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Cantor Colburn | August/September 2026 Ideas on Intellectual Property Law
How not to draft a patent claim
This article discusses a Federal Circuit decision finding software patent claims ineligible because they failed to require many of the technological improvements described in the specifications. It highlights the importance of claim drafting in patent eligibility disputes and addresses the role of inventive concepts under the Alice framework.
The Trustees of Columbia University v. Gen Digital Inc., No. 24-1243, Mar. 11, 2026, Fed. Cir.
The Digital Millennium Copyright Act: Court clarifies safe harbor protection
This article reviews a Second Circuit decision addressing the limits of DMCA safe harbor protection for online platforms. It examines when a provider's involvement in reviewing and selecting user content may create factual issues that preclude dismissal of copyright infringement claims.
McGucken v. Shutterstock, Inc., No. 23-7652, Feb. 10, 2026, 2d Cir.
Are genetically engineered molecules patentable?
The U.S. Court of Appeals for the Federal Circuit issued an important ruling for the life sciences industry in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., No. 24-1408 (Fed. Cir. Feb. 20, 2026), addressing the patent eligibility of genetically engineered compositions. This article examines the analysis applied by the court of when biotechnology inventions composed of naturally occurring components are markedly different from naturally occurring materials and therefore patent eligible. It also discusses the Patent Trial and Appeal Board's subsequent application of the decision in Ex parte Frank C. Marini and Shay Soker, 2026 Pat. App. LEXIS 3276 (PTAB Aug. 4, 2026), which relied on REGENXBIO to reverse a §101 rejection of claims directed to liver organoids composed of naturally occurring components. Notably, neither matter applies the two-step Alice/Mayo analysis to arrive at eligibility. Together, these decisions provide valuable guidance on patent eligibility for biotechnology and life sciences innovations.
REGENXBIO Inc. v. Sarepta Therapeutics, Inc., No. 24-1408, Feb. 20, 2026, Fed. Cir.
Taking a bite out of a trademark infringement claim
This article highlights a Seventh Circuit decision finding substantial evidence that the term "Pizza Puff" had become generic despite federal trademark registration. It emphasizes that registered trademarks remain vulnerable to challenges based on genericness.
Illinois Tamale Co., Inc. v. LC Trademarks, Inc., Nos. 24-3317, 25-1072, 25-1076 & 25-1112, Jan. 16, 2026, 7th Cir.
