Intellectual Property

  • June 26, 2026

    NC Judge Won't Block Ex-Sales Team's Rival Venture, For Now

    An office technology provider can't block a group of former sales representatives from running a rival business, which it claims they're doing by violating their noncompete agreements and using its trade secrets, after a federal judge said he'd wait until both sides can weigh in.

  • June 26, 2026

    LendingTree Says Broker Cost It Coverage In $90M IP Suit

    LendingTree told a North Carolina federal court that insurance broker Marsh USA botched the handling of a copyright infringement claim brought by a stock photo provider, which has caused the company to lose out on "critical coverage" for a nearly $90 million lawsuit.

  • June 26, 2026

    Google Gets Judge To Block 'Outsider Enterprise' Phishing

    A New York federal judge Friday barred an alleged Chinese cybercrime operation from having its members use Google's Gemini and other artificial intelligence tools to carry out bogus text message scams, saying Google demonstrated that the enterprise has "threatened the security of the internet" through its phishing schemes.

  • June 26, 2026

    Endoscopy Device Maker's Trade Secret Suit Trimmed In Ohio

    An Ohio federal judge has kept alive most of medical equipment supplier Steris' lawsuit claim that a former research and development director stole its intellectual property to form a competitor, but agreed to trim some claims in the case.

  • June 26, 2026

    PTAB Leaders Undo Ax Of Patent From $253M GoDaddy Case

    Top Patent Trial and Appeal Board judges have overturned a panel's decision invalidating claims in a website patent from a $253 million judgment against GoDaddy, saying that after a jury upheld the patent, there was no reason for the board to reach a different validity outcome.

  • June 26, 2026

    DC Circ. Affirms FDA Can Block Norwich's IBS Generic

    The D.C. Circuit on Friday backed the U.S. Food and Drug Administration's lower court win in Norwich Pharmaceuticals' challenge to the agency's refusal to approve an application to bring a generic version of a prescription antibiotic for irritable bowel syndrome to market until 2029.

  • June 26, 2026

    Patent Owner Drops Appeal Of $253M T-Mobile, Ericsson Case

    A patent owner on Friday dropped its appeal in the Federal Circuit seeking to revive a case against T-Mobile and Ericsson in which it had sought $253 million in damages after a jury rejected its claims.

  • June 26, 2026

    Athletes Vow To Fight Magistrate's Third-Party NIL Deal Ruling

    A California federal magistrate judge has rejected a request from a class of college athletes to exempt multimedia rights companies and third-party brand sponsor deals from a landmark $2.78 billion name, image and likeness settlement with the NCAA, a decision the class said Friday it'll appeal to the district judge overseeing the case.

  • June 26, 2026

    NY Times, Other News Orgs Reframe AI Claims In Wake Of Cox

    The New York Times has expanded its suit against Microsoft alleging copyrighted content was used to train artificial intelligence, while trimming some contributory infringement claims in light of the U.S. Supreme Court's Cox ruling, a move that was followed by a group of regional newspapers requesting to do the same.

  • June 26, 2026

    Blue-White Stripes Common Frozen-Treat Decor, TTAB Says

    Ralph's Famous Italian Ices Franchise Corp. cannot register as a trademark the blue-and-white vertical stripe pattern used on its shops, packaging and marketing materials, the Trademark Trial and Appeal Board ruled in a precedential opinion that found the pattern too common in the frozen-dessert, beverage and restaurant fields.

  • June 26, 2026

    Elysium Loses Challenge To Patent After $3.6M Verdict

    A Delaware federal judge found that Elysium Health Inc. has failed to prove that a W.R. Grace vitamin patent that had been tied to a $3.6 million infringement verdict against Elysium is unenforceable.

  • June 26, 2026

    Chicago IP Duo Leave Winston For King & Spalding

    King & Spalding LLP has added two more ex-Winston & Strawn LLP partners who will reunite with 15 former colleagues who joined the firm earlier this year.

  • June 26, 2026

    Discovery Dispute Mounts In Boeing Moon Exploration IP Suit

    A Colorado-based aerospace company is seeking expanded discovery in its ongoing intellectual property suit accusing The Boeing Co. of stealing patented technology for a NASA moon exploration program after repeatedly complaining that the company has failed to meet its duty to provide documents and depositions.

  • June 26, 2026

    Thermostat Patent Case Settles After Fed. Circ. Undid Verdict

    Two home automation companies have settled a case over a thermostat patent after the Federal Circuit undid an $11.5 million jury verdict awarded to one of them and faulted the judge overseeing the trial for using jury forms that collapsed all infringement allegations into a yes-no question.

  • June 26, 2026

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

    The past week in London has seen Michelle Mone sued by PPE Medpro, Broadfield Law sued by the founders of an international aid company, and litigation funder Fortress bring a claim against Edwin Coe and businesses the law firm represented in a cartel claim.

  • June 25, 2026

    Meta Fails To Knock Out BIPA Voiceprint Privacy Claims

    A California federal judge has refused to let Meta Platforms Inc. escape an Illinois woman's proposed class claims that Meta collects "voiceprints" in violation of Illinois' Biometric Information Privacy Act, saying in a ruling unsealed Thursday that whether Meta obtained her voice recordings in a way capable of identifying her was still up for dispute.

  • June 25, 2026

    Baby Carrier Seeks Block Of Rival's 'End-Run' ITC Suit

    A company that manufactures baby carriers asked an Idaho federal judge Thursday to order a rival litigant to withdraw its parallel complaint before the U.S. International Trade Commission, saying the complaint was an attempt at forum shopping and could disrupt the district court case.

  • June 25, 2026

    Judge Tosses Most Of Patent Suit Against Comcast, Peacock

    A Delaware federal court has tossed most of a suit accusing Comcast and its subsidiaries, NBCUniversal and Peacock TV, of offering video streaming and network monitoring services that infringe four patents, allowing one direct infringement claim over one patent to survive.

  • June 25, 2026

    Hyundai Motor Says Jury Had It Right With $2.5M TM Verdict

    Hyundai Motor Co. has asked a California federal judge to reject a request from a computer company called Hyundai Technology for a new trial after a jury awarded the automaker $2.5 million for trademark infringement, saying the technology company was willfully ignoring the many examples of consumer confusion.

  • June 25, 2026

    Attys Urged To Challenge Clients Who Demand AI Research

    A Connecticut federal judge urged attorneys during a Thursday sanctions hearing to push back against clients who demand lawyers use generative artificial intelligence tools to conduct legal research, saying the technology is no substitute for professional judgment and discretion because it "aims to please" and can misstate the law.

  • June 25, 2026

    'Wemby' TM Bid Falsely Suggests NBA Star Link, TTAB Rules

    The Trademark Trial and Appeal Board has rejected an apparel company's bid to register "Wemby," ruling in a precedential opinion that the term falsely suggests a connection with San Antonio Spurs star Victor Wembanyama and, as his nickname, identifies him without his written consent.

  • June 25, 2026

    Inconsistent Positions Led To Apple IPR Denials, Squires Says

    U.S. Patent and Trademark Office Director John Squires said Wednesday he turned back Apple's challenges to patents covering electronics with memory chips because of inconsistencies between the company's arguments before the Patent Trial and Appeal Board and in district court.

  • June 25, 2026

    Trump ITC Commissioner Pick Aims To Accelerate IP Rulings

    One of President Donald Trump's picks to serve as a commissioner for the U.S. International Trade Commission said during a U.S. Senate hearing Thursday that a goal of his would be to work toward a faster timeline for intellectual property rulings.

  • June 25, 2026

    OpenAI, Microsoft Accused Of Scraping Local News Sites

    A group of local news publishers has sued OpenAI and Microsoft claiming their copyrighted news content was improperly scraped from the internet to train the artificial intelligence models ChatGPT and Copilot, adding to a heap of lawsuits accusing tech firms of making illegal use of journalistic work.

  • June 25, 2026

    11th Circ. Revives Cheerleading 'Worlds' Trademark Suit

    The Eleventh Circuit has revived U.S. All Star Federation's lawsuit alleging a rival ripped off the competitive cheerleading organizational body's signature event's name, saying there were factual issues over the nature of the trademarks at issue.

Expert Analysis

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Cos. Must Update Protocols To Protect Trade Secrets From AI

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    A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • At The Fed. Circ., Means-Plus-Function Is Not Quite Dead

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    Recent Federal Circuit opinions confirm that means-plus-function claims continue to be drafted, issued, litigated and even infringed — but minding the restrictions imposed over the years by courts and statute requires three steps, says Jay Yates at Patterson & Sheridan.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Opinion

    USPTO Should Let Inventors Valuate Patents In Prosecution

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    By building patent valuation into the application process, rather than waiting until potential litigation years down the line, the U.S. Patent and Trademark Office would streamline the process for inventors protecting and enforcing their patents, says John Powers at Powers IP.

  • Australia's Computer Patent Ruling Will Aid Global Companies

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    While courts around the world have struggled to articulate a technology-neutral test for patentability of computer-implemented inventions, a recent decision by Australia's top court offers a decisive answer, creating strategic opportunities for overseas applicants, say attorneys at Mallesons.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • What GCs Should Consider Before Tendering TM Litigation

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    When a trademark lawsuit lands on a general counsel's desk, the instinct is to tender it to the insurer, but that model often breaks down in intellectual property litigation, where the stakes extend far beyond defense costs to injunctions, forced rebranding and permanent market constraints, says Bill Wagner at Taft.

  • Adapting To The Shift Toward Ex Parte Patent Challenges

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    As recent U.S. Patent and Trademark Office developments shift the patent challenge landscape, challengers will need to reconsider long-held assumptions about forum selection for validity challenges, and patent owners should prepare to defend against more ex parte filings, say attorneys at Marshall Gerstein.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • 5 Key Questions Attys Should Ask About Statistical Analyses

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    Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

  • USPTO's AI Search Pilot May Reshape Patent Filing Strategy

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    The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

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