Intellectual Property

  • August 28, 2026

    Fed. Circ. Backs Retailers' Win Over E-Commerce Patent Suits

    The Federal Circuit on Friday refused to reinstate litigation accusing Bath & Body Works and fashion retailer The Buckle of infringing an e-commerce patent, affirming a Texas federal district court's decision to dismiss the legal fight on two separate grounds.

  • August 28, 2026

    Parse Owes $4.9M In Cell Analysis Patent Case, Jury Finds

    A Delaware federal jury put Parse Biosciences Inc. on the hook for $4.9 million after finding Friday that the biotechnology company infringed a trio of Roche Sequencing Solutions Inc. patents covering a way of detecting target molecules in cell samples.

  • August 28, 2026

    Judge Says BlackRock Stake Doesn't Warrant IP Case Recusal

    A federal judge overseeing several Delaware patent lawsuits brought by Monolithic Power Systems Inc. has decided that he will not step aside despite owning stock in BlackRock Inc., which recently disclosed an ownership stake of more than 10% in Monolithic.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 27, 2026

    5th Circ. Diverts From 9th Circ.'s Copyright Server Test

    The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

  • August 27, 2026

    Peeps TM Suit Hops Along But Rival's Candy Can't Be Blocked

    A New Jersey federal judge has rejected a bid to toss Peeps maker's trademark infringement suit against a rival candy maker, but he also refused to block the rival from selling bunny-shaped marshmallows, finding that it's unlikely consumers would be confused by the candies' different packaging.

  • August 27, 2026

    Ugg-Maker Beats Rival Footwear Co.'s Antitrust Suit, For Now

    A California federal judge on Thursday tossed Quince's antitrust suit alleging Deckers uses sham trade dress litigation to block rivals, ruling Quince didn't sufficiently plead a sham litigation exception to the Noerr-Pennington doctrine, which immunizes businesses from antitrust liability for petitioning activity, but allowed Quince a chance to amend.

  • August 27, 2026

    Boeing Calls Moon Tech Discovery Demand A 'Goose Chase'

    The Boeing Co. has pushed back against Colorado-based Wilson Aerospace's bid to force the disclosure of nearly 12 years' worth of financial records in an intellectual property dispute over technology used in a NASA moon exploration program, calling the discovery request "overbroad and unduly burdensome."

  • August 27, 2026

    Quectel Owes $3M For Infringing Philips Patent, Jury Says

    A Delaware federal jury awarded $3 million in damages Thursday and found Quectel Wireless Solutions had willfully infringed a telecommunications patent held by Dutch consumer electronics giant Philips.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    Guardant Suits Against Tempus AI Clear Dismissal Bids

    A Delaware federal judge has refused to throw out litigation accusing Tempus AI Inc. of infringing Guardant Health Inc. patents covering technology used to analyze cancer-related genetic data and help guide testing and treatment.

  • August 27, 2026

    Feds Want Ex-Google Engineer To Get Over 5 Yrs For AI Theft

    Prosecutors have urged a California federal judge to sentence ex-Google software engineer Linwei Ding to nearly 6 years in prison for stealing artificial intelligence trade secrets, while Ding argued that the government's suggestion is based on speculative evidence and he deserves only home confinement since he was acquitted of economic espionage.

  • August 27, 2026

    Sod Co. Seeks Sanctions Over Missing Trade Secrets Files

    A Colorado sod company asked a federal judge for sanctions in its trade secrets suit against former workers and competing businesses, arguing they failed to preserve electronic files that could show whether they possessed, transferred or used the company's confidential information.

  • August 27, 2026

    USPTO Sets Radiation Monitoring Patent Order As Informative

    The U.S. Patent and Trademark Office has added weight to a Patent Trial and Appeal Board order from earlier this year that undid a decision rejecting an RNA patent application.

  • August 27, 2026

    Albright Cuts $9M IP Verdict Against GlobalFoundries To $1M

    A Texas federal judge has reduced a $9.2 million jury verdict against semiconductor-maker GlobalFoundries Inc. for patent infringement to $1 million, faulting several aspects of Katana Silicon Technologies LLC's damages theory.

  • August 27, 2026

    Meta Staves Off 3D Artist's AI Training Suit, For Now

    A California federal judge has dismissed a Los Angeles-based 3D artist's proposed class action alleging Meta Platforms Inc. removed copyright management information from art that was used to train artificial intelligence, but gave the artist a chance to cure the suit's issues.

  • August 27, 2026

    McKool Smith Adds Veteran Trial Atty In Dallas

    McKool Smith has bulked up its litigation offerings in Dallas with the addition of a seasoned trial attorney from a solo practice who also brings decades of BigLaw experience.

  • August 27, 2026

    Womble Bond Asks To Drop Dutch Software Client Over Rift

    Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

  • August 27, 2026

    Fed. Circ. Hands Losses To Apple On 3 Smart Mobile Patents

    Smart Mobile Technologies LLC came out victorious in a set of Federal Circuit decisions Thursday in a patent fight involving Apple Inc., with the appeals court refusing to revive the tech giant's challenges to certain patent claims and reversing the Patent Trial and Appeal Board's invalidation of other claims.

  • August 27, 2026

    Ex-Cannabis Tech Execs Say CEO Defamed Them After Firing

    Two former executives at Alpine IQ Inc. are suing the company and its CEO in Colorado federal court, alleging they were defamed when he falsely accused them of stealing Alpine's intellectual property after he summarily fired them.

  • August 26, 2026

    Chemical Co. Reps Can't Dissolve $1.9M Trade Secret Verdict

    A federal judge on Tuesday rejected a request by three chemical sales representatives to undo a $1.9 million jury verdict for their former employer in a trade secret dispute, ruling that Silver Fern Chemical Inc. clearly demonstrated that they took confidential customer information that was valuable and not readily accessible elsewhere.

  • August 26, 2026

    9th Circ. Panel Won't Revisit Boeing's $72M Trade Secret Loss

    A Ninth Circuit panel has rejected Boeing's bid for a panel rehearing of its August 2025 decision reinstating a $72 million jury verdict for electric jet startup Zunum Aero Inc. in a trade secret dispute, spurning the aerospace giant's fresh argument that the case belongs in the Federal Circuit because of the patent counterclaims involved.

  • August 26, 2026

    Eton's Galzin TM And False Ad Suit Survives Dismissal Bid

    Eton Pharmaceuticals can proceed with trademark infringement and false advertising claims accusing Extreme V of marketing a dietary supplement as a Wilson disease treatment, with a Michigan federal judge finding that Extreme V's defenses and factual challenges could not dispose of the case at the pleading stage.

  • August 26, 2026

    Fla. Judge Trims Claims In Bitcoin ATM Code Theft Suit

    A Florida federal judge allowed most of an Illinois software company's claims of bitcoin ATM source code theft to proceed against its former developer and others, but tossed two counts of conversion after finding the allegations couldn't be sustained. 

  • August 26, 2026

    Squires Institutes 6 Patent Reviews, Rejects 5 Others

    U.S. Patent and Trademark Office Director John Squires has instituted six patent reviews and denied five other requests in his latest round of decisions.

Expert Analysis

  • Opinion

    USPTO Must Address The Right Question In Sanofi Case

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    The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

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