Intellectual Property

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

    A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 13, 2026

    Liquidia Settles United Therapeutics Suits With $380.7M Deal

    Liquidia will pay out $380.7 million as part of a settlement agreement with United Therapeutics Corp. that resolves six lawsuits between the pharmaceutical companies, Liquidia announced Tuesday, saying patients will continue to have access to its Yutrepia lung disease treatment that was central to litigation.

  • October 13, 2026

    Judge Probes Ex-Joe Gibbs Racing Director's Acts After Exit

    A North Carolina federal judge said she had concerns Tuesday about whether the previous competition director for Joe Gibbs Racing LLC disclosed his former employer's trade secrets to a rival team in violation of a court order placing certain restrictions on his employment.

  • October 13, 2026

    MIT Says Amazon Web Services Infringes Security Tech Patent

    Amazon Web Services Inc.'s use of certain hardware fingerprinting technology in its cloud computing services violates a pair of Massachusetts Institute of Technology patents related to cryptography and hardware identification, the university alleged Friday in Massachusetts federal court.

  • October 13, 2026

    Apple Urges Judge To Toss 'Shocking' $5.7B Patent Verdict

    Apple Inc. on Tuesday asked a California federal judge to wipe out a jury's $5.7 billion damages award for Taction Technology Inc. or order a new trial in the haptic vibration technology patent dispute, calling the award "shocking" and "untethered to any evidence at all."

  • October 13, 2026

    Apple Gets Expedited OpenAI Discovery In Trade Secret Case

    A California federal judge said Tuesday that OpenAI must work on an expedited timeline to furnish some documents in Apple's suit accusing the company of using former employees to access secret information, calling Apple's concerns about the preservation of some evidence "well-taken."

  • October 13, 2026

    Biotech Co.'s Egg Protein Patent Case Flops In Del. Court

    A Delaware federal judge found cracks in a biotechnology company's jurisdictional arguments in a case it brought seeking a declaration that it wasn't infringing a rival's patent covering animal-free egg protein, ruling Friday there was no imminent controversy between the companies when the lawsuit was filed.

  • October 13, 2026

    Qualcomm Secures $2 In License Breach, Interference Trial

    Arm Holdings should pay Qualcomm $2 for breaching a licensing agreement and interfering in Qualcomm's economic relationship with Meta, a Delaware federal jury found Tuesday.

  • October 13, 2026

    Dolby Loses Bid To Ax InterDigital Patent From Disney Case

    A California federal judge has denied Dolby's motion seeking to invalidate an InterDigital video patent that is at issue in a related infringement suit against Disney over its streaming services, ruling that Dolby failed to show that the patent covers only an abstract idea.

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Nvidia Faces Suit Over AI Training Music Data

    An independent music licensing company has brought a lawsuit accusing Nvidia of infringing its copyrights to train its artificial intelligence models, days after dropping a nearly identical suit in the same court.

  • October 13, 2026

    Fed. Circ. Backs L'Oreal's Alice Win On Face Analysis Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a California federal court's invalidation of a facial measurement and analysis patent that had been asserted against the cosmetic giant L'Oreal USA Inc.

  • October 13, 2026

    Judge Finds Cyanide Antidote Generic Infringes IP After Trial

    A Delaware federal judge ruled Tuesday that a generic version of a cyanide antidote was infringing three patents asserted by Hope Medical Enterprises after a bench trial where Accord Healthcare Inc. claimed its product did not infringe and that the patents were invalid.

  • October 13, 2026

    In AI Race, Trade Secret Suits Become Popular Safeguard

    Fierce competition for artificial intelligence engineers and the relative paucity of intellectual property protections for AI technologies have companies turning to trade secret litigation as a powerful tool they can wield against competitors and former employees, attorneys say.

  • October 13, 2026

    Groups Ask Justices To Hear Apple's ITC Industry Rule Fight

    The Federal Circuit wrongly continued the degradation of the U.S. International Trade Commission's domestic industry requirement in patent disputes by sustaining a decision that Apple Watches infringe Masimo Corp.'s patents, groups supporting Apple's petition told the U.S. Supreme Court on Tuesday.

  • October 13, 2026

    Fed. Circ. Pressed To Undo $61M IP Verdict Against Samsung

    A nonprofit representing tech giants including Amazon, Google and Intel told the Federal Circuit on Friday the court should overturn a $61 million jury verdict against Samsung for infringing a single standard-essential 5G patent.

  • October 13, 2026

    7th Circ. Wrong On TM Interest Ruling, High Court Told

    A company that makes apparel with the U.S. Army slogan "This We'll Defend" has told the U.S. Supreme Court that the circuits are "deeply divided" on the issue of prejudgment interest and that a case where the Seventh Circuit affirmed a $229,000 prejudgment interest award against it would serve as the ideal vehicle to resolve the split.

  • October 13, 2026

    ITC Probing Vicor Rivals For AI Power System Infringement

    The U.S. International Trade Commission announced it will investigate claims made by Vicor Corp. that several rivals are importing patent-infringing power delivery systems typically used in high-performance computing such as artificial intelligence, setting up possible import exclusions.

  • October 13, 2026

    Reddit Fights Proskauer's 'Hot Potato' AI Client Bid In IP Suit

    Reddit Inc. has urged a New York federal judge to block its former law firm Proskauer Rose from defending Perplexity AI in Reddit's suit over alleged data scraping used to train artificial intelligence models, arguing the firm can't represent Perplexity after dropping Reddit as a client like ‌a "hot potato."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

  • October 13, 2026

    Character.AI Files Ch. 11 With $20M Sale Bid From Disney

    Artificial intelligence entertainment platform Character Technologies has filed for Chapter 11 protection in Delaware with more than $50 million in debt, saying it was sunk by high operating and legal costs and plans an asset auction with a baseline $20 million bid from Disney.

  • October 09, 2026

    Atty With False AI Citation Filings Ordered To Pay $39K

    A New York federal judge who imposed case-terminating sanctions on an attorney who submitted filings with false citations generated by artificial intelligence ordered him on Friday to pay nearly $39,000 to lawyers who uncovered the problematic AI use, noting he had given them the "runaround" when they tried to collect directly.

Expert Analysis

  • How Quantum Risk Could Reshape Legal Obligations

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    As federal policy, National Institute of Standards and Technology standards, and major market practice converge around postquantum cryptography, companies may need to safeguard their data now to prove they took reasonable measures to protect trade secrets from quantum computers that do not exist yet, say attorneys at MoFo.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • An Inside Look At Squires' Discretionary Denials

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    A deep dive into the discretionary denials issued by U.S. Patent and Trademark Office Director John Squires since he took over last year identifies trends in commonly asserted arguments and how they correlate with institution outcomes, say attorneys at Kirkland & Ellis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • AI Prompt-Injection Hacking Creates Emerging Legal Risks

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    Last month, the first decision sanctioning a prompt-injection attack aimed at a U.S. court highlights the risks that this tactic — attempting to manipulate artificial intelligence systems by hiding invisible instructions in a document — poses for trade secrets, patent prosecution and other areas, say attorneys at Kilpatrick.

  • TTAB's Nike Ruling Highlights Trademark Filing Pitfalls

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    The Trademark Trial and Appeal Board's recent decision in Nike v. Blue Ribbon Team illustrates how the Lanham Act's requirement for bona fide intent works in practice, and provides a road map on how to counsel clients before intent-to-use trademark applications are filed, say attorneys at BCLP.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Why AI Diligence Is Especially Key In IP Practice

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    In light of recent federal court sanctions against intellectual property litigators for filing work product generated by artificial intelligence without verification, it's important to consider the unique risks and consequences that can arise from overreliance on AI, which poses less visible risks in IP matters, says Stephen Ball at Husch Blackwell.

  • When And How To Use 4 Types Of Cross-Exam Questions

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    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

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