Intellectual Property

  • September 15, 2026

    Michael Best Beats DQ Bid In Agtech Biz Receivership Row

    A Delaware Chancery Court magistrate has denied a bid to bar a Michael Best & Friedrich LLP attorney from representing HerdDogg Inc. in litigation filed by its founder seeking to place the agricultural technology company into receivership, saying the founder hasn't shown a conflict exists to warrant disqualification.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Fed. Circ. Vacates $486K, $4M Patent Trial Wins For NCS

    The Federal Circuit on Monday vacated NCS Multistage Inc.'s $486,400 trial victory over Nine Energy Service and its $4 million win against TCO Group, in a pair of disputes about the same oil well drilling patent.

  • September 14, 2026

    Latham Brings On Ex-Gibson Dunn IP Atty In NY

    Latham & Watkins LLP has announced it's growing its intellectual property litigation practice with a partner in New York who joins from Gibson Dunn & Crutcher LLP, bringing years of patent and technical trade secret litigation experience and representing industry titans including Nvidia and Western Digital.

  • September 14, 2026

    Cancer Detection Biotech Lodges Patent Suit Against Rival

    The company behind the colorectal cancer blood test Colvera has hit biotechnology company Grail Inc. with a lawsuit in Delaware federal court claiming the latter's Galleri test infringes a pair of patents.

  • September 14, 2026

    Senators Draw Battle Lines Over Sweeping College Sports Bill

    U.S. senators on Monday made public statements on their positions either for or against a bill aimed at comprehensively regulating college sports, forecasting a bitter fight over the bill's passage in the upper chamber.

  • September 14, 2026

    CBP Says Stiiizy Redesigned Vapes Still Fall Under Import Ban

    U.S. Customs and Border Protection has ruled Stiiizy had not shown its redesigned vape products can get around a limited importation ban issued by the U.S. International Trade Commission.

  • September 14, 2026

    Victoria's Secret Says UK Retailer Is Making 'PINK' Ripoffs

    Victoria's Secret has alleged a United Kingdom men's shirt business makes women's apparel with "PINK" marks that are sold by retailers like Fashion Nova and Charlotte Russe, and that has prompted consumer confusion and complaints about the quality and appearance of the copycat products.

  • September 14, 2026

    Fla. Resort Developer Says Biased Juror Tainted TM Verdict

    The developer of the Marco Beach Ocean Resort asked for a new trial Friday in its trademark dispute with a condominium owner and his rental businesses, arguing the verdict was tainted by a biased juror and there was insufficient evidence to support fraud or abandonment of the mark.

  • September 14, 2026

    Samsung Seeks Toss Of Dua Lipa Copyright, TM Suit In Calif.

    Samsung has argued that pop singer Dua Lipa's suit over the use of an image of her face on boxes containing Samsung televisions should be thrown out, saying her trademark and copyright claims fall short.

  • September 14, 2026

    Feds Want Justices To Skip Google 'Settled Expectations' Row

    The federal government is telling the U.S. Supreme Court that Google didn't meet the appropriate standard to get the Federal Circuit to look at the company's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason not to review them.

  • September 14, 2026

    Electrical Co. Claims Ex-Worker Took Trade Secrets To Rival

    Electrical contractor RMS Energy Co. LLC has sued a former employee and the company he jumped to, claiming he downloaded trade secrets, including sensitive pricing information, before he made the switch.

  • September 14, 2026

    K&L Gates Hires 6-Atty Pillsbury Team In California, Texas

    K&L Gates LLP announced Monday that it recently added six attorneys from Pillsbury Winthrop Shaw Pittman LLP to bolster its corporate, intellectual property, litigation, and labor and employment practices.

  • September 14, 2026

    Carlton Fields Pushes To Demand Fees In Miss America Fight

    Carlton Fields has urged a Florida federal court to adopt a magistrate judge's recommendation that the firm be allowed to intervene in a dispute involving its charging lien for unpaid legal fees in a $500 million dispute over the ownership of the Miss America competition.

  • September 14, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

  • September 14, 2026

    Sony, Universal Join Push Against Music Streaming Fraud

    Sony and Universal joined numerous other music companies on Monday in forming a new group aimed at ousting fraudsters who artificially inflate streaming numbers to generate royalty payments.

  • September 11, 2026

    Sam Smith Struggles To End 'Dancing With A Stranger' IP Suit

    A California federal judge said Friday he's unlikely to dismiss a copyright infringement suit accusing pop singers Sam Smith and Normani of copying another song in their 2019 hit "Dancing With a Stranger," saying he's not convinced that case law supports dismissing the suit after the Ninth Circuit revived it.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

  • September 11, 2026

    Copyright Office To Test New Registration System In Late 2026

    The U.S. Copyright Office is making progress on its launch of its new modernized registration system, with plans to start rolling out some functions to Copyright Public Modernization Committee members later this year, leaders said Friday.

  • September 11, 2026

    Verizon Drops T-Mobile Suit Over Ads Claiming $1K Savings

    Verizon has quietly dropped its lawsuit in New York federal court accusing T-Mobile of running advertisements falsely claiming that consumers could save more than $1,000 a year by switching carriers, after Verizon won an injunction earlier this year.

  • September 11, 2026

    Calif. Judge Won't Toss Estee Lauder TM Suit Against Walmart

    A California federal judge has turned down Walmart's bid to dismiss Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, saying the suit's claims over allegedly sham products were up to snuff at this point in the case.

  • September 11, 2026

    Patent Co. Says 'Prejudicial Errors' Merit New DoorDash Trial

    A patent-holding company has asked a Texas federal judge to order a new infringement trial against DoorDash and grant it a favorable judgment on its enablement defense, arguing that the food delivery giant's conduct led to "prejudicial errors."

  • September 11, 2026

    Co. Ordered To Pay Dating Sites $821K Fees They're Owed

    A patent-holding company has been ordered to pay about $821,000 in attorney fees and costs to eHarmony and corporate sibling The Meet Group after its patent infringement suits failed in light of the U.S. Supreme Court's Alice test.

  • September 11, 2026

    Sod Co. Rehashing Discovery Fight In Sanctions Bid, Defendants Say

    A Colorado sod company is attempting to relitigate a discovery dispute through a motion for sanctions against defendants' counsel in the company's trade secrets case against former workers and competing businesses, the defendants said in a response to the motion for sanctions Thursday.

  • September 11, 2026

    Split Fed. Circ. Backs Amazon's Win Over Network Patent Suit

    A split Federal Circuit panel Friday upheld Amazon's escape from an infringement case over an AlterWAN Inc. network patent, with the dissenting judge saying the panel needlessly went "down the rabbit hole" and arrived at a "flat wrong" claim construction.

Expert Analysis

  • Opinion

    USPTO Must Address The Right Question In Sanofi Case

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    The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

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