Intellectual Property

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    Liquidia's Yutrepia Found To Infringe Lung Treatment Patent

    A Delaware federal judge has ruled that Liquidia was infringing two claims of a patent covering methods of treating pulmonary hypertension associated with interstitial lung disease by seeking approval to market the drug Yutrepia.

  • October 01, 2026

    Northwestern's IP License With Feds Doesn't Protect Moderna

    Moderna Inc. has lost its attempt to escape Northwestern University's patent infringement suit over COVID-19 vaccinations by citing the university's patent licensing agreement with Moderna's customer — the federal government.

  • October 01, 2026

    Bill Withers' Estate Sues Capitol, UMG Over Olivia Dean Song

    Capitol Records, Universal Music Group, Sony and others were sued Thursday in California federal court by the late R&B and soul singer Bill Withers' music publisher, which accused them of infringing the melody of his song "Just the Two of Us" for Olivia Dean's song "I've Seen It."

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Janssen Secures Temporary Block Against Arthritis Biosimilar

    A Delaware federal judge has blocked Accord BioPharma from manufacturing a biosimilar version of Janssen's arthritis treatment Simponi while the Johnson & Johnson unit's patent lawsuit plays out.

  • October 01, 2026

    Judge Tosses Infringement Claims Against Baseball Critic

    A New York federal judge dismissed some trademark and copyright infringement claims that Cooperstown Dreams Park had lodged against a YouTuber who mocked its youth baseball facility as a place where youngsters' big league ambitions "go to die."

  • October 01, 2026

    Snell & Wilmer Nabs IP Pro In California From Morgan Lewis

    Snell & Wilmer announced Thursday it has hired a former Morgan Lewis & Bockius attorney to join its intellectual property group, with a focus on life sciences and technology. 

  • October 01, 2026

    Mich. Court Tosses Copyright Suit Against NBA's Pelicans

    An artist who has accused the NBA's New Orleans Pelicans of copyright infringement for imitating his works' "signature style" in social media posts failed to establish how the team's conduct was connected to Michigan, a Michigan federal court ruled, granting dismissal. 

  • October 01, 2026

    Trump Announces Judicial Noms For 5th Circ., NC

    President Donald Trump announced Thursday that he's nominating Todd Butler, a managing partner at Phelps Dunbar LLP, to serve as a judge on the Fifth Circuit. 

  • October 01, 2026

    McKool Smith Litigation Duo Joins Gibson Dunn In Dallas

    Gibson Dunn LLP announced Thursday that it has added a pair of experienced patent litigators in Dallas who came aboard from McKool Smith.

  • September 30, 2026

    Ex-HSBC Exec Tells Jury Huawei CFO Vouched For Iran Biz

    A former HSBC executive on Wednesday testified in the racketeering trial of Huawei and three subsidiaries that he thought the Chinese telecommunications firm's business dealings in Iran were aboveboard, following assurances during a 2013 meeting from Huawei's chief financial officer.

  • September 30, 2026

    'Numerical Mumbo Jumbo': Gogo Escapes $22.7M IP Damages

    A federal judge Wednesday undid a damages award of roughly $22.7 million against Gogo Business Aviation for infringing four patents held by rival in-flight Wi-Fi company SmartSky Networks, saying SmartSky had leaned on "numerical mumbo jumbo" in its damages case before a Delaware jury.

  • September 30, 2026

    Eli Lilly Loses Full Fed. Circ. Bid To Nix Teva's $177M IP Win

    Federal Circuit judges Wednesday denied Eli Lilly & Co.'s bid for a full court review of a panel decision that reinstated a $177 million jury verdict against it for infringing Teva headache drug patents, while one dissenting judge said the panel's holding "creates confusion" over enablement standards for patent method claims.

  • September 30, 2026

    Victoria's Secret Violated Deal For Instagram Ad, Model Says

    Victoria's Secret unlawfully used a professional model's entire face in a recent Instagram perfume advertisement, despite explicit restrictions in the parties' contract to use less than 30%, and refused to pay additional compensation for doing so, according to a right-of-publicity lawsuit filed in California federal court.

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    PTAB Invalidations Chip Away At Stratasys' $28M Trial Victory

    The Patent Trial and Appeal Board has invalidated as obvious nearly all claims Bambu Lab Ltd. challenged in three Stratasys Inc. 3D printer patents, including the patent claims underlying $2.8 million of Stratasys' $27.6 million infringement trial win in Texas.

  • September 30, 2026

    Military Drone Makers' Trade Secrets Suit Survives Dismissal

    A Utah federal judge has allowed two military drone companies to proceed with most of their lawsuit accusing a former executive and his new company of misappropriating trade secrets to compete in the military drone market.

  • September 30, 2026

    Fed. Circ. Spurns Partial ParkerVision Appeal In Patent Suit

    The Federal Circuit on Wednesday found that it couldn't consider ParkerVision's challenge to a lower court's construction of some patent claims in its suit against Qualcomm while others from the same patent remain undecided, saying courts can't enter final judgments in such situations.

  • September 30, 2026

    Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

    A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

  • September 30, 2026

    Ga. Judge Must Justify No Sanctions In Alice-Doomed IP Case

    The Federal Circuit on Wednesday ordered a Georgia federal judge to explain why it wasn't appropriate to sanction Epic Tech LLC when there were three major signs the patent it asserted against Pen-Tech Associates Inc. was invalid.

  • September 30, 2026

    3rd Circ. Calls Westlaw AI Fight 'Ordinary Copyright Case'

    The Third Circuit said the first appellate fight over artificial intelligence training and fair use ultimately came down to an "ordinary copyright case," affirming that Ross Intelligence infringed Thomson Reuters' Westlaw headnotes when it used them to train a competing legal research platform.

  • September 30, 2026

    Monster Energy Bares Teeth Over Car Parts Co.'s Claw Mark

    Monster Energy has accused Monster Transmission of copying its "M" logo, complete with the claw and scratch design and bright green-and-black color scheme, and trading on the energy drink company's recognition and goodwill in the motorsports and automotive industry.

  • September 30, 2026

    Judge Erases $14M Charger Patent Verdict Against Anker

    A Delaware federal judge has wiped out a $14 million jury verdict against Hong Kong electronics company Anker Innovations after finding its rival litigant, Fundamental Innovation Systems International LLC, failed to properly prove the apportionment segment of the case.

Expert Analysis

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Why Biotech Cos. Need Litigation Plans Before Bad News

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    Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

  • 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

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    When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

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    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

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