Intellectual Property

  • October 02, 2026

    4 Mass. Rulings You May Have Missed In September

    Massachusetts judges last month rejected a cannabis company's legal malpractice case, chastised an insurance brokerage over long-delayed discovery, and found that an insurance company had lowballed the owners of a multimillion-dollar Berkshires home after a fire.

  • October 02, 2026

    Sony's PS5, Headphones Infringe Voice-Control IP, AI Co. Says

    Artificial intelligence company Cerence sued Sony in Texas federal court Thursday, accusing it of infringing speech recognition and voice-control technology patents with its Sony PlayStation 5 and noise-cancelling headphones.

  • October 02, 2026

    Starbucks Can't Exit Fight Over Union Trademarks

    A Pennsylvania federal judge on Friday denied Starbucks Corp.'s bid to escape a lawsuit from a union representing over 12,000 Starbucks workers seeking a declaration the union can continue using Starbucks' logo and name, saying the union had done enough to show an actual controversy exists to be litigated.

  • October 02, 2026

    Judge Clevenger Retires After 36 Years On Fed. Circ.

    U.S. Circuit Judge Raymond C. Clevenger III has retired from the Federal Circuit, 20 years after taking senior status, the court announced Friday.

  • October 02, 2026

    Fed. Circ. Affirms Corteva Unit IP Loss Days After Inari Deal

    The Federal Circuit on Friday refused to revive a patent owned by a unit of a DowDuPont spinoff covering a plant gene resistant to weed killers, agreeing with the Patent Trial and Appeal Board's determination that it wasn't enabled.

  • October 02, 2026

    Full Fed. Circ. Won't Review NPE Marking, Ramey Sanctions

    The Federal Circuit on Friday said it won't rethink its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, nor its denial of patent attorney William Ramey's appeal of sanctions against him at a lower court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    Consulting Firm Says Author's Copying Suit Lacks Details

    A farm credit consulting firm asked a Colorado federal court to toss a suit brought by a leadership author who alleges the company launched a training program based on his copyrighted books, arguing the copyright claim is too vague and the state law claims are preempted.

  • October 02, 2026

    Judge Says Rooftop Biz Cubs Ticket Sales Going, Going Gone

    An Illinois federal judge granted the Chicago Cubs' bid for a permanent injunction barring the Wrigley View rooftop business from selling tickets to watch the team's baseball games or using its trademarks without permission.

  • October 02, 2026

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

    The past week in London has seen former West Ham United co-chair David Sullivan file a defamation claim against the BBC, British rock band Oasis sue its former sound engineer to halt an auction of recordings, and Home REIT sued by its shareholders for misleading statements about the company's portfolio.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October Term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    Novartis Can't Dodge Hedge Fund Trade Secrets Suit

    A New York federal judge has denied Novartis' bid to toss an investment management firm's lawsuit accusing the pharmaceutical company and others of helping the firm's former chief investment officer steal confidential investment strategies to launch a rival hedge fund, saying the firm's trade secret claims had enough detail to withstand dismissal.

  • October 01, 2026

    Albright Tells Inventors That Attys Should Talk A Lot Less

    Former U.S. District Judge Alan Albright told attendees at a US Inventor conference Thursday that litigators should speak less in jury trials, while current and former U.S. Patent and Trademark Office leadership highlighted the agency's overhaul to patent challenges and touted its reduction of the backlog.

  • October 01, 2026

    Bipartisan Legislation Floated To Fight Foreign-Website Piracy

    The two chambers of Congress have introduced related legislation that would allow U.S. courts to direct internet service providers to block foreign criminal and piracy sites within the U.S.

  • October 01, 2026

    Apple Says YouTube's Bad Protections Doom AI Scraping Suit

    Apple urged a California federal judge Thursday to toss a proposed class action brought by YouTube creators alleging it violated the Digital Millennium Copyright Act's anti-circumvention provisions by scraping copyrighted videos to train its AI tools, arguing there was no circumvention and any access controls fell outside the DMCA because they were "ineffective."

  • October 01, 2026

    OpenAI Loses $1M Fee Award After Defeating SpaceXAI Suit

    A California federal judge on Wednesday rejected OpenAI's request for $1 million in attorney fees after the company defeated a trade secrets suit from SpaceXAI, ruling that although Musk's artificial intelligence company's allegations ultimately fell short, they weren't objectively specious.

  • October 01, 2026

    Google Beats Online Publishers' AI Overviews Antitrust Suit

    A D.C. federal judge on Wednesday dismissed antitrust suits from Chegg Inc. and Penske Media Corp. against Google, finding that their central claims that the search engine giant coerces publishers into supplying free content for its artificial intelligence products "fail to get out of the starting gate." 

  • October 01, 2026

    Fed. Circ. Won't Rethink Vacating Contractor's $12.7M Award

    The Federal Circuit said Thursday it won't disturb a unanimous three-judge panel's decision vacating a roughly $12.7 million award a software developer won against the federal government over unauthorized software copies, denying a panel rehearing and rehearing en banc.

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    Liquidia's Yutrepia Found To Infringe Lung Treatment Patent

    A Delaware federal judge has ruled that Liquidia was infringing two claims of a patent covering methods of treating pulmonary hypertension associated with interstitial lung disease by seeking approval to market the drug Yutrepia.

  • October 01, 2026

    Northwestern's IP License With Feds Doesn't Protect Moderna

    Moderna Inc. has lost its attempt to escape Northwestern University's patent infringement suit over COVID-19 vaccinations by citing the university's patent licensing agreement with Moderna's customer — the federal government.

  • October 01, 2026

    Bill Withers' Estate Sues Capitol, UMG Over Olivia Dean Song

    Capitol Records, Universal Music Group, Sony and others were sued Thursday in California federal court by the late R&B and soul singer Bill Withers' music publisher, which accused them of infringing the melody of his song "Just the Two of Us" for Olivia Dean's song "I've Seen It."

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

Expert Analysis

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Opinion

    Clancy Trial Shows Need For Juror Anonymity Reforms

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    Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • First Steps For Companies Facing AI-Assisted Pro Se Suits

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    As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.

  • Beware Daubert Pitfalls With Technical Experts In Patent Suits

    Recent decisions on Daubert motions in patent cases show that courts will exclude expert testimony that lacks a solid factual or methodological foundation, regardless of the expert's credentials — underscoring the importance of demonstrating reliability, say attorneys at Steptoe.

  • Wireless Patent Suits Offer Lessons For Data Center Industry

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    As the data center patent litigation wave begins to crest, the industry can gain insight into what's to come by looking to the wireless and telecommunications industries, giving operators and suppliers concrete reasons to revisit their agreements and establish clear allocations of patent risk, say attorneys at Baker Botts.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • What Greek Tragedy Teaches About Mediating AI Disputes

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    While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and familiar questions for mediators dealing with artificial intelligence disputes, including the functional differences between adjudication and resolution, says Giuseppe De Palo at JAMS.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • And Now A Word From The Panel: Accessing Key MDL Data

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    As the Judicial Panel on Multidistrict Litigation convenes for its September hearing session, it is useful to examine the treasure trove of historical and statistical information about MDLs past and present that the panel makes available to the public on its own website, says Alan Rothman at Sidley Austin.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

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