News & Analysis as of August 10, 2025

Claim Construction

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

Weintraub Tobin on 6/20/2025

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

A Later-Discovered Improvement to an Invention Cannot Be Used To Reach Back and Invalidate an Earlier-Filed Patent

BakerHostetler on 3/11/2025

Novartis markets and sells a combination therapy of valsartan and sacubitril under the brand name Entresto® for the treatment of various forms of heart failure. MSN submitted an Abbreviated New Drug Application seeking...more

Canadian Patent law 2022: A Year in Review

Smart & Biggar on 1/16/2023

2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions...more

Presenting Complicated Technology Effectively at the PTAB

Jones Day on 12/9/2022

The PTAB recently hosted a Boardside Chat on effectively presenting technology in AIA proceedings. Patent Trial and Appeal Board Boardside Chat: Presenting Technology in AIA Proceedings, (Nov. 17, 2022) (“Presenting...more

Why Patents Can Matter In Trade Secret Cases

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on 7/11/2018

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Using Design Patents to Claim Functional Elements???

Dorsey & Whitney LLP on 5/6/2016

A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental...more

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