Intellectual Property

  • June 05, 2026

    Will WDTX Remain A Patent Fixture Without Albright?

    Whether the Western District of Texas will continue drawing in hordes of patent cases after U.S. District Judge Alan Albright leaves this summer has attorneys torn, given that he's no longer the top patent judge in his district, let alone the country.

  • June 05, 2026

    ITC Opens Patent Probe Of Imported Pickleball Paddles

    The U.S. International Trade Commission announced it is opening an investigation into pickleball paddles made by Franklin Sports and 19 other companies that a Maryland manufacturer alleges violate two of its patents.

  • June 05, 2026

    DLA Piper Adds Ex-ArentFox Schiff Gov't Contracts Lawyer

    DLA Piper LLP has hired a former ArentFox Schiff LLP government contracts partner who throughout his career has advised on multimillion-dollar deals for corporate, private equity and other clients.

  • June 05, 2026

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

    The past week in London has seen the U.K.'s oldest Indian restaurant launch an appeal against King Charles III's property company in an effort to stop its eviction, trustees of a bankrupt former EY tax partner file a claim against his wife, and 37 leading insurers bring a lawsuit against agrichemical company Syngenta over an insurance dispute. Here, Law360 looks at these and other new claims in the U.K.

  • June 04, 2026

    Trump Era Worse Than McCarthy For Speech, Law Dean Says

    The dean of UC Berkeley's law school told an audience of lawyers and artists on Thursday that America is experiencing "an unprecedented assault on the Constitution, on the First Amendment, and on freedom of speech," comparing the country under President Donald Trump unfavorably to the McCarthy era.

  • June 04, 2026

    Generics Cos. Get More Freedom In High Court Patent Ruling

    The U.S. Supreme Court's decision Thursday shutting down a patent case involving a generic heart drug that uses a so-called skinny label establishes a road map for generics companies to avoid such suits and creates hurdles for branded companies pursuing infringement litigation, attorneys say.

  • June 04, 2026

    Amgen Won't Face 'Nonsensical' Rodent Antibody IP At Trial

    A Delaware federal judge has trimmed Harbour Medical's infringement suit against an Amgen unit just days before trial, saying two of the company's mouse antibody patents are indefinite based on a term that "everyone agrees" is "nonsensical."

  • June 04, 2026

    Ex-Football Stars Sue NCAA, Conferences For Lost NIL Pay

    Two college football stars, who went on to play in the NFL, have filed antitrust suits claiming the NCAA, Big Ten and Southeastern conferences exploited them for their abilities while denying them compensation for their names, images and likenesses.

  • June 04, 2026

    Eli Lilly's 'Overbroad' Weight Drug TM Deal Rejected

    A Washington federal judge has refused to sign off on a deal to settle trademark claims brought by Eli Lilly against two Seattle-area medical clinics, saying the associated consent decree was "overbroad" and contained an even more sweeping injunction.

  • June 04, 2026

    Fed. Circ. Seems Iffy On Reversing Atty Fees In Patent Case

    The Federal Circuit didn't seem convinced Thursday morning that it should overturn a lower court's decision to make network testing company Viavi Solutions Inc. pay another company's attorney fees after Viavi unsuccessfully sued it for patent infringement.

  • June 04, 2026

    Judge Trims 2 Patents From Website Incentives Case

    A judge sitting in Delaware federal court has trimmed two out of three patents asserted by engagement agency BI Worldwide against Kobie Marketing Inc. that cover incentives offered by websites, ruling that they did not pass muster under the U.S. Supreme Court's Alice test.

  • June 04, 2026

    Is Pattie Gonna Get Out Of This? Patagonia's IP And PR Pickle

    Patagonia's trademark infringement suit against drag queen and environmental activist Pattie Gonia has caught the attention of both intellectual property attorneys and popular culture aficionados, with lawyers saying the action highlights how IP enforcement and public relations management aren't always in perfect harmony.

  • June 04, 2026

    Al Jazeera Beats DMCA Claim, For Now, In Storm Video Suit

    A California federal judge has dismissed videographers' claim that Al Jazeera falsified copyright attribution on weather footage posted to YouTube, finding the plaintiffs failed to plausibly allege the network acted with intent to facilitate infringement, while giving them a chance to amend their complaint.

  • June 04, 2026

    USPTO Mulling Certain Patent Apps After 'Atypical' Case

    The U.S. Patent and Trademark Office is asking why it should keep reviewing patent applications that would not end up giving their owners rights to assert against alleged infringers, following a Federal Circuit decision in what the appellate court called an "atypical" appeal.

  • June 04, 2026

    Fed. Circ. Invalidates Spinal Implant Patent Claims

    The Federal Circuit on Thursday invalidated patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc. and that had been upheld by the Patent Trial and Appeal Board.

  • June 04, 2026

    JD Power Claims Chime's Bogus '#1' Banking Ads Rip Off TMs

    J.D. Power has hit Chime Financial Inc. with a lawsuit in New York federal court, accusing the fintech company of willfully infringing J.D. Power's trademarks to support a "widespread, multi-channel" deceptive advertising campaign falsely suggesting that the data analytics firm rated Chime "America's #1 Choice for Banking."

  • June 04, 2026

    Fed. Circ. Solidifies Google, Oath Wins In Arendi Patent Suits

    The Federal Circuit on Thursday upheld Google LLC and Oath Holdings Inc.'s wins over Arendi SARL's lawsuits that accused them of infringing various data system patents, agreeing with a Delaware federal court that the patents weren't valid to begin with.

  • June 04, 2026

    Realty Rival, Directors Barred From Poaching Brokerage Staff

    Two former sales directors for a real estate brokerage must stop recruiting former coworkers for a rival company that hired them, North Carolina's business court has said, finding the new employer should also be barred from meddling with more of the brokerage's employment contracts.

  • June 04, 2026

    Ex-Surgeon Agrees To $7.7M Tax Bill From Offshore Scheme

    A retired plastic surgeon reached a $7.7 million settlement with the federal government to resolve an Internal Revenue Service case alleging that he ran an offshore employee leasing scheme, according to an agreement filed in an Ohio federal court.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Judge Won't Rethink Insurer's Duty To Cover Data Center Row

    A California federal judge refused to allow Navigators Specialty Insurance Co. to file a reconsideration motion for a prior ruling that dismissed the insurer's claims in its coverage suit against a client company taken into arbitration over a California data center project.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Supreme Court Shuts Down 'Skinny Label' Drug Patent Suit

    The U.S. Supreme Court on Thursday ended a patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, saying Amarin Pharma Inc. had not plausibly alleged that Hikma encouraged healthcare providers to infringe its patents.

  • June 04, 2026

    AI Co. Midnight Labs Gets Sony Innovation Fund Investment

    Midnight Labs, a Dublin-based artificial intelligence company focused on intellectual property enforcement, announced Thursday it received an investment from the Sony Innovation Fund to expand its software in the U.S. and Japanese markets.

  • June 03, 2026

    CBP Says Stiiizy's New Vape Cartridges Clear Pax Patents

    U.S. Customs and Border Protection has cleared vape company Stiiizy to import its redesigned oil cartridges, ruling they do not violate patents held by rival Pax Labs Inc., despite the competitor having successfully persuaded the U.S. International Trade Commission to block an earlier version of Stiiizy's products.

Expert Analysis

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

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