Intellectual Property

  • August 07, 2026

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

    The past week in London has seen Cleary Gottlieb sue a former client it advised on the proposed sale of a holding company and the continuation of litigation between pharma giants Merck Sharp & Dohme and Merck KGaA over rights to the Merck name in the U.K.

  • August 06, 2026

    USPTO Leaders Reinstate Double Patenting Ax In Sanofi Case

    A panel including U.S. Patent and Trademark Office Director John Squires ruled Thursday that a Sanofi patent application must be rejected for double patenting, but questioned whether the rationale for the decision risks harming innovation and should be reconsidered by the Federal Circuit.

  • August 06, 2026

    OpenAI Fights To Toss Apple's 'Rotten' Trade Secret Theft Suit

    OpenAI urged a California federal judge on Wednesday to toss Apple Inc.'s high-stakes trade secret theft lawsuit, arguing that the claims are premised on false characterizations and speculation, and "Apple's complaint is — to borrow its own phrase — 'rotten to its core.'"

  • August 06, 2026

    Sherwin-Williams Unable To Can Co.'s Fireproof False Ad Suit

    Sherwin-Williams must face claims it falsely advertised its Firetex coating as being able to achieve substantial fire resistance in fewer coats than rival brands' products, causing a competitor's sales to slump, a Missouri federal judge ruled, saying the paint giant's marketing was not mere puffery.

  • August 06, 2026

    NYT, Daily News Blocked From Recasting Some AI Claims

    A New York federal judge shot down bids from the New York Times and New York Daily News to amend their contributory infringement claims against Microsoft Corp. in a suit alleging that copyrighted content was used to train artificial intelligence.

  • August 06, 2026

    Judge Certifies Disney 'Toy Story 3' TM Fight For Appeal

    A California federal judge has certified for interlocutory appeal a ruling refusing to dismiss trademark claims over the "Toy Story 3" character Lotso, saying the long-running case raises an unresolved question about whether corporate affiliates' merchandising can deprive movie distributors of First Amendment protection for a character name used onscreen.

  • August 06, 2026

    Ohio Judge Tosses DSW Suit Against Sony In Copyright Fight

    An Ohio federal judge has tossed shoe retailer DSW's suit seeking an order that it doesn't infringe Sony Music Entertainment's copyrights, finding it was an anticipatory filing that has to yield to Sony's own infringement suit in California.

  • August 06, 2026

    ITC Blocks Altria Infringement Theory In Juul Vape Case

    The U.S. International Trade Commission has upheld a judge's ruling that Altria cannot raise its primary infringement theory in a vape patent case against rival Juul Labs, finding that the issue had already been resolved in a prior case where the ITC cleared Juul on different patents.

  • August 06, 2026

    Judge OKs $35M Teva Deal In Delayed Generic Inhalers Suit

    A Massachusetts federal judge has approved an antitrust settlement that will see Teva Pharmaceuticals pay $35 million to resolve claims that it schemed to delay generic competition for its QVAR asthma inhalers.

  • August 06, 2026

    2025 Patent Litigation: A Year In Review

    The number of patent infringement lawsuits soared in 2025 as patent owners saw their fortunes change at the Patent Trial and Appeal Board, where petitioners filed significantly fewer America Invents Act challenges. Meanwhile, most patent infringement suits were brought in the Eastern District of Texas, which had considerably more filings than the Western District.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Deal Reached In Jump Starter Patent Case On Eve Of Trial

    A settlement was reached in The Noco Co.'s patent suit against Winplus North America Inc. over portable battery jump starters that was set for trial on Friday, but Noco told the court Wednesday that it still intends to appeal a summary judgment ruling in the case.

  • August 05, 2026

    Takeda Says Rebates, Subsidies Cut $885M IBS Drug Verdict

    Takeda Pharmaceuticals battled with a class of health plans over whether a Massachusetts federal jury's $885 million antitrust verdict against the drugmaker for conspiring to delay generic competition to anticonstipation drug Amitiza should be reduced by rebates the drugmaker paid and Medicare subsidies that reduced the health plans' costs.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Judge Tosses 'Free' Wi-Fi Calling Fraud Claim Against Carriers

    A D.C. federal judge blasted a Wi-Fi-calling patent holder's antitrust and RICO suit against the major telecom carriers in court Wednesday, dismissing claims that the carriers misled consumers about their Wi-Fi calling offerings, but he did give the plaintiff a chance to refile its antitrust complaint.

  • August 05, 2026

    Shipcom Says Navy Sub Worked Outside Approved Orders

    Shipcom Federal Solutions LLC asked a Texas federal court to toss a lawsuit seeking to recover nearly $4.6 million for products and services delivered for a U.S. Navy project, saying its subcontractor is attempting to escape responsibility for its own actions.

  • August 05, 2026

    Graphic Designer Agrees To End $31M Brewery Logo Suit

    A long-running dispute over the ownership of Atlanta-based SweetWater Brewing's leaping trout logo came to an end Wednesday, with the logo's creator agreeing to drop his suit alleging the brewery continued using it without permission after a $366 million acquisition by Aphria Inc. in 2020.

  • August 05, 2026

    Judge Backs Magistrate Judge's Order On 3rd-Party NIL Deals

    A California federal judge said she won't reverse a magistrate judge's decision rejecting a bid by college athletes seeking to limit oversight of third-party name, image and likeness deals under their landmark $2.78 billion class settlement with the NCAA.

  • August 05, 2026

    Aetna, Others Hit Pharma Cos. With Xifaxan Pay-To-Delay Suit

    Health insurance companies Aetna Inc., Health Care Service Corp. and Molina Inc. have sued multiple pharmaceutical companies in Pennsylvania state court in Pittsburgh, alleging that the defendants conspired to delay the release of generic versions of the irritable bowel syndrome drug Xifaxan, in violation of antitrust laws.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef

    A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."

  • August 05, 2026

    Revive Rx Can't End Eli Lilly's Suit Over Tirzepatide Drugs

    A Texas federal judge has denied Revive Rx's bid to end Eli Lilly and Co.'s remaining unfair competition claims over the compounding pharmacy's sales of allegedly unapproved tirzepatide weight loss drugs that Eli Lilly says compete with Mounjaro and Zepbound, rejecting Revive's argument that compounded drugs fall outside state "new drug" laws.

  • August 05, 2026

    PTAB Filings Crashed After Squires And Stewart's Shake-Ups

    The number of America Invents Act filings with the Patent Trial and Appeal Board cratered at the end of 2025 after the U.S. Patent and Trademark Office enacted policies that made the petitions a disfavored route for challenging patents, according to a new report.

Expert Analysis

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

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