Intellectual Property

  • October 02, 2026

    Full Fed. Circ. Won't Review NPE Marking, Ramey Sanctions

    The Federal Circuit on Friday said it won't rethink its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, nor its denial of patent attorney William Ramey's appeal of sanctions against him at a lower court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    Consulting Firm Says Author's Copying Suit Lacks Details

    A farm credit consulting firm asked a Colorado federal court to toss a suit brought by a leadership author who alleges the company launched a training program based on his copyrighted books, arguing the copyright claim is too vague and the state law claims are preempted.

  • October 02, 2026

    Judge Says Rooftop Biz Cubs Ticket Sales Going, Going Gone

    An Illinois federal judge granted the Chicago Cubs' bid for a permanent injunction barring the Wrigley View rooftop business from selling tickets to watch the team's baseball games or using its trademarks without permission.

  • October 02, 2026

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

    The past week in London has seen former West Ham United co-chair David Sullivan file a defamation claim against the BBC, British rock band Oasis sue its former sound engineer to halt an auction of recordings, and Home REIT sued by its shareholders for misleading statements about the company's portfolio.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    Novartis Can't Dodge Hedge Fund Trade Secrets Suit

    A New York federal judge has denied Novartis' bid to toss an investment management firm's lawsuit accusing the pharmaceutical company and others of helping the firm's former chief investment officer steal confidential investment strategies to launch a rival hedge fund, saying the firm's trade secret claims had enough detail to withstand dismissal.

  • October 01, 2026

    Albright Tells Inventors That Attys Should Talk A Lot Less

    Former U.S. District Judge Alan Albright told attendees at a US Inventor conference Thursday that litigators should speak less in jury trials, while current and former U.S. Patent and Trademark Office leadership highlighted the agency's overhaul to patent challenges and touted its reduction of the backlog.

  • October 01, 2026

    Bipartisan Legislation Floated To Fight Foreign-Website Piracy

    The two chambers of Congress have introduced related legislation that would allow U.S. courts to direct internet service providers to block foreign criminal and piracy sites within the U.S.

  • October 01, 2026

    Apple Says YouTube's Bad Protections Doom AI Scraping Suit

    Apple urged a California federal judge Thursday to toss a proposed class action brought by YouTube creators alleging it violated the Digital Millennium Copyright Act's anti-circumvention provisions by scraping copyrighted videos to train its AI tools, arguing there was no circumvention and any access controls fell outside the DMCA because they were "ineffective."

  • October 01, 2026

    OpenAI Loses $1M Fee Award After Defeating SpaceXAI Suit

    A California federal judge on Wednesday rejected OpenAI's request for $1 million in attorney fees after the company defeated a trade secrets suit from SpaceXAI, ruling that although Musk's artificial intelligence company's allegations ultimately fell short, they weren't objectively specious.

  • October 01, 2026

    Fate Of Patent Awards Over $1B Shows Hurdles In Apple Case

    Taction Technology Inc. has secured the largest patent damages verdict in history with a $5.7 billion win against Apple Inc., but it may face an uphill battle to collect, since nearly every previous patent judgment over $1 billion was later reduced or overturned.

  • October 01, 2026

    Google Beats Online Publishers' AI Overviews Antitrust Suit

    A D.C. federal judge on Wednesday dismissed antitrust suits from Chegg Inc. and Penske Media Corp. against Google, finding that their central claims that the search engine giant coerces publishers into supplying free content for its artificial intelligence products "fail to get out of the starting gate." 

  • October 01, 2026

    Fed. Circ. Won't Rethink Vacating Contractor's $12.7M Award

    The Federal Circuit said Thursday it won't disturb a unanimous three-judge panel's decision vacating a roughly $12.7 million award a software developer won against the federal government over unauthorized software copies, denying a panel rehearing and rehearing en banc.

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    Liquidia's Yutrepia Found To Infringe Lung Treatment Patent

    A Delaware federal judge has ruled that Liquidia was infringing two claims of a patent covering methods of treating pulmonary hypertension associated with interstitial lung disease by seeking approval to market the drug Yutrepia.

  • October 01, 2026

    Northwestern's IP License With Feds Doesn't Protect Moderna

    Moderna Inc. has lost its attempt to escape Northwestern University's patent infringement suit over COVID-19 vaccinations by citing the university's patent licensing agreement with Moderna's customer — the federal government.

  • October 01, 2026

    Bill Withers' Estate Sues Capitol, UMG Over Olivia Dean Song

    Capitol Records, Universal Music Group, Sony and others were sued Thursday in California federal court by the late R&B and soul singer Bill Withers' music publisher, which accused them of infringing the melody of his song "Just the Two of Us" for Olivia Dean's song "I've Seen It."

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Janssen Secures Temporary Block Against Arthritis Biosimilar

    A Delaware federal judge has blocked Accord BioPharma from manufacturing a biosimilar version of Janssen's arthritis treatment Simponi while the Johnson & Johnson unit's patent lawsuit plays out.

  • October 01, 2026

    Judge Tosses Infringement Claims Against Baseball Critic

    A New York federal judge dismissed some trademark and copyright infringement claims that Cooperstown Dreams Park had lodged against a YouTuber who mocked its youth baseball facility as a place where youngsters' big league ambitions "go to die."

  • October 01, 2026

    Snell & Wilmer Nabs IP Pro In California From Morgan Lewis

    Snell & Wilmer announced Thursday it has hired a former Morgan Lewis & Bockius attorney to join its intellectual property group, with a focus on life sciences and technology. 

  • October 01, 2026

    Mich. Court Tosses Copyright Suit Against NBA's Pelicans

    An artist who has accused the NBA's New Orleans Pelicans of copyright infringement for imitating his works' "signature style" in social media posts failed to establish how the team's conduct was connected to Michigan, a Michigan federal court ruled, granting dismissal. 

Expert Analysis

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

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    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

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    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

  • Generic Drugs Do Not Reach Patients Sooner In The EU

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    Although the U.S. and European Union take very different approaches to patents, regulatory exclusivities and drug pricing, data shows that the effective market life for brand-name drugs is essentially the same in both jurisdictions, says Margaret Kyle at Mines Paris.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

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