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Intellectual Property
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Featured
Justices To Clarify What's Fair Game With 'Skinny Labels'
A new U.S. Supreme Court patent case that will require the justices to spell out what generic-drug makers can say when marketing drugs with so-called skinny labels will shape whether and how those companies use the tactic of carving out patented uses from labels, attorneys say.
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January 23, 2026
Fed. Circ. Finds Tire Pressure Patent Invalid In $6.6M Case
The Federal Circuit on Friday ruled that a patent covering tire pressure monitoring was invalid for obviousness, overturning a jury verdict putting Autel Intelligent Technology Corp. Ltd. on the hook for $6.6 million that was overruled by a Texas federal judge for different reasons.
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January 23, 2026
Guardant Can Try Again To Nix Patent Tied To $83M Verdict
The Federal Circuit on Friday threw out a Patent Trial and Appeal Board decision finding Guardant Health couldn't show that a University of Washington DNA sequencing patent is invalid, sending the case back to the board for another look.
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
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January 23, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw Travelers Insurance hit with a claim from a property buyer over a payout tied to collapsed law firm Axiom Ince, Swedish music group Pophouse Entertainment clash with the production company that helped it create the ABBA Voyage experience, and biotech company Vertex Pharmaceuticals sue rival entity ToolGen for patent infringement.
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January 22, 2026
Nappy Roots Hit With Infringement Suit Over 'Good Day' Bop
Rap group Nappy Roots sampled a 30-second snippet in its hit song "Good Day" despite not having permission from the music sample's co-composers, according to a new lawsuit filed in Atlanta federal court.
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January 22, 2026
Patent Office Beats La Jolla Pharma's Application Denial Suit
A Virginia federal judge on Wednesday upheld a U.S. Patent and Trademark Office decision that denied patent applications from drug developer La Jolla Pharma LLC claiming a unique dosage and delivery method of a drug the company markets to treat low blood pressure, finding the claims are all anticipated or obvious.
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January 22, 2026
Debt Collector Takes Computer Fraud Ruling To High Court
A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.
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January 22, 2026
DoggyPhone Sues Again Over Furbo Pet-Comms Product
Tech company DoggyPhone LLC again took aim at Tomofun on Thursday, claiming in Seattle federal court that the pet-toy maker's Furbo line of products infringes a DoggyPhone-held patent describing "systems and methods that enable remote human-pet communication."
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January 22, 2026
Call To End Prosecution Laches Rejected By Full Fed. Circ.
The full Federal Circuit on Thursday rejected prolific inventor Gilbert Hyatt's rehearing petition asking the court to abolish the doctrine of prosecution laches, which can render a patent unenforceable based on delays by the owner during the application process.
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January 22, 2026
Fed. Circ. Says Livestream Patent In Google Suit Is Abstract
A Federal Circuit panel on Thursday agreed with a Washington federal court's conclusion that a livestreaming patent asserted against Google covers a patent-ineligible abstract idea, finding the relevant claims were too "result-oriented."
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January 22, 2026
NFL's Lions Should Face Copyright Suit In Calif., Photog Says
A California photographer has pushed back against the Detroit Lions' bid to dismiss his lawsuit accusing the NFL team of using photos he took of quarterback Jared Goff without permission, telling a California federal court that his lawsuit, contrary to the team's contention, belongs in the Golden State.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
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January 22, 2026
Merck Can't Get Fed. Circ. To Reconsider Axing MS Drug Patents
The Federal Circuit on Thursday refused to reconsider decisions invalidating Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, turning aside the German drugmaker's claim that the court set an unjust new rule that means inventors' work can later be used against them.
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January 22, 2026
Colo. Co. Can't Sue Target Again For Infringement, Court Told
A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.
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January 22, 2026
10th Circ. Partly Revives Pest Control Co.'s Fraud Claims
The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.
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January 22, 2026
Patagonia Claims Activist 'Pattie Gonia' Rips Off TM In $1 Suit
Patagonia Inc. has sued an activist who goes by the "Pattie Gonia" persona in California federal court, asking the court to block the drag queen from selling T-shirts and other merchandise and services that allegedly rip off its popular trademarks, while only seeking $1 in nominal damages.
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January 22, 2026
3rd Circ. Says Medical Pot Contract May Violate Federal Law
The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.
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January 22, 2026
AI Diagnostics Co.'s Patent Claims Don't Pass Alice Test
A California federal judge has thrown out artificial intelligence diagnostics company Tempus AI's patent infringement suit against medical test-maker Guardant Health, finding claims in the patents weren't patent-eligible to begin with.
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January 22, 2026
USPTO Re-Ups Agreement With Major IP Offices Through 2029
The U.S. Patent and Trademark Office has extended the Patent Prosecution Highway pilot program with four other intellectual property offices, which expedites review of patent applications that have been allowed in another country, for another three years.
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January 22, 2026
Simpson Thacher Adds Quinn Emanuel Atty To New SF Office
A Quinn Emanuel Urquhart & Sullivan LLP attorney who worked on high-profile intellectual property matters representing Google and Jane Street Group has joined Simpson Thacher & Bartlett LLP as partner in its newly opened San Francisco office, the firm announced Thursday.
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January 22, 2026
Amazon Says IP Lawyer Can't Dodge Trademark Suit
Amazon is pushing back against an intellectual property lawyer's effort to escape a lawsuit accusing him of conspiring with a Chinese company to sidestep a U.S. Patent and Trademark Office rule, arguing the claims were properly pled and that the Seattle federal court is the proper venue.
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January 21, 2026
NYC Sues Dr. Phil's Son To Stop NYPD Reality Show
The city of New York on Wednesday sued the son of celebrity psychologist Dr. Phil in state court, claiming that he and his production company plan to air a reality television show about the New York Police Department that contains footage that would threaten the lives and safety of active police officers, witnesses and victims.
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January 21, 2026
PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told
A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.
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January 21, 2026
Novartis Gets Win On Entresto Patent Tied To Earlier Ruling
A Delaware federal judge found Wednesday that MSN Pharmaceuticals Inc. infringed a patent covering Novartis Pharmaceuticals Corp.'s blockbuster cardiovascular drug Entresto, saying the issue has already been litigated before.
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January 21, 2026
Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says
The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."
Editor's Picks
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Copyright Guide Or Policy Change? Project Divides IP Attys
The American Law Institute's restatements of law, widely regarded as influential reference points for judges and attorneys, are typically yearslong projects that are finished quietly and without much controversy, but one for copyright that concluded this year has diverged from that tradition.
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PTAB Judges Alarmed By Squires' Moves To Limit Their Role
With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their role and are looking for work elsewhere amid the instability.
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Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
Expert Analysis
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Reel Justice: 'Die My Love' And The Power Of Visuals At Trial
The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Utilizing AI In Agriculture Requires A Strong IP Strategy
As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Lessons From The Pokemon Patent Firestorm
Public outcry against Nintendo being granted a patent over Pokémon gaming mechanics amid its ongoing patent infringement case against "Palworld" developer Pocket Pair, and the U.S. Patent and Trademark Office's subsequent order to reexamine Nintendo's patent, highlight potential risks associated with drafting ambiguous, unnecessarily complex or overly aggressive claims, say attorneys at McNees Wallace.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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How AI Drafting Should Transform Patent Filing Strategies
As agentic artificial intelligence reduces the time and expense required to draft and file patents, companies should shift focus away from rationing drafting hours and more toward governing optionality, says Ian Schick at Paximal.
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9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test
Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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IP Appellate Decisions Show 4 Shifts In 2025
In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.