Intellectual Property

  • August 20, 2026

    USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

  • August 20, 2026

    Judge Tosses Sports Scoring System Patent Case

    A Florida federal judge has dismissed a suit by a man who claimed his co-inventor on a patent covering a method for scoring sports games conspired to remove his name from inventorship, saying no actual consequences of having his name removed were alleged.

  • August 20, 2026

    Snap Must Face YouTube Creators' DMCA AI Scraping Suit

    A California federal judge has denied a bid from the company that owns video-messaging app Snapchat to escape allegations from a group of YouTube creators that their content was illegally ingested to train artificial intelligence, saying the YouTubers had sufficiently laid out how users encounter measures meant to protect videos.

  • August 20, 2026

    Latest Squires Order Grants 2 Patent Petitions, Denies None

    U.S. Patent and Trademark Office Director John Squires has issued a brief bulk order instituting a pair of America Invents Act petitions, including a Google challenge to a Valtrus Innovations patent, and saying he would assess the merits of four other patent challenges.

  • August 20, 2026

    Estee Lauder's TM Suit 'Full Of Detail,' Judge Tells Walmart

    A California federal judge said Thursday he is skeptical of Walmart's motion to dismiss much of Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, saying he is unsure the pleadings are inadequate at this stage because he found them "chock full of detail."

  • August 20, 2026

    Motorola Wants Rival Hytera's Latest Radio Added To IP Fight

    Motorola Solutions Inc. is looking to expand its mobile radio fight against Chinese rival Hytera Communications with allegations targeting the H-Series radio Hytera has already been held in contempt for developing with too much stolen source code following its initial multimillion-dollar trade secret trial loss.

  • August 20, 2026

    CREXi Drops 9th Circ. Challenge To Quinn Emanuel DQ

    Property listing company Commercial Real Estate Exchange Inc. has moved to dismiss its own Ninth Circuit mandamus petition, which challenged a lower court's disqualification of CREXi's counsel, Quinn Emanuel Urquhart & Sullivan LLP, from a legal battle against rival CoStar.

  • August 20, 2026

    Patent Holders Sue Data Center Co. Over Cooling Tech

    Two Irish patent-holding companies have accused Sabey Data Center Properties LLC in Virginia federal court of using data center cooling technology in a way that infringes their patents.

  • August 20, 2026

    Rising Star: Tyz Law Group's Ciara McHale

    Ciara McHale of Tyz Law Group PC helped Moonbug Entertainment Ltd. win a $17.7 million copyright verdict, plus high praise from the judge, and secured a complete defense victory for Fandom in a case involving Digital Millennium Copyright Act takedown requests — earning her a spot among the intellectual property attorneys under the age of 40 honored by Law360 as Rising Stars.

  • August 20, 2026

    Aerospace Co. Ends 'Copycat' Trade Secrets Suit

    A Colorado state judge has dismissed a suit by an aerospace and defense manufacturer accusing its former business consultants of using confidential information to create a "copycat" rival.

  • August 19, 2026

    Firms Cut From $101M Anthropic Atty Fees Appeal To 9th Circ.

    Two law firms involved in securing artificial intelligence company Anthropic's $1.5 billion copyright settlement with a class of authors and publishers are appealing to the Ninth Circuit an order excluding them from attorney fees awarded to court-appointed class counsel.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Fed. Circ. Backs PTAB's Ax Of 10x Genomics Patent Claims

    The Federal Circuit declined Wednesday to save claims in a trio of 10x Genomics patents covering nucleic acid analysis methods, affirming decisions from the Patent Trial and Appeal Board that sided with Parse Biosciences Inc.'s obviousness challenges to the claims.

  • August 19, 2026

    Pro-Business Foundation Backs J&J's Stelara Antitrust Win

    Insurer CareFirst's bid to revive an antitrust lawsuit against Johnson & Johnson over its acquisition of patents affecting competitors would throw cold water over drug company mergers, burden government regulators and strip the issue of intent out of antitrust enforcement, according to an amicus brief filed by the Washington Legal Foundation.

  • August 19, 2026

    Polsinelli Can't Rep Doctor In 'Bad Faith' IP Suits, Cos. Say

    Two medical device companies suing Polsinelli PC and its longtime client, a patent-holding doctor, for allegedly pursuing "bad faith" infringement claims asked federal courts in Tennessee and Mississippi to disqualify the firm from defending the doctor in the lawsuits, citing their "diverging interests and liabilities."

  • August 19, 2026

    Netflix Hit With Band's TM Suit Over 'KPop Demon Hunters'

    Christian heavy metal band Demon Hunter is accusing Netflix in California federal court of infringing its marks for the streaming platform's hit animated musical "KPop Demon Hunters," saying the movie's brand has already caused confusion among consumers and is pushing the long-running band's identity into obscurity.

  • August 19, 2026

    Papa Johns Can't Avoid Arbitration In Fight With Franchisee

    A dispute between Papa John's International and a franchisee it accused of breaking his franchise agreement must be paused until an arbitrator decides whether the claims belong in arbitration, a Kentucky federal judge has ruled, delivering a blow to the pizza company trying to keep its claims in court.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    OpenAI Opposes Early Discovery In Apple Trade Secret Suit

    OpenAI and two of its employees have asked a California federal court to reject Apple's bid for expedited discovery in its trade secret lawsuit accusing OpenAI of using former Apple employees to obtain confidential information, arguing that discovery will begin soon enough.

  • August 19, 2026

    Bradley Arant Adds SCP Health In-House Vet In Atlanta

    Bradley Arant Boult Cummings LLP has added the senior vice president and associate general counsel of healthcare company SCP Health to its Atlanta office, strengthening the firm's healthcare practice.

  • August 19, 2026

    Rising Star: Fenwick's Jon McMichael

    Jon McMichael of Fenwick & West LLP helped Lashify secure a $34 million patent verdict and a Federal Circuit decision that overturned decades-long International Trade Commission precedent, and won a landmark ruling that reshaped where patent lawsuits may be filed, earning him a spot among the intellectual property attorneys under 40 honored by Law360 as Rising Stars.

  • August 18, 2026

    Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit

    A California federal judge Tuesday granted Lady Gaga's bid to toss a surf and lifestyle brand's lawsuit accusing her of infringing a "Mayhem" mark on her merchandise, saying the brand failed to sufficiently allege that the pop star's use of the mark explicitly misled consumers.

  • August 18, 2026

    Feds Bring New Charges Over $3.4B Iran-Backed Cybertheft

    Manhattan federal prosecutors on Tuesday announced new charges against a group of Iranians accused of running a global, state-backed hacking campaign against private companies, government agencies and universities, in a wide-ranging cybertheft conspiracy that stole at least $3.4 billion in academic data and intellectual property.

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Boeing Is Pressed For Financial Records In NASA IP Row

    Wilson Aerospace LLC asked a Washington federal judge to compel the Boeing Co. Inc. to turn over financial materials and other documents that have information relevant to their dispute over technology used in NASA's moon program.

Expert Analysis

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Defense Patent Holiday's Real Prize May Be Collab Potential

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    The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 10 US Patent Pressure Points For EU Life Sciences Cos.

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    U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

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