North America: Intellectual Property

Companies can strengthen their patent portfolios by anticipating potential disputes long before litigation arises. Marshall Gerstein partner Ryan Schermerhorn explains how patent prosecution, portfolio monitoring, and enforcement should function as interconnected parts of a unified strategy rather than isolated stages of the patent lifecycle.

Découvrez les facteurs clés pour optimiser votre stratégie d'enregistrement de marques de commerce : quelles marques protéger en priorité, dans quels territoires investir, et comment choisir entre les systèmes nationaux, régionaux ou internationaux. Explorez les avantages et inconvénients de chaque approche pour maximiser la protection de vos actifs de propriété intellectuelle tout en maîtrisant vos coûts.

Navigating the federal trademark registration process requires understanding key steps from initial filing through long-term maintenance. This comprehensive guide walks through USPTO requirements, potential obstacles like office actions and opposition proceedings, and the ongoing obligations trademark owners must fulfill to maintain their registrations.

On May 15, 2026, a substantial revision of China’s Implementing Regulations of the Drug Administration Law (the Regulations or Implementing Regulations) took effect, introducing, among other items, a formal data protection framework. On the same day, China’s National Medical Products Administration (NMPA) issued the Implementing Measures for Drug Trial Data Protection (the Measures), giving operational effect to the Regulations’ data-protection article for the first time since China accepted the underlying obligation upon World Trade Organization (WTO) accession.

The Federal Circuit vacated a PTAB decision on patent obviousness, establishing that a provisional application must provide written description support for at least one published claim to qualify as prior art under its earlier filing date. This ruling clarifies the requirements for claiming priority from provisional applications and impacts how patent practitioners should approach provisional filing strategies.

Biocon Limited has commercially launched YESAFILI (aflibercept-jbvf), a biosimilar to Regeneron's EYLEA, in the United States following settlement agreements that lifted previous injunction barriers. This marks the second aflibercept biosimilar available in the U.S. market, entering a competitive landscape where patent litigation continues to shape biosimilar entry strategies. The launch follows a complex legal journey involving multiple jurisdictions and settlement negotiations that ultimately permitted ea

Share on Twitter Print Share by Email Share Back to top Internal Revenue Code Section 409(p) (Section 409(p)) imposes significant obligations on S corporation Employee Stock Ownership Plans (ESOPs) with severe penalties for noncompliance.

A federal appeals court has reversed a lower court's dilution ruling in the decade-long trademark dispute between Jack Daniel's whiskey and VIP's "Bad Spaniels" parody dog toy. The Ninth Circuit held that Jack Daniel's failed to prove the humorous dog toy actually tarnished its famous brand, despite creating a mental association with the whiskey marks.

A federal court awarded Van Leeuwen Ice Cream nearly $24 million in a trademark infringement case against Rebel Creamery, but less than a month later, Rebel filed for Chapter 11 bankruptcy protection.

Share on Twitter Print Share by Email Share Back to top Internal Revenue Code Section 409(p) (Section 409(p)) imposes significant obligations on S corporation Employee Stock Ownership Plans (ESOPs) with severe penalties for noncompliance.

This comprehensive AI Reporter from Benesch's AI Commission examines the rapidly evolving landscape of artificial intelligence litigation, regulation, and business deployment. From intellectual property disputes involving major studios and AI music generators to state-level regulatory frameworks addressing data centers, employment practices, and consumer protection, the newsletter explores how courts, legislators, and policymakers are responding to AI's transformative impact.

The Federal Court of Appeal's decision in SOCAN v. Apple Canada addresses when courts will review administrative decisions before they become final. The ruling establishes that even significant legal determinations made during bifurcated proceedings remain interlocutory until the administrative body completes its entire process. What threshold must parties meet to justify immediate judicial review of preliminary rulings?