Intellectual Property

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    'Time Bubble' Doesn't Warrant 'RAW' TM Retrial, Judge Says

    An Arizona federal judge has denied a request for a new trial to a company suing a rival over its "RAW" rolling papers trademark, saying the company had not been prejudiced by the judge's decision to exclude evidence from May 2021 on and ordering the company to pay its rival over $3 million in attorney fees and costs.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Sony Sues Kroger Over Influencer Ads With Copyrighted Music

    Sony Music has filed a copyright suit against grocery chain Kroger, saying influencer ad videos promoting its brands, stores, products and latest sales have been using copyrighted sound bites without permission.

  • August 24, 2026

    Judge Orders $245M In Guardant Damages In DNA Patent Suit

    A judge has boosted what Guardant Health Inc. owes in a case in which it was found to have infringed two TwinStrand Biosciences Inc. patents covering methods of lowering the error rate in DNA sequencing, bringing the total to $245 million.

  • August 24, 2026

    Paul Weiss Hires Goodwin Atty To Lead Supreme Court Team

    Paul Weiss Rifkind Wharton & Garrison LLP has tapped a Goodwin Procter partner with extensive appellate experience to lead its U.S. Supreme Court practice, the firm said Monday.

  • August 24, 2026

    10th Circ. Won't Revisit Netflix's 'Tiger King' Fair Use Win

    The Tenth Circuit will not reconsider its ruling that Netflix's use of a 66-second funeral clip in its hit "Tiger King" docuseries was fair use, leaving intact a decision that rejected copyright claims brought by the videographer who shot the video.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    Cytek Hit With $56M Verdict For Infringing Cell-Sorting Patent

    A Delaware federal jury Friday awarded roughly $36 million in damages to biomedical testing manufacturer Beckman Coulter after finding that Cytek Biosciences infringed one of its patents covering a technology that quickly analyzes single cells.

  • August 21, 2026

    Amazon Uses Twitch Streamers' Content To Train AI, Suit Says

    Twitch and Amazon were hit with a proposed class action in California federal court Thursday by a Twitch streamer who says the companies are exploiting and using his live broadcasts, images and recorded videos to train Amazon's generative AI models by default, without obtaining their consent.

  • August 21, 2026

    Pharma Co. Loses Challenge To $3M Acne Drug Arb. Award

    A New York federal court confirmed an arbitrator's finding that Sun Pharmaceuticals breached an agreement with the owner of an acne drug by seeking regulatory approval to market a version of the drug in Canada, rejecting arguments that the arbitrator wrongly relied on extrinsic evidence.

  • August 21, 2026

    Fed. Circ. Tosses Suit Over 'Misleading' Patent Language

    The Federal Circuit on Friday affirmed a lower court's dismissal of a lawsuit brought by inventor advocacy groups challenging what they called misleading language on patent covers, saying the groups had not shown a threat of future injury.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

  • August 21, 2026

    Dish Says Media Co. Gaia Infringed Streaming Patents

    Colorado-based Dish Technologies LLC and Sling TV LLC claim streaming company Gaia Inc. infringed five of their patents for content streaming that employ technology meant to adapt to a user's available bandwidth, telling a Colorado federal court the company had actual knowledge of the patents.

  • August 21, 2026

    Motorola Rival Blasts 'Rush' To Add Latest Radio To IP Fight

    Motorola Solutions' Chinese rival on Friday blasted the company's "rush" to ask an Illinois federal judge to supplement their long-running mobile radio source code fight with allegations targeting its latest product as Hytera Communications confirmed its opposition to the proposal.

  • August 21, 2026

    Ex-Google Engineer Wins Partial Acquittal After IP Theft Trial

    A California federal judge acquitted an ex-Google software engineer of espionage charges Thursday while upholding his trade secret theft conviction, ruling that although trial evidence showed his trade secret theft was "ad hoc, disorganized and feeble," such evidence isn't enough to prove he intentionally colluded with the Chinese government.

  • August 21, 2026

    Rising Star: Gibson Dunn's Andrew Robb

    Andrew Robb of Gibson Dunn & Crutcher LLP helped secure the setting aside of an $847 million patent infringement verdict on behalf of his client Verizon, eliminating one of the largest patent verdicts in recent years, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 21, 2026

    Suno Loses Bid To Dismiss Artists' AI Copyright Claims

    A Massachusetts federal judge has allowed independent recording artists to proceed with copyright claims that AI-music generator Suno Inc. created unauthorized derivative works and bypassed YouTube protections to obtain songs to train its platform.

  • August 21, 2026

    Painter, Sotheby's Sued Over 'Slavish Copy' Of Oasis Photo

    A photographer who took what he described as an iconic image of the brothers who head the English rock band Oasis says a painter recreated the image in a work valued at up to $2 million and auctioned by art dealer Sotheby's, according to a copyright infringement suit in New York federal court.

  • August 21, 2026

    Calif. High School NIL Limitations Survive Antitrust Challenge

    A California federal judge has tossed a lawsuit by high school athletes challenging the state's limits on name, image and likeness opportunities, saying the plaintiffs have not adequately defined a relevant market or pled antitrust injury.

  • August 21, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen former Liberal Democrat MP Mark Oaten sue a fur auction house, private equity and pensions magnate Edmund Truell hit by a commercial fraud claim and Charles Russell Speechlys file a contract claim against two of its previous clients in the Middle East.

  • August 20, 2026

    FTC Slams Amgen's Antitrust Shield Argument At 4th Circ.

    The Federal Trade Commission has urged the Fourth Circuit to reject Amgen's "sweeping" assertion that commercial agreements for acquiring the rights to patent applications are shielded from antitrust scrutiny, saying the company's position in an appeal related to blockbuster autoimmune drug Enbrel is a threat to longstanding understandings of antitrust law.

  • August 20, 2026

    11th Circ. Denies YouTube Bid For Atty Fees In Copyright Fight

    The Eleventh Circuit on Thursday upheld a Florida federal judge's refusal to award attorney fees to YouTube after the platform defeated copyright claims accusing it of failing to remove pirated films, finding no abuse of discretion in the lower court's analysis.

  • August 20, 2026

    Magistrate Report Draws Fire From Both Sides In LIV TM Feud

    Both litigants in a courtroom dispute over the rights to the "LIV" trademark have objected to a magistrate judge's report that found a Long Island distillery would likely succeed on its claims against the LIV golf tour, but that the tour be allowed to continue using the mark.

Expert Analysis

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

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    Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Why La. Ruling May Open NIL Deals For Int'l Student-Athletes

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    A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.

  • Weighing Confusion Claims In Shoes-NFL Steakhouse TM Suit

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    A recent New York federal infringement complaint by 1587 Sneakers against Patrick Mahomes and Travis Kelce's Kansas City steakhouse 1587 Prime confronts the thorny question of how much operating in different industries should factor into likelihood-of-confusion analysis and why consumer perception can matter most in trademark fights, says Nate Garhart at Spencer West.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

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