Intellectual Property

  • May 13, 2026

    Fed. Circ. OKs Lululemon Win On Nike Fitness Tracking Patent

    A Federal Circuit panel on Wednesday, in a one-line order, affirmed the Patent Trial and Appeal Board's determination that Nike's infringement claims against Lululemon Athletica Inc. related to fitness-tracking technology were invalid.

  • May 12, 2026

    Micron Foe Owes $8M 'Patent Troll' Bond, Idaho Court Says

    An Idaho federal judge said Tuesday "the time has finally come" for Longhorn IP and its Katana Silicon Technologies unit to pay an $8 million bond imposed three years ago under a state law against "patent trolls" after they alleged Micron Technology made memory devices that infringe their semiconductor patents.

  • May 12, 2026

    Ex-Google Engineer's Bid To Nix Conviction Nears Partial Win

    A California federal judge appeared open Tuesday to partly unwinding a jury's decision to convict a former Google engineer of trade secret theft and economic espionage, saying he's "somewhat skeptical" of the economic espionage charges since he doesn't see sufficient evidence the engineer intended to benefit China.

  • May 12, 2026

    Everything's About AI, Even This Case About AI-Free 'Avatar'

    An actor's suit alleging that director James Cameron improperly used her likeness in "Avatar" makes no mention of artificial intelligence and targets a film from nearly two decades ago, but even so, the case raises questions about how much people can protect themselves against unauthorized AI-generated content.

  • May 12, 2026

    Authors Accuse OpenAI Of Arguing Differently On Each Coast

    An attorney representing authors accusing OpenAI of feeding their copyrighted works into training data for large language models told a New York federal magistrate judge Tuesday that the AI startup was asserting vastly different positions in New York and in an ongoing trial in California about whether it ever intended to become a for-profit enterprise.

  • May 12, 2026

    Google, Meta Hit With Suits Over Use Of Voices For AI

    A group of journalists and voice actors has hit Google, Meta, Microsoft, chipmaking giant Nvidia and speech synthesis software company ElevenLabs with proposed class actions in Illinois federal court accusing the companies of wrongly using the plaintiffs' voices to train their artificial intelligence models.

  • May 12, 2026

    Google, Apple, Lenovo Hit With IP Suits Over Tap-To-Pay Tech

    A Delaware company has lodged lawsuits against Google, Apple and Lenovo alleging that they have infringed its patents covering contactless payment technologies, targeting the use of tap-to-pay systems in their smartphones and wearable devices.

  • May 12, 2026

    Ye Infringed Track At 'Donda' Listening Party, Jury Finds

    The artist once known as Kanye West and his companies infringed an uncleared sound recording in an early version of his Grammy-winning song "Hurricane," showcased at one of his 2021 "Donda" album listening parties, a Los Angeles jury found Tuesday.

  • May 12, 2026

    Mich. Judge Says Vape Co. Infringed 'Breeze' Trademarks

    A New Jersey hookah and vape company infringed a trademark when it sold products under the "Breeze" name, a Michigan federal judge ruled, granting a win to a manufacturer after saying "undisputed evidence shows" the defendant did not own the marks.

  • May 12, 2026

    Copyright Chief Says Cox Ruling Merits Congressional Action

    The leader of the U.S. Copyright Office, Shira Perlmutter, told senators Tuesday they may need to respond to the U.S. Supreme Court's March decision that narrowed contributory liability for internet service providers, saying the ruling "left a bit of a hole in the law."

  • May 12, 2026

    USPTO Touts Fraud Crackdown In Patent, TM Applications

    The U.S. Patent and Trademark Office said Tuesday the agency is taking steps to combat fraudulent representations and invalid filings in trademark and patent applications, saying it had purged thousands of applications in the last fiscal year.

  • May 12, 2026

    AliveCor Wants Apple Health Monitor Patent Claims Tossed

    A medical software company has told a California federal court that claims in a pair of health monitoring patents Apple has accused it of infringing are actually invalid, saying they only cover abstract ideas without a technological innovation to save them.

  • May 12, 2026

    Drone Co. Skirts Unfair Biz Practices Claim In Ex-VP's Pay Suit

    North Carolina's Business Court pared down a dispute between a company that makes emergency response drones and its former vice president of sales, finding his claim that the company misled him about its intent to pay him a bonus doesn't rise to the level of an unfair or deceptive business practice.

  • May 12, 2026

    Ex-Palantir Workers Get Trade Secret Suit Sent To Arbitration

    A New York federal judge Tuesday sent to arbitration Palantir Technologies Inc.'s lawsuit accusing three former employees of absconding with its confidential intellectual property for their rival company, Percepta AI.

  • May 12, 2026

    Commerce Details Path To Discount For 100% Pharma Tariff

    The U.S. Department of Commerce released guidance for pharmaceutical companies looking to show they have made sufficient onshoring commitments to qualify for a discount on the 100% tariff on certain imported drugs coming this summer.

  • May 12, 2026

    NCAA Wants Final Whistle On 1983 Team's Appeal Of NIL Suit

    The National Collegiate Athletic Association urged North Carolina justices to keep out of bounds a name, image and likeness lawsuit from members of a 1983 North Carolina State University championship basketball team, arguing that a lower court was right to find the suit several decades expired.

  • May 12, 2026

    Viewing Seed Genetic Material Not Patent Infringement: DOJ

    The U.S. Department of Justice's Antitrust Division waded into a private patent infringement lawsuit Monday, telling a Delaware federal court that just "reading" a patent, or viewing and sequencing the genetic material that must be submitted for the seed patents at issue, can't on its own count as infringement.

  • May 12, 2026

    Fox Rothschild Adds Trial Partner From Nelson Mullins In Fla.

    Fox Rothschild LLP has expanded its litigation department in West Palm Beach, Florida, with a new partner from Nelson Mullins Riley & Scarborough LLP.

  • May 12, 2026

    JAMS Launches Alternative Dispute Resolution Tech Group

    Alternative dispute resolution provider JAMS announced Tuesday the launch of a technology industry group to address disputes regarding new innovations such as artificial intelligence, digital assets and biotechnology.

  • May 12, 2026

    Impossible Foods Stuck With Atty Fees After $3.25M TM Loss

    A California federal judge has held that Impossible Foods owes attorney fees after lifestyle brand Impossible X won a $3.25 million verdict in the parties' trademark dispute, but she refused to boost the jury's award.

  • May 12, 2026

    Atty Urges Texas Justices To Restore Trade Secret Damages

    A Houston personal injury lawyer is asking the Texas Supreme Court to reinstate millions in damages he was awarded in a dispute with another attorney over misappropriation of trade secrets, arguing that a lower appellate court decision could allow others to steal private information without consequence.

  • May 11, 2026

    Ye Use Of Song Was 'Test Drive,' Not Infringement, Jury Told

    Counsel for Ye defended the rapper during closing arguments in a copyright infringement trial Monday, telling a Los Angeles jury that Ye's alleged unauthorized use of a sound recording in an early version of his Grammy-winning song "Hurricane" was merely a "test drive," and that he ultimately went in a different direction.

  • May 11, 2026

    Microsoft CEO Defends Role In OpenAI's Rehiring Of Altman

    Microsoft CEO Satya Nadella testified Monday in a California federal jury trial over Elon Musk's challenge to OpenAI's for-profit conversion, denying that he demanded OpenAI's board reinstate ousted CEO Sam Altman while acknowledging that he offered to pay up to $29 billion to bring Altman and others to Microsoft.

  • May 11, 2026

    Zillow Aims To Tear Down CoStar's Property Photo Rights Suit

    Zillow urged a Seattle federal judge to throw out a mass copyright lawsuit from rival CoStar over tens of thousands of property photos, arguing that its automated handling of user-uploaded images does not constitute infringement.

  • May 11, 2026

    Fed. Circ. Clears Redesigned Vacuums In Bissell Patent Row

    The Federal Circuit on Monday upheld a decision by the U.S. International Trade Commission barring imports of some Tineco wet-dry vacuums found to infringe Bissell patents, while clearing redesigned products, as arguments by both sides challenging those findings fell flat.

Expert Analysis

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

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