Intellectual Property

  • September 09, 2026

    Candor Wins AI Tech Ownership Fight In Del. Chancery

    The Delaware Chancery Court has ruled that Italian artificial intelligence company iDentiVisuals must transfer ownership of its emotion-recognition technology to legal tech firm Candor, saying the startup breached a binding agreement by failing to deliver and safeguard the technology it had licensed.

  • September 09, 2026

    Calif. Judge Hands Eli Lilly Mixed Bag In Compound Drug Suit

    Eli Lilly failed to plausibly allege that a physician group and pharmacy conspired to falsely advertise compounded versions of its diabetes and weight loss drugs, but can continue with allegations they conspired to unfairly compete with Lilly, a California federal judge held.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Munger Tolles Adds Paul Hastings IP Pro In San Francisco

    Munger Tolles & Olson LLP has added to its growing San Francisco intellectual property practice with a partner from Paul Hastings LLP, whose high-profile clients include Meta, Google, Comcast and Netflix, the firm announced Tuesday. 

  • September 09, 2026

    Virginia Law Prof Says He'll Take USPTO General Counsel Job

    A University of Virginia School of Law professor who has taught tort, administrative, patent and international intellectual property law there for more than 15 years recently said he plans to become the new general counsel of the U.S. Patent and Trademark Office.

  • September 09, 2026

    Sandoz Generic Would Infringe J&J Unit Patents, Judge Says

    A New Jersey federal judge has ruled that Sandoz's attempt to manufacture a generic form of a Janssen Pharmaceuticals Inc. nasal spray would infringe a group of patents the Johnson & Johnson unit has on the product.

  • September 09, 2026

    Katten Adds Kasowitz Data Strategy Team Leader In LA

    Katten Muchin Rosenman LLP has bolstered its offerings in Los Angeles with the addition of the chair of Kasowitz LLP's data strategy, privacy and security team and co-chair of its artificial intelligence industry group.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    Certain Apple Devices Infringe Touch Screen IP, Judge Says

    A California federal judge has held that some functions of certain Apple iPhones and iPads infringe some claims of a touch screen patent owned by Smith Interface Technologies LLC, though he also ruled that the functions don't infringe other claims and that other disputes belong before a jury.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    WB Asks Panel To Pull Plug On Claim 'The Pitt' Copied 'ER'

    Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    Meta Accused Of Using Photos To Train AI Without Consent

    Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

  • September 08, 2026

    Seattle Times, Newsday Sue OpenAI Over Content Use

    The Seattle Times and Long Island-based newspaper Newsday sued OpenAI and Microsoft with claims of copyright infringement, adding to the long list of news organizations claiming their articles were used improperly to train large language models.

  • September 08, 2026

    Boeing Avoids Broad Financial Discovery In IP Suit

    A Washington federal judge has ordered The Boeing Co. to provide some, but far from all, of the information Wilson Aerospace LLC sought for its suit accusing the aerospace giant of stealing patented technology for a NASA moon program.

  • September 08, 2026

    Fed. Circ. Urged To Overturn Natera's Cancer Test Patent Win

    ArcherDX is asking the Federal Circuit to fully free it from a Delaware federal jury's $19 million verdict for infringing Natera cancer diagnostic patents, saying the district court judge was wrong to only remove $10 million from that total.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    NC Brokerage Loses Injunction Bid Against Ex-Directors

    A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Italian Winemaker Wins TM Fight At TTAB

    The Trademark Trial and Appeal Board has blocked a Mexican resort's attempt to register a trademark on wine it sold, after finding it would likely be confused with an Italian winery's brand.

  • September 08, 2026

    Quantitative Trader's Trade Secret Trial Pushed To November

    A trial that was set to begin Sept. 14 in a case of a quantitative trader accused of stealing his former employer's trade secrets was pushed to November after a New York federal judge ruled Tuesday that the court and parties needed more time to litigate the admissibility of a defense witness.

  • September 08, 2026

    Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign

    Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.

Expert Analysis

  • Tips For Litigating Life Sciences Investigations At The ITC

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    The International Trade Commission may soon become a significant battleground for life sciences companies as global intellectual property and trade disputes continue, increasing the importance of learning the ITC's unique considerations and litigation strategies, say attorneys at Crowell & Moring.

  • Unsecured Synthetic Royalties May Be Returning

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    Recent royalty monetization deals mark a notable shift in a market that had largely moved away from unsecured synthetic royalty structures after a multiyear freeze triggered by the Mallinckrodt bankruptcy decision in 2022, which exposed a legal risk inherent to the structure, says Peter Schwartz at Covington.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • Celebs May Need Federal Protection To Fight Voice Deepfakes

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    Deepfakes and digital replicas are increasingly misappropriating celebrities' voices for commercial purposes, but unless federal right of publicity protections are developed, celebrities are left to rely on ill-equipped trademark and state law, say attorneys at Brown Rudnick.

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

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