Intellectual Property

  • July 21, 2026

    2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

    The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

  • July 21, 2026

    Mullen Fights To Keep Patent Suit Against Samsung Alive

    Mullen on Tuesday opposed a magistrate judge's recommendation that the court find invalid its patents covering location-based services on mobile devices asserted against Samsung, saying it is at odds with a recent Federal Circuit decision.

  • July 21, 2026

    Atty Immunity Should Cut Firm From Fee Suit, Judge Says

    A Texas federal judge has recommended letting California law firm Bartko Pavia out of a lawsuit brought by litigation boutique Williams Simons & Landis PC over alleged unpaid legal fees, saying attorney immunity shields the California firm.

  • July 21, 2026

    India-Based AI Founder Says Colo. Court Lacks Jurisdiction

    The former chief business officer and founder of an AI mapping company accused of copying thousands of its rivals' maps told a Colorado federal judge Monday that the court has no jurisdiction over him and that the claims against him must be dismissed.

  • July 21, 2026

    Invisalign Maker Align Keeps PTAB Wins At Fed. Circ.

    The Patent Trial and Appeal Board properly invalidated claims in two Dental Monitoring SAS orthodontia patents, the Federal Circuit affirmed Tuesday.

  • July 21, 2026

    Google's Copyright Claims Over Scraping Tossed, For Now

    A California federal judge has dismissed Google's complaint accusing data-scraping company SerpApi of bypassing technological safeguards to copy and resell the tech giant's search results, ruling that Google did not plausibly allege its anti-scraping system operated with the authority of copyright owners whose content appeared in those results.

  • July 21, 2026

    Acer Can't Escape Ericsson Dispute Over 4G, 5G Patents

    A Delaware federal judge won't throw out Ericsson's suit seeking a finding it didn't infringe Acer Inc. patents covering 4G, LTE and 5G wireless standards, despite Acer filing litigation first in Texas accusing Ericsson's customers of infringement.

  • July 21, 2026

    Thermo Fisher Says TRO Needed To Protect $8.9B Deal

    A Delaware Chancery Court judge said Tuesday he is still weighing whether to temporarily block a former Thermo Fisher Scientific Inc. executive from joining Fortrea Holdings Inc., signaling that the dispute turns on difficult questions about the scope of restrictive covenants while cautioning the parties not to assume how he will rule.

  • July 21, 2026

    Mother Of Musk's Child Asks Texas Court To Toss XAI Suit

    The mother of one of Elon Musk's children has asked a Texas federal court to toss a suit brought by Musk's artificial intelligence company, xAI, that alleges breach of contract, telling the court that xAI's actions constituted "a race to the courthouse dressed up as a lawsuit."

  • July 21, 2026

    Novo's False Ad Suit Against Eli Lilly Ramps Up GLP-1 Rivalry

    Pharmaceutical giant Novo Nordisk Inc. slapped rival Eli Lilly & Co. with a false advertising suit in New Jersey federal court Tuesday, calling a marketing campaign for the rival's weight loss drugs "deceptive" for "withholding critical scientific evidence" about newer GLP-1 formulations.

  • July 21, 2026

    Squires Pressed On 'Board Of Peace' TM Apps He Withdrew

    A Maryland congressman has asked U.S. Patent and Trademark Office Director John Squires for more information about what he said was his "baffling and legally dubious" push to secure trademark protections for President Donald Trump's "Board of Peace."

  • July 21, 2026

    Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

    The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    New Head Of US International Trade Commission Selected

    President Donald Trump has tapped the newest member of the U.S. International Trade Commission to serve as its chair, the ITC announced Tuesday.

  • July 21, 2026

    Centripetal IP Survives Fed. Circ. Despite 'Ghost In The Room'

    A Federal Circuit panel on Tuesday backed a Patent Trial and Appeal Board decision that declined to strike some claims in a cybersecurity patent owned by Centripetal Networks LLC, even if a "ghost in the room" suggests that it's preserving unpatentable claims.

  • July 21, 2026

    Apple's Bid To Invalidate Speech Patent Revived On Appeal

    The Federal Circuit on Tuesday gave Apple Inc. another opportunity to show that claims in a Zentian Ltd. speech recognition patent are invalid, faulting the Patent Trial and Appeal Board's decision to uphold the patent, which is at issue in a California infringement suit.

  • July 21, 2026

    7th Circ. Probes Offset Restitution In Hytera-Motorola Dispute

    Seventh Circuit judges appeared amenable Tuesday to Motorola's argument that an Illinois federal judge wrongly refused to order Hytera to pay restitution for stealing trade secrets and improperly treated Hytera's payments in parallel civil litigation as offsets in the criminal case, effectively nullifying Motorola's punitive damages award.

  • July 21, 2026

    Resume Builder Defends Antitrust Case Against Rival

    Rocket Resume Inc. is defending its antitrust case in California federal court accusing Bold Ltd., the owner of Monster and CareerBuilder, of monopolizing the U.S. market for online resume-building platforms.

  • July 21, 2026

    Baker McKenzie Hires Life Sciences, IP Attys In DC, NY

    Baker McKenzie has hired two attorneys, in Washington, D.C., and New York, who focus their practices on life sciences transactional matters and intellectual property issues, the firm announced Tuesday.

  • July 21, 2026

    Boehringer Alleges United Therapeutics Poached Staff, Secrets

    Boehringer Ingelheim Pharmaceuticals Inc. is suing United Therapeutics Corp. in Delaware Chancery Court, alleging it recruited more than 20 members of Boehringer's specialized interstitial lung disease sales team to obtain confidential business information before launching a competing drug.

  • July 21, 2026

    DirecTV Sues Over Va. Fraud Scheme

    DirecTV has filed suit against a Virginia man and a group of companies, alleging that they engaged in a scheme to defraud DirecTV customers.

  • July 21, 2026

    College Advising Co. Drops Contract Row With Ex-Franchisee

    A college consulting company has dropped its lawsuit accusing a former franchisee of filching its proprietary methods and starting a new venture, North Carolina federal court records show.

  • July 20, 2026

    Moderna Hits CureVac With Countersuit In COVID Vax Fight

    Moderna has filed a countersuit in Delaware federal court against a BioNTech subsidiary's claims that Moderna's COVID-19 vaccine infringed several patents, saying the rival biotech company was trying to "take credit" for Moderna's own innovations in mRNA vaccines.

  • July 20, 2026

    Google Data Sharing With Temu Violates DOJ Rule, Suit Says

    Google shares internet users' sensitive information with Chinese e-commerce giant Temu and a technology firm the Pentagon calls a "Chinese military company," violating a U.S. Department of Justice rule preventing the bulk transmission of data to "countries of concern," according to a proposed class action in California federal court.

Expert Analysis

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

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    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

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    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

  • Generic Drugs Do Not Reach Patients Sooner In The EU

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    Although the U.S. and European Union take very different approaches to patents, regulatory exclusivities and drug pricing, data shows that the effective market life for brand-name drugs is essentially the same in both jurisdictions, says Margaret Kyle at Mines Paris.

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