Expert Analysis

• Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

  

  The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

• Patent Dispute Takeaways From Ruling In Kodak Appeal

  

  The Unified Patent Court’s recent appeal decision in Kodak v. Fujifilm, confirming that the UPC may exercise jurisdiction over non-UPC patent designations, creates opportunities for patentees to pursue claims involving both UPC and non-UPC designations before a single forum, say lawyers at Morgan Lewis.

• Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

  

  In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

• Who Owns The Data Behind The Beautiful Game?

  

  Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

• Making Deals Once EU Merger, Investment Screenings Overlap

  

  Though proposed updates would result in greater overlap between European Commission merger control efforts and foreign investment screening, dealmakers must understand how different objectives still drive these regimes and how this recalibrated regulatory environment will affect their transactions, say attorneys at Mayer Brown.

• What EU Tech Licensing Changes Mean For Businesses

  

  Following the European Union’s modernization of the Technology Transfer Block Exemption Regulation, organizations should consider how the broadened antitrust safe harbor applies, particularly where technology licensing agreements involve data-sharing arrangements, territorial restrictions or competitor relationships, say lawyers at Steptoe.

• Coordinating Life Sciences IP Strategies In The US And EU

  

  As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

• UK-Gulf Trade Deal Offers Key Benefits, But Hurdles Remain

  

  The U.K.’s recent free trade agreement with the Gulf Cooperation Council is expected to deliver U.K. businesses a competitive advantage, with simplified procedures and tariff removal across manufacturing, services and digital trade sectors, but navigating Gulf regional tensions and differing regulatory regimes will create challenges, say lawyers at King & Spalding.

• AI Makes Law Firm Change Management A Client Issue

  

  As artificial intelligence implementation is causing clients' expectations of outside counsel to shift toward greater risk control and more transparent value, successful law firm transformation and the preservation of professional trust will require governance, training and accountability, says John Hutchinson at Broadfield.

• Generic Drugs Do Not Reach Patients Sooner In The EU

  

  Although the U.S. and European Union take very different approaches to patents, regulatory exclusivities and drug pricing, data shows that the effective market life for brand-name drugs is essentially the same in both jurisdictions, says Margaret Kyle at Mines Paris.

• Guitar Shape Controversy Highlights Nuances Of IP Protection

  

  A recent German case related to Fender's efforts to secure intellectual property protection for its Stratocaster guitar design highlights a structural tension inherent in IP law — the designs that most successfully become embedded in the cultural landscape are the hardest to justify exclusive ownership of, say attorneys at Spencer West.

• AI Deals Call For Tailored Approach To Address Hidden Risks

  

  As artificial intelligence deals continue to advance, they raise complex intellectual property questions with hard-to-verify technical facts that require a different approach to due diligence, risk allocation and execution, say lawyers at Katten.

• Diverging Global AI Rules Raise IP Risks For UK Cos.

  

  Several recent updates to U.K. intellectual property law as it relates to artificial intelligence mark a sharp divergence with approaches in the European Union and U.S., highlighting why a one-size-fits-all IP strategy is not viable for U.K. businesses operating across multiple jurisdictions, say lawyers at Skadden.

• Series

  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• 10 US Patent Pressure Points For EU Life Sciences Cos.

  

  U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.