Intellectual Property

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Judge Won't Rethink Insurer's Duty To Cover Data Center Row

    A California federal judge refused to allow Navigators Specialty Insurance Co. to file a reconsideration motion for a prior ruling that dismissed the insurer's claims in its coverage suit against a client company taken into arbitration over a California data center project.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Supreme Court Shuts Down 'Skinny Label' Drug Patent Suit

    The U.S. Supreme Court on Thursday ended a patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, saying Amarin Pharma Inc. had not plausibly alleged that Hikma encouraged healthcare providers to infringe its patents.

  • June 04, 2026

    AI Co. Midnight Labs Gets Sony Innovation Fund Investment

    Midnight Labs, a Dublin-based artificial intelligence company focused on intellectual property enforcement, announced Thursday it received an investment from the Sony Innovation Fund to expand its software in the U.S. and Japanese markets.

  • June 03, 2026

    CBP Says Stiiizy's New Vape Cartridges Clear Pax Patents

    U.S. Customs and Border Protection has cleared vape company Stiiizy to import its redesigned oil cartridges, ruling they do not violate patents held by rival Pax Labs Inc., despite the competitor having successfully persuaded the U.S. International Trade Commission to block an earlier version of Stiiizy's products.

  • June 03, 2026

    Squires Institutes 3 Patent Reviews, Denies 3 Others

    U.S. Patent and Trademark Office Director John Squires on Tuesday granted three requests for review of patents under the America Invents Act, while turning down three other petitions.

  • June 03, 2026

    Samsung Can't Appeal Conflicting Alice Ruling In $78.5M Case

    A Texas federal judge has refused to let Samsung appeal a decision upholding two patents that resulted in a $78.5 million jury verdict against the South Korean tech giant after a different court found one of the patents invalid.

  • June 03, 2026

    Iconic Lamp Design Isn't MillerKnoll's, 6th Circ. Told

    Counsel for the family of the late designer George Nelson told a Sixth Circuit panel Wednesday that a lower court decision awarding intellectual property rights for his iconic bubble lamp to furniture company MillerKnoll was based on a faulty interpretation of a 2015 contract amendment and should be overturned.

  • June 03, 2026

    KeyBank, Investment Advisers Settle Suit Alleging Client Theft

    KeyBank affiliate Key Investment Services LLC has agreed to settle its suit accusing two former investment advisers of stealing trade secrets and violating their employment agreements by soliciting customers.

  • June 03, 2026

    Tech Industry Groups Back Apple High Court Bid In Epic Case

    Several technology industry groups threw their support behind Apple Inc. on Wednesday, telling the U.S. Supreme Court an injunction issued in a case brought by Epic Games Inc. tries to alter the service Apple provides to millions of developers based on complaints from a single company.

  • June 03, 2026

    Top Wireless Cos. Get PTAB To Wipe Out 5G Patent

    The Patent Trial and Appeal Board has invalidated a 5G technology patent that mobile providers like AT&T, T-Mobile and Verizon had been accused of infringing in now-dropped litigation, after finding the claims of the patent were obvious.

  • June 03, 2026

    Patent Suit Puts Drum Carrier Function Over Form, Court Told

    Counsel for a Japanese musical instrument manufacturer asked a Pennsylvania federal judge Wednesday to toss a patent infringement case it's facing from drum-maker Pearl Musical Instrument Co. Ltd. over marching band drum carriers, arguing that Pearl wrongly focused on the functionality of its competitor's carrier rather than its looks.

  • June 03, 2026

    Electronics Co. Sues Rival Over Plasma Patents Used In Chips

    A company that offers plasma systems for manufacturing semiconductors has sued a rival in New Hampshire federal court, saying the competitor was infringing four patents covering atmospheric-pressure plasma systems.

  • June 03, 2026

    Fed. Circ. Affirms PTAB Invalidation Of Railcar Patent Claims

    The Federal Circuit on Wednesday refused to revive claims across a pair of Amsted Rail Co. Inc. patents covering a way of monitoring the performance of railcars, backing Patent Trial and Appeal Board decisions that the claims were invalid.

  • June 03, 2026

    Netflix Again Beats NJ Atty's IP Suit Over Boy Scouts Films

    Netflix Inc. fought off an amended complaint in New Jersey federal court Tuesday from an attorney claiming that it infringed on his copyright for a documentary about sexual abuse in the Boy Scouts of America, when the judge ruled the suit relied on uncopyrightable facts.

  • June 03, 2026

    M&A Claim Payouts Hit $1B High In North America, Aon Says

    The frequency and severity of claims made under policies for mergers and acquisitions have risen in recent years, with Aon's North American clients recovering a record-breaking $1 billion across transactional liability lines in 2025, according to a report published Wednesday.

  • June 03, 2026

    UK Requiring Google To Let Publishers Opt Out Of AI

    Google is giving publishers tools to prevent their content from being used to power the artificial intelligence features shown in search results, after Britain's competition enforcer imposed new requirements Wednesday.

  • June 02, 2026

    Google Can't Ditch Software Co.'s Patent Infringement Suit

    Google must face a software company's claim that the tech giant directly infringed one of its patents with its Google Cloud Platform and other products, a California federal judge has ruled, trimming the suit while allowing the patent owner to rework its indirect infringement claims.

  • June 02, 2026

    Finalized Trump Order Seeks Early Cyber Tests Of AI Models

    President Donald Trump signed an executive order Tuesday to push the developers of advanced artificial intelligence models to voluntarily share their systems with the federal government for pre-release cybersecurity testing, following changes to a previous draft that the president abruptly shelved last month due to concerns about its effect on innovation. 

  • June 02, 2026

    11th Circ. Reverses 2 Live Crew's Copyright Clawback Win

    The Eleventh Circuit ruled Tuesday that hip hop group 2 Live Crew could not reclaim copyrights to five albums despite most of them agreeing to terminate copyright grants to third parties, saying in a published opinion that one member's termination interests were "swept" in, and remained in, his bankruptcy estate.

  • June 02, 2026

    Samsung, Micron Face Fresh Patent Threats From Netlist

    Netlist Inc. has accused Samsung Electronics Co. Ltd. and Micron Technology Inc. of infringing more of its patents covering memory and storage technology, the latest chapter in wide-ranging, long-running intellectual property disputes between the companies, according to a pair of complaints filed in Texas and Delaware.

  • June 02, 2026

    Texas Biz Court Sinks Vessel Tracking Co.'s Discovery Bid

    A Texas Business Court judge quoted ancient Greek philosophers when he denied a request for an order submitted by a geospatial data analytics company seeking discovery relating to a government bid from its erstwhile business partner, saying that granting the request may create unintended harm.

  • June 02, 2026

    NOTUS Rebrand Halted As Judge Backs Washington Star

    A Virginia federal judge Tuesday blocked the impending relaunch of NOTUS as "The Star" one day before it was set to take place, siding with conservative publisher Dovid Efune, who accuses the news organization of trademark infringement.

  • June 02, 2026

    Louis Vuitton Sues Hotel Casino Over Counterfeit Giveaways

    Louis Vuitton slapped Live Casino & Hotel with a trademark infringement suit in Maryland federal court Monday, alleging it distributed infringing items like handbags and toiletry bags replicating the luxury brand's famed Monogram design marks as promotional giveaways in a mass marketing campaign intended to drive traffic and business.

Expert Analysis

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Cos. Must Update Protocols To Protect Trade Secrets From AI

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    A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • At The Fed. Circ., Means-Plus-Function Is Not Quite Dead

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    Recent Federal Circuit opinions confirm that means-plus-function claims continue to be drafted, issued, litigated and even infringed — but minding the restrictions imposed over the years by courts and statute requires three steps, says Jay Yates at Patterson & Sheridan.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Opinion

    USPTO Should Let Inventors Valuate Patents In Prosecution

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    By building patent valuation into the application process, rather than waiting until potential litigation years down the line, the U.S. Patent and Trademark Office would streamline the process for inventors protecting and enforcing their patents, says John Powers at Powers IP.

  • Australia's Computer Patent Ruling Will Aid Global Companies

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    While courts around the world have struggled to articulate a technology-neutral test for patentability of computer-implemented inventions, a recent decision by Australia's top court offers a decisive answer, creating strategic opportunities for overseas applicants, say attorneys at Mallesons.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • What GCs Should Consider Before Tendering TM Litigation

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    When a trademark lawsuit lands on a general counsel's desk, the instinct is to tender it to the insurer, but that model often breaks down in intellectual property litigation, where the stakes extend far beyond defense costs to injunctions, forced rebranding and permanent market constraints, says Bill Wagner at Taft.

  • Adapting To The Shift Toward Ex Parte Patent Challenges

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    As recent U.S. Patent and Trademark Office developments shift the patent challenge landscape, challengers will need to reconsider long-held assumptions about forum selection for validity challenges, and patent owners should prepare to defend against more ex parte filings, say attorneys at Marshall Gerstein.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • 5 Key Questions Attys Should Ask About Statistical Analyses

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    Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

  • USPTO's AI Search Pilot May Reshape Patent Filing Strategy

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    The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

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