North America: Intellectual Property

Hermione Thompson and John Leeming are partners and European and UK Patent Attorneys at J A Kemp.

M&A activity in AI is increasingly defined by speed, asymmetry of information and the quality of intangible assets. Financial performance still matters, but I’ve noticed it is no longer sufficient on its own. Buyers are underwriting something less visible and in many cases more determinative of long-term value: the defensibility of the underlying technology.

As renewable energy companies race to innovate and scale, many are overlooking a critical vulnerability: inadequate intellectual property protection. Two experienced attorneys reveal the strategic steps technology-focused clean energy firms must take throughout product development to safeguard their competitive position, secure financing, and maximize value in future transactions.

El 7 de agosto de 2026 se publicó en el Diario Oficial de la Federación el “Acuerdo por el que se modifican las Reglas de carácter general a que se refiere la Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita” (la “LFPIORPI”).

On August 7, 2026, the Agreement amending the general rules of the Federal Law for the Prevention and Identification of Transactions with Funds from Illicit Sources (“LFPIORPI”) was published in the Federal Official Gazette.

On August 28, 2026, President Sheinbaum submitted a bill (the “Bill”) proposing an amendment to the Foreign Investment Act (the “FIA”) to introduce a dedicated national-security screening regime.

Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.

The Defend Trade Secrets Act marked its 10th anniversary in 2026, promising a unified national standard for trade secret protection. Has federal litigation delivered on this promise, or do state laws and circuit splits continue to fragment the landscape? This analysis examines key trends, unresolved legal questions, and emerging challenges posed by artificial intelligence in trade secret enforcement.

Explore how AI coding assistants face new security vulnerabilities, trade secret protection challenges in AI-driven businesses, and the evolving landscape of algorithmic pricing in retail. Discover insights on digital asset regulation, sports integrity cases, and the impact of AI on M&A due diligence.

InvaGen Pharmaceuticals Inc., a Cipla Limited subsidiary, has entered into a strategic partnership with Qilu Pharmaceutical Co., Ltd. for the licensing and supply of QL2107, a biosimilar to Merck's KEYTRUDA® (pembrolizumab), in the United States. This collaboration represents the latest in a series of partnering transactions directed to pembrolizumab biosimilar candidates, with Qilu handling development and regulatory registration while Cipla USA manages commercialization.

A company trying to register a trademark sometimes encounters an unusual situation: the owner of the trademark cited against its application does not object to the registration, but the United States Patent and Trademark Office still does.

Paul Bain has completed the second edition of Art Law: Cases and Controversies, a comprehensive legal guide published by LexisNexis that examines the intricate legal frameworks governing art creation, transactions, collecting, and preservation. The publication features contributions from leading professionals and addresses how traditional art law principles intersect with modern challenges posed by the Internet and artificial intelligence technologies.