Federal Circuit Ends Presumption of Irreparable Harm in Patent Injunctions
A precedential ruling clarifies that patent holders must prove irreparable harm for preliminary injunctions, aligning with Supreme Court precedent.
Law & Policy
AI regulation, litigation, copyright and IP, and privacy law.
USPTO Reexam RPI Disclosure Proposal Splits Commenters
A USPTO proposal to require third-party reexamination requesters to disclose real parties in interest has drawn sharply divided comments.
Music Sampling's Legal Shift From Unregulated Era to Today
An IPWatchdog analysis examines how music sampling moved from a lawless golden age to a complex legal landscape.
Patents Are Still National Rights, Podcast Reminds Global Innovators
A patent strategy podcast stresses that even in a globalized economy, patent protection remains confined to national borders.
CAFC Upholds $250K Fee Award Against EscapeX in Google Case
The Federal Circuit affirmed a district court's award of attorneys' fees to Google, concluding that EscapeX's lawsuit was frivolous.
Fourth Circuit Clarifies DTSA 'Reasonable Efforts' Standard
The ruling addresses the most contested element of trade secret misappropriation claims under the Defend Trade Secrets Act.
House IP Subcommittee Urges Action on Site Blocking and NO FAKES
Lawmakers and witnesses called for new enforcement tools, including site-blocking mechanisms and a federal right to control digital replicas, during a House IP subcommittee hearing on the internet's midlife crisis.
Federal Circuit Affirms Noninfringement Ruling in Fluorescence Detection Patent Case
The Federal Circuit upheld a district court's summary judgment that the accused product did not infringe, resolving the case on claim construction grounds.
Courts Rule on Patent Standing, Drug Diversion, and Lanham Act Fees
Federal appellate decisions this week narrowed patent advocacy standing, upheld drug enforcement and CMS pricing interpretations, and widened a circuit split on trademark fee awards.
Supreme Court's Cox Decision and the Digital Marketplace
A new analysis examines how the ruling could affect the legal foundations of the legitimate digital content economy.
Patagonia–Pattie Gonia Dispute Tests Parody as Trademark Defense
The clash between the outdoor brand and the drag performer highlights how courts weigh parody against trademark protection.
Supreme Court Signals Middle-Ground ISP Liability Test in Cox v. Sony
Oral arguments suggest the justices are unlikely to fully embrace either Cox's or Sony's position on ISP liability for subscriber infringement.
Federal Circuit Avoids Ruling on State Anti-Troll Laws
The Federal Circuit dismissed Longhorn's appeal on jurisdictional grounds, leaving the constitutionality of state anti-troll laws unresolved.
USPTO Rescinds AI Inventorship Guidance, Rejects Pannu Factors
The agency's new guidance reverses the previous administration's stance and clarifies that the Pannu joint-inventorship test does not apply when AI is involved.
Patent Prosecution Adapts to AI and Quantum Computing
An IPWatchdog interview with Finnegan partner Aaron Capron highlights how patent practice is shifting to keep pace with emerging technologies.
IPWatchdog's Dog of the Year Contest: A Canine Detour from IP Law
The IP law blog is crowning a winner among the dogs featured in its weekly column.
Federal Circuit Upholds PTAB Ruling Against WAG Streaming Patent
The appeals court affirmed that WAG Acquisition's streaming media patent claims were anticipated, ending the patent owner's bid to revive them.
Litigation Transparency Act Stalls in House Judiciary Committee
A bill to curb third-party litigation funding failed to advance, while a separate foreign-manipulation bill was introduced.