeals for the Federal Circuit affirmed a decision by the United States District Court for the Western...
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February 17, 2026 at 7:14 PM
January Trade Secrets Litigation Brief: Record Filings, High-Stakes Verdicts, and Appellate Guardrails
January Trade Secrets Litigation Brief: Record Filings, High-Stakes Verdicts, and Appellate Guardrails
Trade secret litigation often turns on fast-moving disputes over information, competition, and control. Each month, we highlight notable rulings,...
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February 17, 2026 at 7:09 PM
[Webinar] Intellectual Property Considerations for Construction Companies - March 3rd, 10:00 am PT
[Webinar] Intellectual Property Considerations for Construction Companies - March 3rd, 10:00 am PT
Construction companies often expose valuable intellectual property through day-to-day operations, including proprietary processes, designs,...
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February 17, 2026 at 6:30 PM
4 Key Takeaways | The Governance of Innovation: Managing New AI, IP, and Regulatory Frameworks
4 Key Takeaways | The Governance of Innovation: Managing New AI, IP, and Regulatory Frameworks
Kilpatrick’s Starling Underwood recently presented on the topic of “The Governance of Innovation: Managing New AI, IP, and Regulatory Frameworks”...
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February 17, 2026 at 6:09 PM
Governing the Internal Use of Artificial Intelligence – Key Considerations
Governing the Internal Use of Artificial Intelligence – Key Considerations
Many studies indicate that more than 70% of companies are making use of artificial intelligence (AI) internally. In some cases, that means the...
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February 17, 2026 at 6:05 PM