Intellectual Property

  • September 22, 2026

    Microsoft Investor Seeks Records Around AI, Copilot Claims

    Microsoft Corp. is facing a lawsuit from a Washington shareholder seeking internal company records in order to investigate what the complaint calls "apparent wrongdoing of Microsoft's directors and officers," including possible insider trading, stock buybacks at artificially inflated prices and the use of copyrighted works to train artificial intelligence models.

  • September 22, 2026

    Big Tech Backs Samsung At Fed. Circ. Over Patent Injunctions

    Top technology companies and various industry groups have urged the Federal Circuit to deny Collision Communications an injunction after the patent owner's $445.5 million infringement verdict against Samsung, saying an injunction would undermine U.S. Supreme Court precedent.

  • September 22, 2026

    Tyra Banks Says Netflix Misquoted Her Pact Like It Edited Doc

    Tyra Banks has told a California federal court that Netflix and the producers of an "America's Next Top Model" docuseries used the same misleading tactic in their dismissal motion that they allegedly used onscreen: removing key material from the middle of statements to change their meaning.

  • September 22, 2026

    USPTO Announces New AI Chief, Int'l Pilot, Outreach Office

    The U.S. Patent and Trademark Office has a new leader for artificial intelligence, is participating in a pilot program for a global intellectual property recordation system and is launching the latest outreach office. Here's what you need to know.

  • September 22, 2026

    High Court Told Sony Win In $500M Patent Case Flouted Law

    The owner of a patent that Sony's PlayStation controllers were cleared of infringing has told the U.S. Supreme Court that the Federal Circuit's decision applied a rule found nowhere in the statute governing functional patent claims or in high court precedent.

  • September 22, 2026

    Lender's $8.1M In Losses Were 'Self-Inflicted,' 11th Circ. Told

    The former CEO of a lender that financed independent insurance marketers has urged the Eleventh Circuit to reverse an $8.1 million trial judgment for breaching his work terms, arguing that the damages sustained by his previous employer were "self-inflicted." 

  • September 22, 2026

    Healthcare PE Firm Sues Real Estate PE Firm Over 'Ironleaf' TM

    Healthcare technology-focused private equity firm Ironleaf Capital LP is accusing real estate private equity firm Ironleaf Equity Partners LLC in Washington federal court of infringing its "Ironleaf" and "Ironleaf Capital" trademarks by being a similarly named private equity firm.

  • September 22, 2026

    Yale, Biohaven Seek $23M Atty Fee After Trade Secrets Win

    Yale University and Biohaven Therapeutics Ltd. have requested attorney fees topping $23.1 million, plus $2 million each in exemplary damages, after winning a $4 million trial verdict, though both entities are also seeking a new trial to readdress damages on trade secrets and contract breach claims.

  • September 22, 2026

    3rd Time's A Charm As Netflix Gets PTAB To Ax DivX Patent

    The Patent Trial and Appeal Board has ruled that Netflix was able to show that all the claims in a DivX streaming patent were invalid, following two previous decisions to the contrary and two trips to the Federal Circuit.

  • September 22, 2026

    Centripetal Asks Justices To Revive $2.6B Cisco Patent Case

    Centripetal Networks LLC has told the U.S. Supreme Court that a decision clearing Cisco Systems Inc. of infringing its cybersecurity patents in a $2.6 billion case was wrongly based on a new claim construction that a judge entered late in the case, without letting Centripetal respond.

  • September 22, 2026

    DC Circ. Says Copyright Board Must Explain Allocations

    The D.C. Circuit on Tuesday threw out a judicial copyright board's decision on how it divided cable retransmission payments from 2014 through 2017, faulting it for how it did a final step in determining allocations among claimants.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    Wi-Fi Calling Antitrust Suit Sent To Arbitration

    A D.C. federal judge is requiring a general subscriber class of consumers to arbitrate their claims that AT&T, Verizon and T-Mobile are offering free Wi-Fi calling service as part of a conspiracy to monopolize the Wi-Fi calling market.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 22, 2026

    EU, Philippines Reach Preliminary Free Trade Deal

    The European Union and the Philippines have reached a "substantial agreement" on a free trade deal that would mutually reduce or remove tariffs on 97% of trade between them, the bloc announced Tuesday.

  • September 21, 2026

    Teddy's Says Buc-ee's TM Campaign Violates Antitrust Law

    Teddy's Market has escalated its counterclaims against Buc-ee's in Georgia federal court with allegations of antitrust violations, claiming the travel-center chain uses trademark infringement lawsuits to unlawfully expand its control over cartoon-animal branding in the convenience store industry.

  • September 21, 2026

    AI-Native Healthcare Service Co. Says Rival Copied 'N' Logo

    Nitra Inc., an artificial intelligence-native all-in-one platform that provides fintech related services helping healthcare practices save time and money, accused a rival company of impermissibly using a "strikingly and confusingly similar" design mark for the stylized letter "N," according to a trademark infringement action filed Friday in California federal court.

  • September 21, 2026

    Anthropic Can't Shake Reddit's AI Content-Scraping Suit

    A San Francisco judge largely rejected Anthropic's bid to toss Reddit Inc.'s suit accusing it of improperly gathering user content to train its artificial intelligence products, finding that most of Reddit's allegations have extra elements exempting them from federal preemption.

  • September 21, 2026

    Telecom Giants Seek Fees For 'Unprincipled' Asus Patent Suit

    AT&T, Verizon and T-Mobile asked a Texas federal judge on Monday for attorney fees after they defeated an infringement suit over wireless communications patents, accusing Asus Technology Licensing Inc. and the other plaintiffs of "an aggressive and unprincipled litigation campaign."

  • September 21, 2026

    Deal Resolves Oil Pump Case After Final Albright Patent Trial

    Texas-based manufacturer UTEX Industries and GD Energy Products have told a Texas federal judge they've agreed to the dismissal of a suit where a jury found last month that GD Energy didn't infringe a patent covering a packing assembly for pumps used in the oil and gas industry.

  • September 21, 2026

    Moderna Says Sanofi Wants To 'Unjustly Profit' In Vax IP Suit

    Sanofi's patent infringement suit against Moderna is an attempt to "unjustly profit" from the latter's COVID-19 vaccines after Sanofi was unable to produce its own, Moderna has told a New Jersey federal court.

  • September 21, 2026

    Cigna Wins $1.8M In Fees After Payment Patent Fight

    A Texas federal magistrate judge has awarded Cigna Corp. nearly $1.8 million in legal fees in a case where it was cleared of infringing a card payment patent, just days after he said a shopping mall owner and gift card company were also entitled to fees in the legal battle.

  • September 21, 2026

    Microsoft Faces Encryption Patent Suit Over Teams And Azure

    A new lawsuit alleges Microsoft's Teams and Azure platforms infringe five patents originally issued to secure messaging company Cyph Inc., which was founded by former SpaceX engineers.

  • September 21, 2026

    She Has A Point: Fenwick's Jessica Kaempf

    Jessica Kaempf of Fenwick & West LLP is a pragmatic yet tenacious attorney whose representation of her clients has earned her plaudits from Kathi Vidal of Winston Taylor, who praised Kaempf as part of a Law360 series celebrating women litigators.

Expert Analysis

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 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.

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