Intellectual Property

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Ex-Greenberg Traurig Atty Named Acting Patent Commish

    A former principal shareholder at Greenberg Traurig LLP has been promoted to acting commissioner for patents at the U.S. Patent and Trademark Office, according to his LinkedIn profile.

  • July 30, 2026

    CBP Outlines Rates, Classifications For Pharma Tariffs

    U.S. pharmaceutical giants aren't expected to face various tariff rates up to 100% on certain imported patented drugs and ingredients beginning Friday, but all importers must begin to classify their goods that will eventually be subject to the duties, according to customs guidance published Thursday.

  • July 30, 2026

    8th Circ. Agrees Chartreuse Color Can't Save Hose Maker's TM

    The Eighth Circuit on Thursday declined to revive a trademark that was asserted in a case brought by a water hose manufacturer against a competitor, agreeing with a federal judge who ruled the chartreuse color of the hoses was a functional feature and therefore invalidated the trademark.

  • July 30, 2026

    Squires Erases PTAB Ax Of Dermatology IP Upheld At ITC

    U.S. Patent and Trademark Office Director John Squires has thrown out the Patent Trial and Appeal Board's finding that Biofrontera Inc. had shown that all the challenged claims of a Sun Pharmaceutical Industries Inc. patent on a photodynamic dermatology device are invalid as obvious.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    WDTX Jury Awards $1.5M In Lighting Patent Retrial

    A Texas federal jury has awarded Chinese company Jiaxing Super Lighting almost $1.5 million in damages from rivals found to have infringed an LED tube lamp patent, a year after the Federal Circuit ordered a new trial.

  • July 30, 2026

    Impossible Foods Gets New TM Trial On Punitive Damages

    A California federal judge has ordered a new trial on punitive damages against Impossible Foods in a case over the "Impossible" trademark, ruling that the $1.75 million in punitive damages a jury awarded lifestyle brand Impossible X was against the clear weight of trial evidence.

  • July 30, 2026

    XAI Can't Unmask Jane Does In Deepfake Suit, Judge Says

    A California federal judge on Thursday declined to order a group of women suing xAI Corp. over Grok-generated deepfakes of them in sexual situations to reveal their identities and allowed them to proceed pseudonymously, finding their fears of threatened harm and retaliation from having to disclose their real names were reasonable.

  • July 30, 2026

    Squires Grants 6 Patent Petitions, Denies 4 In New Order

    U.S. Patent and Trademark Office Director John Squires has granted six requests for America Invents Act patent reviews and rejected four in his latest batch of decisions.

  • July 30, 2026

    Fed. Circ. Revives Schmeisser Gun Magazine Patent Suit

    The Federal Circuit on Thursday reversed a Wyoming judge's decision that found a firearm patent invalid as indefinite, reviving a preliminary injunction against a Bosnian gun part-maker that the lower court had dissolved.

  • July 29, 2026

    USC Says Caltech Can't Claim Ownership In Multiplexing IP

    The University of Southern California sued a former professor in Los Angeles County Superior Court on Tuesday claiming he and two other inventors impermissibly assigned their rights in multiplexing technology, allegedly developed using USC's resources, to Caltech, which claims sole ownership over it and sued other entities for patent infringement.

  • July 29, 2026

    1st Circ. Mulls Temu's Bid To Reinstate Suit Against IP Atty

    A First Circuit panel seemed torn Wednesday over whether to revive Chinese e-commerce giant Temu's lawsuit accusing an intellectual property attorney of lying to induce the company into settlements with two clients.

  • July 29, 2026

    Patent Co. IP Suit Against Amazon Should Go On, Judge Says

    A Texas federal judge has recommended denying Amazon's motion for a win on standing grounds in a lawsuit asserting software network patents, finding that even though the inventors of those patents worked for different companies when they conceived the intellectual property, Edge Networking Systems LLC could assert them.

  • July 29, 2026

    Forum Clause Dooms ITC Trade Secret Case Against BMW

    A U.S. International Trade Commission judge has made an initial finding to close a trade secret investigation into BMW's imports of infotainment screens targeted by a California technology company, citing an agreement between the parties saying their disputes had to be hashed out in Germany.

  • July 29, 2026

    Disney Says 'Avatar' Likeness Suit Came 16 Years Late

    Director James Cameron and Disney have asked a California federal judge to dismiss a lawsuit brought by actor Q'orianka Kilcher alleging her face was used to craft the face of a main character in the 2009 film "Avatar," saying Kilcher had waited an unreasonable 16 years to make her claim.

  • July 29, 2026

    J&J Says Cancer Drug Study Sinks Bayer's False Ad Claims

    Johnson & Johnson told a New York federal court that a peer-reviewed scientific journal's publication of a study on the active ingredient in its prostate cancer drug must end Bayer's claims the pharmaceutical giant made false and misleading claims about the drug's efficacy.

  • July 29, 2026

    3rd Circ. Won't Undo Jury Award In Fudge Trade Secret Case

    The ex-wife of a chocolatier lost her challenge to a jury's finding that she misappropriated his secret recipe for "Chocolate Moonshine" fudge, after the majority of a split Third Circuit on Wednesday said there was enough evidence behind the jury's conclusions.

  • July 29, 2026

    Longtime USPTO Employee Tapped For Acting Deputy Leader

    The U.S. Patent and Trademark Office has selected longtime employee Anne Mendez to serve as the acting second in command of the agency after Deputy Director Coke Morgan Stewart revealed this week that she's leaving for the private sector.

  • July 29, 2026

    'Vibe Coding' Pushes Cos. To Rethink Copyright Protection

    As artificial intelligence takes on more software development projects, businesses embracing “vibe coding” are adapting to uncertain copyright protection by documenting engineers’ contributions, keeping humans involved in high-value projects and leaning more heavily on trade secrets.

  • July 29, 2026

    Christian Song Doesn't Infringe Copyright, Ore. Judge Finds

    An Oregon federal judge has agreed with a jury's advisory verdict that a Christian music songwriter did not infringe the copyright on singer Vincent Ambrosetti's song "Emmanuel," noting Ambrosetti himself was not a reliable witness.

  • July 29, 2026

    Retailer Denies Copying Sensodyne With 'Sensio' TM

    A personal care retailer has hit back at the companies behind Sensodyne and Aquafresh, arguing that its "Sensio" and "Triple Protect" toothpastes are unlikely to confuse shoppers because their packaging and designs are markedly different.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    HR Giant Rippling Stole Startup's AI Trade Secrets, Suit Says

    Human resources services provider Rippling stole confidential information about Runlayer's artificial intelligence platform technology to develop its own competing product, the startup claims in litigation filed Tuesday in New York federal court.

  • July 28, 2026

    Split PTAB Upholds Fiber Optics Component Patent

    A divided panel of the Patent Trial and Appeal Board has decided that Cambridge Industries USA Inc. failed to show that any challenged claims are invalid in an Applied Optoelectronics Inc. patent on technology used in fiber optic networks.

Expert Analysis

  • New USPTO Procedure May Be A Boon For Patent Owners

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    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Submitting Ideas To AI Platforms May Affect Patent Rights

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    Recent judicial developments suggest that disclosing an invention to a consumer artificial intelligence platform constitutes public disclosure, making disciplined use of such tools and early filing strategies essential to preserving patent rights, say attorneys at Day Pitney.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • DTSA Data Shows Hidden Value Of Ex Parte Seizure Filings

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    Ten years of Defend Trade Secrets Act data indicate that although there is a low success rate for civil seizure applications, intellectual property litigators should continue filing them anyway in order to better their odds of obtaining other provisional relief, say attorneys at Reed Smith.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

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    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

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    In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Exploring The Legal Gray Area Around AI Voices In Music

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    The growing prevalence of AI music on online platforms highlights unique legal questions and ambiguities surrounding the usage of artificial intelligence to create accurate voice clones of existing singers, says Michael Maicher at Volpe Koenig.

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