Intellectual Property

  • August 25, 2026

    Karate League Says Its IP Claims Should Go Before A Fla. Jury

    The operator of a karate association is fighting to keep its intellectual property case alive in Florida federal court, arguing that a jury should decide whether a group of promoters can claim ownership of its trademark. 

  • August 25, 2026

    Dropbox Escapes Cloud Patent Trial Set For Sept.

    A California federal judge has ruled that Entangled Media could not prove that Dropbox infringed a patent covering cloud-based data storage under an alternative theory, calling off a Sept. 8 trial date since Entangled had already received a ruling against it on literal infringement.

  • August 25, 2026

    Albright Cements Lyft's $1M Trial Loss Over Ride-Hailing IP

    A Texas federal jury rightly found that Lyft Inc. infringed Quartz Auto Technologies LLC's ride-hailing patent and should pay $1 million for doing so, U.S. District Judge Alan Albright has ruled.

  • August 25, 2026

    Lupin Beats Vertex's Patent Suit Over Cystic Fibrosis Drug

    A Delaware federal court has rejected Vertex Pharmaceuticals Inc.'s suit accusing Lupin Ltd. of infringing patents covering a cystic fibrosis treatment, with a judge saying Monday that Lupin's planned generic doesn't have the specific concentration of the drug covered by the patents.

  • August 25, 2026

    FDA Must Revisit Xifaxan Generic Exclusivity, DC Circ. Says

    The D.C. Circuit on Tuesday ordered the U.S. Food and Drug Administration to take another look at Norwich Pharmaceuticals' bid to bring a generic version of a prescription drug for irritable bowel syndrome to market, faulting the FDA's use of what the court said was an incorrect causation standard.

  • August 25, 2026

    Naked Whey Can't Dump Naked Juice's TM Suit, Judge Says

    Naked Juice can proceed with its trademark infringement suit alleging vitamin and supplement company Naked Whey sells sparkling energy drinks under the brand "Naked" after an Illinois federal judge ruled Monday the plaintiff pled with sufficient details to show customers might think the beverages share a common source.

  • August 25, 2026

    Anthropic Appoints New General Counsel

    Artificial intelligence giant Anthropic, which is behind the chatbot Claude, has appointed a new general counsel, with her predecessor moving into a role coordinating with international governments.

  • August 25, 2026

    Insurer Gets $2 In Damages In Trade Secret, Contract Case

    A Chicago-based captive insurer was granted a favorable judgment on some claims of trade secret misappropriation and breach of contract but was awarded only $2 in nominal damages in a case alleging that an insurance seller and some agents lifted confidential client lists.

  • August 24, 2026

    AI Co. Perplexity Moves To Trim CNN Infringement Suit

    Perplexity has urged a New York federal judge to significantly pare down CNN's lawsuit accusing the artificial intelligence developer of infringing the network's stories, videos and images without permission, saying it can't be held liable for automated responses that its "answer engine" gives to user prompts.

  • August 24, 2026

    NY Judge Dismisses Suit Over Pelé Photo After Settlement

    The estate of a renowned Brazilian sports photographer has settled its lawsuit in New York federal court against two soccer-themed retail companies, which it accused of selling merchandise bearing an iconic 1965 photograph of soccer legend Pelé without authorization.

  • August 24, 2026

    WikiHow Says ChatGPT Spits Out How-To Guides Verbatim

    WikiHow has accused OpenAI in New York federal court of mass-scale copying of the how-to instruction site's copyrighted articles to train ChatGPT and generate near- or full-verbatim reproductions of wikiHow's "distinctive" instructional articles.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    USPTO Anonymous Reexam Proposal Spurs Concern, Praise

    A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

  • August 24, 2026

    Spirit Data Sale To Google Draws Objection From Springshot

    Software company Springshot Inc. has filed a limited objection to the $10 million sale of Spirit Aviation Holdings' business data to Google LLC for artificial intelligence training, saying some of the data being sold could potentially constitute Springshot's intellectual property.

  • August 24, 2026

    DivX Fights Uphill For New Patent Trial After Loss To Netflix

    A California federal judge indicated Monday he is not likely to grant video compression technology company DivX's request for a new trial over anti-copying and image-quality patents after a jury cleared Netflix of infringement in March, disagreeing that he gave faulty jury instructions by using the word "covers" instead of "includes."

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    'Time Bubble' Doesn't Warrant 'RAW' TM Retrial, Judge Says

    An Arizona federal judge has denied a request for a new trial to a company suing a rival over its "RAW" rolling papers trademark, saying the company had not been prejudiced by the judge's decision to exclude evidence from May 2021 on and ordering the company to pay its rival over $3 million in attorney fees and costs.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Sony Sues Kroger Over Influencer Ads With Copyrighted Music

    Sony Music has filed a copyright suit against grocery chain Kroger, saying influencer ad videos promoting its brands, stores, products and latest sales have been using copyrighted sound bites without permission.

  • August 24, 2026

    Judge Orders $245M In Guardant Damages In DNA Patent Suit

    A judge has boosted what Guardant Health Inc. owes in a case in which it was found to have infringed two TwinStrand Biosciences Inc. patents covering methods of lowering the error rate in DNA sequencing, bringing the total to $245 million.

  • August 24, 2026

    Paul Weiss Hires Goodwin Atty To Lead Supreme Court Team

    Paul Weiss Rifkind Wharton & Garrison LLP has tapped a Goodwin Procter partner with extensive appellate experience to lead its U.S. Supreme Court practice, the firm said Monday.

  • August 24, 2026

    10th Circ. Won't Revisit Netflix's 'Tiger King' Fair Use Win

    The Tenth Circuit will not reconsider its ruling that Netflix's use of a 66-second funeral clip in its hit "Tiger King" docuseries was fair use, leaving intact a decision that rejected copyright claims brought by the videographer who shot the video.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    Cytek Hit With $56M Verdict For Infringing Cell-Sorting Patent

    A Delaware federal jury Friday awarded roughly $36 million in damages to biomedical testing manufacturer Beckman Coulter after finding that Cytek Biosciences infringed one of its patents covering a technology that quickly analyzes single cells.

Expert Analysis

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

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