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Intellectual Property
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Featured
McConaughey Not 'Alright Alright Alright' With AI Fakes
Actor Matthew McConaughey's series of trademarks on audio and video of him saying iconic phrases like "alright alright alright" are drawing appreciation from intellectual property attorneys who see them as an attempt to protect against the unauthorized artificial intelligence-generated use of his voice and likeness, but the effectiveness of the tactic may be limited.
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January 15, 2026
PTAB Denials, Reexams & New Patent Suits Rose In 2025
The volume of Patent Trial and Appeal Board petitions dropped last year, while requests for ex parte reexaminations surged with a 66% increase from those in 2024, according to a new report from Unified Patents.
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January 15, 2026
BOE Owes $66.9M In Display Patent Case, Jury Says
A jury in the Eastern District of Texas on Thursday found that Chinese display maker BOE Technology Group Co. owes nearly $67 million for infringing a trio of LCD patents owned by an Irish company.
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January 15, 2026
Fed. Circ. Won't Stop Injunction Against BMW Foe In IP Fight
The Federal Circuit has declined for now to halt a Texas federal court's order blocking a patent company from pursuing legal action against BMW in Germany.
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January 15, 2026
Book Publishers Ask To Join Authors' AI Suit Against Google
Book publishers Cengage Learning and Hachette Book Group on Thursday asked to intervene in a proposed copyright class action from writers and illustrators accusing Google of using their works for AI training, arguing that as major publishers they have significant interests that are not currently represented in the case.
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January 15, 2026
Judge Blocks Former LeafFilter Exec From Working For Rival
An Ohio federal judge has issued an order enforcing a nonsolicitation and noncompetition agreement between a gutter guard company and a former executive who left to work for a rival and is accused of taking confidential trade secrets on his way out.
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January 15, 2026
Crowell Lands Buchalter Practice Group Co-Chair In Calif.
Crowell & Moring LLP announced Thursday that it has added the former co-chair of Buchalter PC's white collar and government investigations practice to bolster its capacity to handle healthcare fraud and other cases.
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January 15, 2026
White & Case Adds Life Sciences Team From A&O Shearman
White & Case LLP announced the addition of four life sciences intellectual property litigators from Allen Overy Shearman Sterling on Thursday, marking its latest IP-focused hires from the London-based firm.
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January 15, 2026
Logistics Co. Ex-Sales Director Can't Duck Trade Secrets Suit
A North Carolina federal judge has denied a request from a former logistics company sales director to toss a suit alleging that he misappropriated trade secrets and poached clients before starting a competing firm.
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January 15, 2026
6th Circ. Rejects Kentucky Mom's Bid For Copyrighted Survey
A Kentucky mother cannot rely on copyright's fair use doctrine to obtain a copy of a student mental-health survey because her dispute with the school district arises under the state's open records law, a panel of the Sixth Circuit has concluded.
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January 14, 2026
Judge Asks If Execs 'Blindsided' Truist With Mass Exodus
A North Carolina business judge on Wednesday repeatedly returned to whether three former executives who led Truist's real estate finance arm ever revealed to the bank that they were in "secret" talks to join a competitor and bring dozens of their colleagues with them, signaling he'd let a jury decide if the mass exodus is to blame for the business's alleged losses.
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January 14, 2026
Google Ex-Staffer Attys In 'Grave Danger' Of Testimony Misstep
A California federal judge appeared open Wednesday to letting prosecutors introduce previously suppressed evidence from the FBI's interview with an ex-Google engineer accused of stealing trade secrets, telling defense counsel that their efforts to paint Google and the government as in cahoots raised a "grave danger" he'd allow the evidence.
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January 14, 2026
BOE Settles Display Patent Suits As Other Remains At Trial
Chinese display maker BOE Technology Group Co. has settled two Eastern District of Texas patent suits brought by Optronic Sciences LLC, one of which was set for trial next month, according to a notice the parties filed, while an unrelated BOE patent trial is ongoing in the same court.
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January 14, 2026
Exasperated Judge Won't Expand Opioid Film Injunction
BioDelivery Sciences International needed to pursue a contempt order, not an enforcement action, when alleging a 2022 injunction blocking Alvogen's generic version of its Belbuca opioid film should be applied to a new generic application, a Delaware federal judge held in a case where he was already "frustrated (and exhausted)."
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January 14, 2026
Calif. AG Probes 'Avalanche' Of Grok-Created Sexual Deepfakes
California is looking into the "avalanche" of nonconsensual sexually explicit materials, including "deepfake" images used to harass women online, that are reportedly being produced by Grok, the chatbot developed by Elon Musk's company xAI Inc., the state's attorney general announced Wednesday.
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January 14, 2026
Judge Issues Injunction In Boat Seat IP Suit In Wisconsin
A Wisconsin federal judge has blocked an outdoor sports company from selling a marine fishing boat seat after it was found in default in a suit accusing it of design patent and trade dress infringement, while also awarding the patent owner about $375,000 in legal expenses.
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January 14, 2026
USPTO Tells Fed. Circ. To Reject Assignor Estoppel Case
The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a mandamus petition by Tessell Inc. that claimed the office flouted precedent by using assignor estoppel to reject patent challenges, saying the decisions were based on discretion, not that legal doctrine.
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January 14, 2026
Golf Co. Can Put Liens On Nicklaus IP For Ch. 11 Loan
Sports gear and golf design company GBI Services received final approval for a $17 million Chapter 11 loan Wednesday in Delaware, with a judge there ruling the debtor can grant a lien in favor of the postpetition lenders that covers the name, image and likeness rights for retired professional golfer and company co-founder Jack Nicklaus.
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January 14, 2026
NJ Judge Orders Mediation In Merck-Cencora Indemnity Fight
Cencora Inc. can't derail a Merck third-party complaint arguing a prior settlement between the parties requires the drug wholesaler to indemnify Merck in antitrust litigation by Humana, a New Jersey federal court ruled Wednesday, ordering the parties to go to mediation over the dispute.
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January 14, 2026
Sony Suit Over Music In USC Social Media Ads Stays In NY
Sony Music's lawsuit against the University of Southern California over music used in social media videos promoting the school's athletic teams will remain in New York, after a federal judge found the case had compelling ties to the Empire State.
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January 14, 2026
Fed. Circ. Won't Revive Phone Security IP Suit Against Apple
A California federal judge properly freed Apple from claims that its iPhones, iPads and Apple Watches infringe two cellular security patents, the Federal Circuit said Wednesday.
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January 14, 2026
ITC To Probe Samsung's Oura Smart Ring Patent Case
The U.S. International Trade Commission on Wednesday said it is opening an investigation into claims made by Samsung that Oura's smart rings infringe four of its patents, part of an ongoing legal battle between the two companies.
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January 14, 2026
Fed. Circ. Backs Google PTAB Win Over Voice Patent Claims
The Federal Circuit on Wednesday declined to restore claims in a pair of voice technology patents owned by a Wi-LAN subsidiary, backing Patent Trial and Appeal Board findings that Google showed they were invalid.
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January 14, 2026
Software Co. Loses Trade Secrets Appeal At 7th Circ.
The Seventh Circuit has refused to revive claims that an energy management services company stole trade secret information from an appointment booking software application and incorporated its features into a new platform.
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January 14, 2026
Cannabis Co. Says Rivals Infringe Distillation Patents
Natural Extraction Systems LLC has launched lawsuits against several makers of THC-infused products in federal courts, alleging that they have infringed four of its patents to create their products.
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January 14, 2026
Nokia Drops Patent Infringement Suit Against Hisense
Nokia Technologies dropped its patent infringement suit alleging Chinese consumer technology firm Hisense sold millions of products that infringed on its video processing innovations while refusing to negotiate a standard licensing agreement.
Editor's Picks
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Copyright Guide Or Policy Change? Project Divides IP Attys
The American Law Institute's restatements of law, widely regarded as influential reference points for judges and attorneys, are typically yearslong projects that are finished quietly and without much controversy, but one for copyright that concluded this year has diverged from that tradition.
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PTAB Judges Alarmed By Squires' Moves To Limit Their Role
With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their role and are looking for work elsewhere amid the instability.
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Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
Expert Analysis
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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IP Appellate Decisions Show 4 Shifts In 2025
In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Athlete's Countersuit Highlights Broader NIL Coverage Issues
Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.
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Business Considerations Amid Hemp Product Policy Change
With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.
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Disney's OpenAI Deal Could Be Turning Point In IP Licensing
The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Fed. Circ. In November: Looking For Patent 'Blaze Marks'
The Federal Circuit's recent decision in Duke v. Sandoz serves as a warning that when patentees craft claims, they must provide adequate "blaze marks" that direct a skilled artisan to the specific claimed invention, and not just the individual claimed elements in isolation, say attorneys at Knobbe Martens.
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Examining Privilege In Dual-Purpose Workplace Investigations
The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Why 'Baby Shark' Floundered In Foreign Service Waters
The Second Circuit recently ruled that the "Baby Shark" company couldn’t use email to serve alleged infringers based in China under an international agreement prohibiting such service, providing several important lessons for parties in actions involving defendants in jurisdictions unwilling or unable to effectuate efficient service, say attorneys at Greenspoon Marder.
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How Chinese Utility Models Fit Into Global IP Strategies
Recent guidelines from the China National Intellectual Property Administration put the spotlight on the value of Chinese utility models — especially for device-focused innovations — and the interplay between utility models and conventional Chinese patents, say attorneys at Foley & Lardner.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.