Intellectual Property

  • September 16, 2026

    Birkenstock Rival Can't Stomp Out Shoe IP Suit Before Trial

    A Massachusetts federal judge refused Wednesday to grant White Mountain a partial win on Birkenstock's infringement claims in a fight over shoe designs, finding that there are too many factual disputes to determine on summary judgment whether Birkenstock waited too long to sue, so the case must be tried.

  • September 16, 2026

    Goldman Unit Funded Compass Lexecon Raid, Suit Says

    FTI Consulting Inc. and its subsidiary Compass Lexecon have asked a Maryland federal judge to add a Goldman Sachs unit to a long-running suit alleging two former Compass Lexecon employees broke away from the firm and founded a competitor that unlawfully poached clients and talent from the FTI subsidiary using capital from Goldman.

  • September 16, 2026

    New Balance Sues Decathlon Over Kiprun Sneakers 'K' Design

    New Balance hit Decathlon America LLC with a trademark infringement lawsuit over a new line of Kiprun running shoes, with the Boston-based company telling a Massachusetts federal court that the Kiprun design is "virtually identical" to the famous "N" New Balance logo.

  • September 16, 2026

    NFL Players Union Settles Trading Card Licensing Dispute

    The National Football League Players Association has reached a settlement with a Texas-based trading card manufacturer accused of producing and selling NFL-themed trading cards featuring players' likenesses without a license from the union, according to an order filed in Virginia federal court.

  • September 16, 2026

    American Eagle Accused Of Infringing 'Overslept' TM

    A New York sleepwear company sued American Eagle on Wednesday over claims of trademark infringement after the apparel giant launched a line of sleepwear called "Overslept," a trademark that is already registered by the plaintiff.

  • September 16, 2026

    Calif. AI Law Requires Ads To Disclose 'Synthetic Performers'

    Advertisements shown in California that feature artificial intelligence-generated actors must explicitly disclose that such "synthetic performers" were used under a new SAG-AFTRA-backed bill that California Gov. Gavin Newsom signed into law Wednesday.

  • September 16, 2026

    Software Execs Sank Nike Deal Before Joining Rival, Suit Says

    Event software company JRNI Inc. says two former executives conspired to steer its biggest client, Nike, to a rival, then left to join that competitor, according to a complaint filed Tuesday in Massachusetts state court. 

  • September 16, 2026

    Newman Saga Prompts Bill To Limit Judicial Suspensions

    The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

  • September 16, 2026

    Tesla, SpaceX Say Terafab Plant Doesn't Infringe Startup's TM

    Tesla and SpaceX asked a Texas federal judge to find their planned "Terafab" semiconductor manufacturing facility doesn't infringe nanotechnology startup TERA-print's marks, arguing in a declaratory judgment action Tuesday the likelihood of confusion is "vanishingly small" as the parties' products, clients and commercial contexts are completely different. 

  • September 16, 2026

    9th Circ. Backs OpenAI, Microsoft Win Over Source Code Suit

    The Ninth Circuit on Wednesday affirmed the dismissal of a case brought by a group of anonymous programmers who accused OpenAI and Microsoft of taking source code from public repositories on GitHub, ruling that the programmers had not sufficiently put the court on notice that they wished to pursue a theory related to artificial intelligence inputs.

  • September 16, 2026

    Apple, Google, Samsung Face New ITC Probe Over Audio IP

    The U.S. International Trade Commission on Wednesday said it will review BoomCloud 360's claims that Google, Apple and Samsung have imported electronic devices that infringe a trio of patents owned by the spatial audio technology company.

  • September 16, 2026

    EOFlow Says Fed. Circ. Right To Ax $59M Trade Secret Verdict

    EOFlow Co. Ltd. says the Federal Circuit shouldn't rethink a panel's decision allowing it to escape a $59.4 million trade secret judgment, saying insulin product developer Insulet Corp. is trying to dress up factual disputes as issues needing the full court's attention.

  • September 16, 2026

    Michael Best Combines With NY-Based Kane Kessler

    Michael Best & Friedrich LLP announced Wednesday that it is combining with New York-based firm Kane Kessler PC, adding 36 attorneys and a Big Apple presence to a firm that ranked 143rd on Law360's list of the nation's largest law firms.

  • September 16, 2026

    Joe Gibbs Racing Accuses Ex-Director Of Defying Injunction

    Joe Gibbs Racing's former competition director has continued to do work for another NASCAR team that mimics his old job duties in violation of court orders restricting his employment responsibilities, the superteam has alleged in a bid to have him and his new employer held in civil contempt.

  • September 16, 2026

    Bristol-Myers Looks To Block Amgen's Cancer Biosimilar

    Bristol-Myers Squibb Co. has sued rival Amgen Inc., seeking a court order blocking the manufacture of a biosimilar to the cancer drug Opdivo while patent rights on the drug's makeup remain in force.

  • September 15, 2026

    Fed. Circ. Denies Injunction In Firearm Trigger IP Suit

    A Wyoming federal judge properly denied Rare Breed's attempt to enjoin a rival firearms company's sales while litigating a patent infringement and false advertising suit, the Federal Circuit said Tuesday.

  • September 15, 2026

    Anthropic, CEO Ask Judge To Narrow Music Publisher IP Suit

    Anthropic and its CEO, Dario Amodei, have urged a California federal court to carve off parts of a $3 billion copyright infringement lawsuit lodged by major music publishers, taking issue with their claims against Amodei and their arguments about chatbot outputs.

  • September 15, 2026

    Lego Accused Of Infringing Interactive Toy Patents

    An Israeli patent owner on Tuesday hit Lego with a lawsuit in Texas federal court accusing the toymaker's Smart Play interactive building system of infringing patents covering motion-sensitive toys that communicate wirelessly and respond with lights and sounds.

  • September 15, 2026

    College Sports Overhaul Looms Closer After Senate Vote

    The U.S. Senate on Tuesday advanced a bill that would impose sweeping regulations on college sports, teeing up a lively legislative debate as the NCAA looks to ward off a wave of antitrust lawsuits.

  • September 15, 2026

    Databricks, Authors Trade Jabs Over Use Of Books To Train AI

    Artificial intelligence firm Databricks and a group of authors suing for copyright infringement are trading arguments over why a California federal court should rule their way on the issue of whether using books to train AI can count as fair use.

  • September 15, 2026

    Takeda Can't Decertify Amitiza Class After $885M Jury Loss

    A Massachusetts federal court refused Takeda's request to decertify a class of Amitiza buyers, after a jury awarded groups of purchasers a total of $885 million for claims that the drugmaker conspired to delay the launch of a rival generic version of the anti-constipation drug.

  • September 15, 2026

    Fed. Circ. Keeps Samsung, Apple Wins Over Alt Browser IP

    The Federal Circuit on Tuesday issued a one-word order backing Patent Trial and Appeal Board decisions that invalidated claims in patents covering ways to access the internet without a browser, declining to take on the patent owner's challenge to the board's obviousness determinations.

  • September 15, 2026

    UMG Says DistroKid Is Copyright-Infringing 'AI-Slop Pipeline'

    UMG Recordings sued music distributor DistroKid in Delaware federal court Tuesday, calling it an "AI-slop pipeline" that uses copyright infringement and deceptive practices to flood popular streaming platforms with mass-generated artificial intelligence content.

  • September 15, 2026

    Army Accused Of Copying Self-Defense Training Manuals

    A martial arts instructor has accused the U.S. Army, in a Court of Federal Claims lawsuit, of intentionally using his copyrighted training manuals covering self-defense and strategic gun-fighting tactics for law enforcement officers without his permission or compensation.

  • September 15, 2026

    ITC To Eye Part Of Judge's Decision In Medical Dilation Row

    The full U.S. International Trade Commission is set to look at parts of an agency judge's ruling in favor of medical technology company Stryker Corp. in a fight against imports it said infringed its patents on balloon dilation products used in ear, nose and throat procedures.

Expert Analysis

  • Protecting Biotech Innovation In The Platform Knowledge Era

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    Following the U.S. Food and Drug Administration's recent shift toward leveraging prior and platform knowledge in biotechnology, companies should protect their innovations by guarding against obviousness challenges and treating the entire development pipeline as a source of patentable innovation, says Aisha Hasan at Barnes & Thornburg.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • The Risks And Rewards Of 3 Patent Review Pilot Programs

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    The U.S. Patent and Trademark Office's new pilot programs seek to reduce the patent examination backlog by offering opportunities for faster review, but applicants should proceed carefully to avoid an application losing its accrued patent term adjustment award — or being involuntarily abandoned, says David Gass at Marshall Gerstein.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

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    In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Quantifying Damages In Product Launch Delay Allegations

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    In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Protecting Quantum Innovation As The Sector Commercializes

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    As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

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