Second Circuit Follows Third Circuit in Applying Broad ‘Use’ Definition for DTSA Misappropriation Claims

Yesterday, the U.S. Court of Appeals for the Second Circuit reversed and remanded the Southern District of New York’s dismissal of trade secret misappropriation claims filed against fintech company Arcesium by rival SS&C Technologies. Deciding that a broad definition of “use” under the Defend Trade Secrets Act (DTSA) was consistent with Second Circuit case law, the appellate court held that the district court erred in finding no misappropriation of SS&C’s alleged trade secrets and improperly credited Arcesium’s explanation of emails attached to SS&C’s complaint at the motion to dismiss stage.

CJEU Advocate General Outlines Copyright Limits for AI News Summaries

Advocate General Maciej Szpunar of the Court of Justice of the European Union (CJEU) issued an opinion on Tuesday in the first case on generative AI to reach the Court. The opinion ultimately held that “the retrieval and reuse, in real time, of online press publications by AI chatbots in order to generate answers to user queries may, in certain circumstances, infringe the rights of press publishers.” The opinion is nonbinding on the CJEU.

Rare Disease Treatment Patents after Amgen: Can Claims Cover Untested Genetic Mutations?

On October 14, 2026, the Food and Drug Administration (FDA) announced the Rare Disease Framework Initiative. The goal of this effort is quite essential for patients with rare (orphan) diseases – to develop an approach for assessing medicines for orphan diseases with a focus on the evidence that can be gathered for this assessment. The FDA proposes to include disease characteristics, patient needs, patient population size, and characteristics of orphan medications. The initiative does not itself establish new approval standards. Although the initiative relates to regulatory evidence matters, it also raises a separate legal question about the evidence needed to support patent claim scope.

When AI Adoption Outpaces IP Protection: The Risks Companies Must Address | IPWatchdog Unleashed

This week on IPWatchdog Unleashed, we have a discussion about the IP risks associated with AI use and adoption, with Stephanie Curcio, Marlene Valderrama, Kendra Ervin and Rinat Shangeeta. The discussion reveals a consequential gap with how businesses are deploying AI. Many companies are moving faster to adopt AI than their governance, contracting and IP review processes can accommodate. For those responsible for protecting innovation and confidential information, the challenge is ensuring that enthusiasm for AI adoption does not obscure the consequences of how these tools are actually used.

Streaming Coalition Urges Squires to Support Enforcement Against Abusive SEP Licensing Practices

A coalition of ten streaming, broadcasting, and audiovisual media organizations, including the Motion Picture Association (MPA) and the Streaming Innovation Alliance, sent a letter today to U.S. Patent and Trademark Office (USPTO) Director John Squires, urging him to “support strong public and private sector enforcement against abusive SEP licensing practices.” The signatories said that abuse of standard essential patents (SEPs) was undercutting the open process of setting standards for the video streaming technologies their members use.

The UPC Marks the Edge of Its Own Jurisdiction in Sandoz v. Novo Nordisk

In a procedural order dated October 22, 2026, the Milan Central Division of the Unified Patent Court (UPC) delivered a short ruling in Sandoz v. Novo Nordisk (UPC_CFI_2221/2026) that deserves more attention than its procedural posture suggests. The operative holding is a single sentence: the UPC has no jurisdiction to entertain a claim seeking a declaration that a composition, independently of a specific patent right, was obvious at a given priority date. Behind that line sits a question the court will keep meeting as it matures: what, exactly, is this court for, and where does its competence stop?

OpenAI Touts Briefs Backing Fair Use for AI Training

OpenAI published a post on Friday, titled “Fair use benefits everyone,” featuring excerpts from 20 filings that urge the U.S. District Court for the Southern District of New York (SDNY) to find that training large language models (LLMs) on copyrighted works is fair use. All but one are amicus briefs filed on or before the October 30 deadline in In re OpenAI, Inc. Copyright Infringement Litigation, the multidistrict litigation (MDL) that combines copyright lawsuits filed against OpenAI and Microsoft by The New York Times and other news publishers, Ziff Davis, and a group of authors, led by the Authors Guild, seeking to proceed as a class.

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