Intellectual Property

  • October 08, 2026

    Ex-Patent Commissioner Joins IP Advocacy Group Board

    The U.S. Patent and Trademark Office's former acting patent division leader has been named as a new advisory board member of the Council for Innovation Promotion after leaving the agency in April, the advocacy group has announced.

  • October 08, 2026

    USA Today Adds To Pile Of Newspaper Suits Against OpenAI

    USA Today Co. Inc. and several of its subsidiary newspapers accused OpenAI on Thursday in New York federal court of using their copyrighted news content to train ChatGPT, adding to a heap of lawsuits filed by large and small newspapers claiming the company made free use of content it should have paid for.

  • October 08, 2026

    USPTO Plan To Limit AIA Reviews Is In White House's Hands

    Rules proposed by the U.S. Patent and Trademark Office to place new limits on patent challenges are being scrutinized by a White House agency, which has held dozens of meetings with groups advocating for and against the plan in recent weeks.

  • October 08, 2026

    Judge Plans To Drop TMZ Parent From Terrell Owens' TM Suit

    An Illinois state judge said Thursday that he intends to dismiss the Fox subsidiary behind TMZ from a trademark infringement lawsuit brought by ex-NFL star Terrell Owens, which accused the outlet of exploiting his famed catchphrase "Getcha Popcorn Ready" as a tagline in its football-related coverage to evoke anticipation, increase advertising revenues and generate web traffic.

  • October 08, 2026

    Fed. Circ. Told Trade Secret Suit 'Never' Should've Been Filed

    A Federal Circuit panel focused Thursday on when a business analytics software company's unsuccessful trade secret case against a rival may have crossed the line into bad faith litigation, warranting nearly $2.8 million in attorney fees from a Utah federal judge.

  • October 08, 2026

    Disney, ESPN Sued Over Streaming Patents By Korean Group

    A South Korean government research institution and three universities have sued Disney, Hulu and ESPN in Delaware federal court claiming part of their ways of providing videos infringes a series of streaming patents.

  • October 08, 2026

    No Sign Of A Final Whistle For NCAA Eligibility Suits

    New NCAA rules and a looming U.S. Senate bill could lead to a decrease in court fights over athletes' eligibility, but the huge dollars at stake and athletes' desire to extend their careers mean that litigation is not going to disappear anytime soon.

  • October 08, 2026

    Air Force Licenses Drone Capture Patent To AI Tech Co.

    The U.S. Air Force is licensing one of its patents meant to trap drones and disarm their communication systems to an artificial intelligence space and defense infrastructure company to evaluate its use across various applications.

  • October 08, 2026

    Procopio Hires Ex-Perkins Coie IP Attorney As Partner In Calif.

    Procopio Cory Hargreaves & Savitch LLP announced on Thursday it has hired a former Perkins Coie intellectual property veteran to join the firm's Del Mar Heights, California, office as a partner.

  • October 08, 2026

    IP Rights Group Urges Against Litigation Funding Disclosure

    An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

  • October 08, 2026

    Insurer Says Related Dispute Bars Ad.com TM Suit Coverage

    An insurer asked a California federal judge to find that it did not breach its policy with an online advertising company by refusing coverage against a trademark lawsuit, saying the infringement claims are related to a state court case filed outside the policy period.

  • October 08, 2026

    DLA Piper Taps 2 O'Melveny Lawyers For Leadership Roles

    DLA Piper has hired two O'Melveny & Myers LLP lawyers as the new leaders in two D.C.-based intellectual property groups, one of whom was the leader of his prior firm's International Trade Commission litigation group.

  • October 08, 2026

    Fed. Circ. Presses Inventor On SAWS Bias Challenge

    Federal Circuit judges appeared skeptical of an inventor's argument that the U.S. Patent and Trademark Office's controversial and now discontinued "sensitive" patent applications program derailed his application for a patent on a type of internal combustion engine in violation of his constitutional rights.

  • October 08, 2026

    Jury Says Amazon Storefronts Infringed Golf Cart Patents

    A federal jury in Virginia has found that three Amazon storefront operators willfully infringed a Chinese company's patent covering a collapsible golf cart, while also holding two of the operators liable for infringing a second, related patent.

  • October 08, 2026

    Fish & Richardson Adds UPC Litigator In Munich

    Fish & Richardson has bolstered its Munich office with a new Unified Patent Court litigator, who said Thursday that his new firm is "uniquely positioned" to build a standout practice at the unitary European forum.

  • October 07, 2026

    Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

    Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.

  • October 07, 2026

    Blue Cross Must Justify Carve-Up Unit By Unit In Calif.

    Counsel for hospital plaintiffs touted a "landmark" win in California state court litigation that will require the Blue Cross Blue Shield network to justify unit by unit how it has carved up markets.

  • October 07, 2026

    Ex-Deloitte Duo Can't Shake Feds' Trade Secrets Claims

    A West Virginia federal judge on Wednesday refused to throw out criminal charges against a pair of former Deloitte employees accused of stealing the company's trade secrets, finding that the issues raised by the workers must be addressed by a jury.

  • October 07, 2026

    Josh Cellars Co. Says Ex-Prez Has 'Deep' Litigation Funding

    Companies behind the Josh Cellars wine brand say they should be allowed to introduce an ex-president's alleged litigation funding deals during an upcoming Connecticut jury trial, arguing they're necessary to defend against his assertions regarding a corporate operating agreement and to refute a possibly misleading portrayal of the parties' resources.

  • October 07, 2026

    Kia Settles E-Key, User ID Tech Patent Cases In Texas

    Kia and Emerging Automotive LLC told a Texas federal court Tuesday they had reached a settlement in principle resolving their patent disputes over e-key and vehicle user identification technology, asking for a 30-day pause to finalize the agreement in litigation over technology that also involves Toyota.

  • October 07, 2026

    Ex-Burger King Operator Must Close Eateries In TM Dispute

    A Florida federal judge on Wednesday shut down several restaurants owned by a former Burger King franchisee who renamed her shops "Jumbo King Burger," saying the owner is likely violating a prior agreement to not compete with the fast-food giant and infringing its intellectual property.

  • October 07, 2026

    Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

    The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.

  • October 07, 2026

    GDC Owes $3.1M In Digital Rights Management Patent Trial

    A Texas federal jury has awarded nearly $3.1 million to a patent-holding company, finding that a digital cinema products business willfully infringed a patent, but cleared the company of infringement allegations on a second patent.

  • October 07, 2026

    3rd Circ. Upends Sandoz's $61.6M Award Against UTC

    A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.

  • October 07, 2026

    Copyright Office Probes AI's Role In Streaming Fraud

    The U.S. Copyright Office is examining whether music-streaming fraud and artificial intelligence-generated music are affecting royalty payments and licensing systems as part of a broader inquiry requested by Congress.

Expert Analysis

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

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    Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • CIPA Tech Tracking Suits Highlight Uncertain Legal Ground

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    Alexandra Samofalova at Spencer Fane discusses the state of California Invasion of Privacy Act website tracking litigation, why credible defendants choose to settle and how the businesses best positioned to face this uncertain legal landscape are the ones treating data practices as a legal compliance matter to address today.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Protecting Biotech Innovation In The Platform Knowledge Era

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    Following the U.S. Food and Drug Administration's recent shift toward leveraging prior and platform knowledge in biotechnology, companies should protect their innovations by guarding against obviousness challenges and treating the entire development pipeline as a source of patentable innovation, says Aisha Hasan at Barnes & Thornburg.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

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