Intellectual Property

  • July 23, 2026

    Firm Must Share Sanctions In Door IP Suit, Fed. Circ. Says

    The Federal Circuit on Thursday refused to let a law firm off the hook for about $23,000 in sanctions implemented by a federal judge for not complying with a discovery order in a door manufacturing patent case, ruling that the judge did not improperly rely on a letter the firm said he did.

  • July 23, 2026

    Squires To Review 2024 PTAB Ax That Followed Vidal Ruling

    U.S. Patent and Trademark Office Director John Squires on Thursday said he is going to review a 2-year-old Patent Trial and Appeal Board decision that found claims in an EagleView Technologies patent on measuring roofs to be invalid.

  • July 23, 2026

    NY Exterminator Prevails In 'Black Widow' TM Settlement

    A New York exterminator has prevailed in a settled dispute with a competitor over which party is allowed to use the phrase "black widow" to advertise pest control services, according to a consent judgment filed in Connecticut federal court.

  • July 23, 2026

    Apple Can't Get BigTech AI Voice Suits Under Same Ill. Judge

    Apple cannot get eight similar proposed class actions alleging BigTech companies exploited the voices of journalists and voice actors to train their artificial intelligence reassigned to the same judge overseeing its case, an Illinois federal court ruled.

  • July 23, 2026

    PTAB Eligibility Affirmance Rate Fell After Squires Took Over

    Early data on Patent Trial and Appeal Board decisions on patent eligibility determinations by examiners shows a slight dip in the affirmance rate under U.S. Patent and Trademark Office Director John Squires, according to an analysis by McDonnell Boehnen Hulbert & Berghoff LLP.

  • July 23, 2026

    Web Scraper Seeks Toss Of Reddit Copyright Claims

    SerpApi, a company that scrapes online content, asked a New York federal judge Thursday to let it out of a copyright lawsuit from Reddit alleging it illegally looted content at the behest of Perplexity for AI training, contending Reddit doesn't own copyrights on the bulk of the user content on its website and that the protective measures the suit alleged were circumvented belong to Google.

  • July 23, 2026

    EBay Cleared Under Alice In Website Patent Dispute

    A Delaware federal judge has thrown out a lawsuit accusing eBay Inc. of infringing a pair of patents on customizing access to websites, finding the patents only covered abstract ideas without any inventive concept to save them.

  • July 23, 2026

    Pictiva's $93M Trial Win Doesn't Moot Invalidation, PTAB Says

    The Patent Trial and Appeal Board has again invalidated claims of a Pictiva organic light-emitting diode patent, telling U.S. Patent and Trademark Office Director John Squires that Samsung's invalidity argument differs from one rejected by a Texas federal jury.

  • July 23, 2026

    9th Circ. Urged To Keep Reddit Moderator Subpoenas Alive

    A YouTube creator's production company has pressed the Ninth Circuit to reject a bid by anonymous Reddit moderators to block subpoenas seeking their identities, arguing that a federal judge properly found the company presented sufficient evidence that they facilitated alleged copyright infringement by directing people to livestreamed "watch parties" of its content.

  • July 23, 2026

    Fed. Circ. Partly Undoes Amazon Digital Photo Frame IP Win

    The Federal Circuit on Thursday refused to reboot a trio of digital picture framing patents Amazon was accused of infringing but reversed a California federal judge's finding that another patent was invalid.

  • July 23, 2026

    USTR Says EU's Google Actions Cast Cloud On US Trade Deal

    The U.S. trade deal with the European Union may be undermined by European Commission actions against Google owner Alphabet, including penalties totaling over $1 billion and claims that the U.S. technology giant unfairly favored its own services in certain applications, U.S. Trade Representative Jamieson Greer said Thursday. 

  • July 22, 2026

    Deckers Wants New IP Validity Trial Over 'Fundamental' Error

    Deckers Outdoor Corp. on Wednesday moved for a new trial on the validity of its design patent for its Ugg Classic Ultra Mini Boot, saying it was a "fundamental legal error" for the court to instruct the jury that it could invalidate the patent for indefiniteness.

  • July 22, 2026

    6 Copyright Cases To Watch In The Second Half Of 2026

    An appeal over whether an AI-powered legal research tool unlawfully used Westlaw material and a long-running fight involving a Miles Davis tattoo could produce some of 2026's most significant copyright rulings. Here is Law360's list of the most notable copyright cases to watch for the rest of the year.

  • July 22, 2026

    JPMorgan's Kinexys Infringes Blockchain Co.'s IP, Suit Says

    JPMorgan Chase's blockchain business unit Kinexys, which is built on Ethereum Virtual Machine technology and processes billions of dollars worth of tokenized asset transactions every day, is infringing a Texas company's patented technology covering authentication performances, according to a suit filed Wednesday in the Eastern District of Texas. 

  • July 22, 2026

    Split Fed. Circ. Won't Reinstate Injunction In Schedule A Feud

    A split Federal Circuit panel declined to reinstate an injunction against a group of retailers using Amazon and Temu to sell products that electronics company Shenzhen Jisu Technology Co. Ltd. claims infringe its design patent, disagreeing Wednesday with Shenzhen that a district judge had read an improper rule into the case.

  • July 22, 2026

    Huawei Loses Bid To Block Laptop Evidence In NY RICO Case

    A New York federal judge has refused to grant a motion to suppress four laptops and two recordings involving Huawei employees that the government obtained during its lengthy investigation of the Chinese telecommunications company.

  • July 22, 2026

    Midjourney Seeks To Narrow Disney AI Copyright Claims

    Artificial intelligence startup Midjourney has asked a California federal court to trim contributory infringement claims from a copyright lawsuit brought by Disney, Universal and Warner Bros., saying the claims fly in the face of a U.S. Supreme Court decision involving Cox Communications from earlier this year.

  • July 22, 2026

    Tesla Trims 1 Intellectual Ventures Patent But Not 2nd At PTAB

    Intellectual Ventures was able to hold onto a patent covering a way to identify targets in an image and most claims in another patent on digital camera technology that were challenged by Tesla at the Patent Trial and Appeal Board.

  • July 22, 2026

    Boston Scientific Settles With Stryker In Spine Device IP Fight

    Boston Scientific and Stryker Corp. have reached a settlement to resolve a case in New Jersey federal court over Stryker's alleged efforts to create a back pain device that infringed a Boston Scientific patent.

  • July 22, 2026

    MillerKnoll Wins $172K Fees After Beating Bubble Lamp IP Suit

    A Michigan federal judge on Wednesday awarded MillerKnoll $172,000 in attorney fees after it defeated intellectual property claims brought by the heirs of modernist furniture designer George Nelson over his iconic bubble lamps, in a case with purportedly tens of millions of dollars at stake.

  • July 22, 2026

    LG Energy Says Bosch, Others Infringe Battery Patents

    LG Energy accused Robert Bosch GmbH, a Chinese battery manufacturer and several others of ripping off its secondary cylindrical battery patented technology that can be used to charge consumer electronics, electric vehicles and power tools, according to a patent infringement action filed in Texas federal court Tuesday.

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Newspapers Claim Articles Were Sold For AI Training

    The publisher of The Wall Street Journal and New York Post has lodged counterclaims against Brave Software Inc. in response to its declaratory judgment suit, saying Brave was creating infringing summary versions of copyrighted articles and selling them to artificial intelligence companies.

  • July 22, 2026

    'Moxie' Boutique Says Club's Name Sows Brand Confusion

    The boutique Moxie Mercantile in Charlotte, North Carolina, has accused a new private social and wellness club of copying its name, saying the membership-only club is confusing its longtime customers in the Queen City by also selling jewelry and clothing to the public.

  • July 22, 2026

    Squires Grants 4 IPRs, Issues No Discretionary Denials

    U.S. Patent and Trademark Office Director John Squires has granted four more petitions for inter partes review, bringing his institution rate to just shy of 30%.

Expert Analysis

  • The Risks And Rewards Of 3 Patent Review Pilot Programs

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    The U.S. Patent and Trademark Office's new pilot programs seek to reduce the patent examination backlog by offering opportunities for faster review, but applicants should proceed carefully to avoid an application losing its accrued patent term adjustment award — or being involuntarily abandoned, says David Gass at Marshall Gerstein.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

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    In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Quantifying Damages In Product Launch Delay Allegations

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    In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Protecting Quantum Innovation As The Sector Commercializes

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    As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Shopify Settlement Clouds Open-Source Copyright Limits

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    Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

  • What Data Says About Biologics-Related Ex Parte Challenges

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    An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

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    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

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