Intellectual Property

  • September 28, 2026

    News Groups Call Out DOJ's Backing Of Fair Use In AI Fight

    A group of news organizations including The New York Times responded Monday to a letter of interest from the government supporting the view that artificial intelligence companies' use of copyrighted material for training counts as fair use, saying it was inconsistent with the views of the U.S. Copyright Office and the facts of the case.

  • September 28, 2026

    WordPress Parent Ducks Extortion But Not Antitrust Claims

    A California federal judge issued a mixed ruling last week in the two-way fight between WordPress parent Automattic and web hosting company WPEngine, dismissing digital extortion claims against Automattic while preserving WPEngine's antitrust allegations, and preserving Automattic counterclaims of trademark infringement but dismissing false advertising accusations.

  • September 28, 2026

    Most Of Artist's Suit Over Lego 'Queer Eye' Jacket Survives

    A Connecticut federal judge has refused to toss copyright claims in a suit accusing Lego of ripping off a leather jacket designer's work after it appeared on the Netflix show "Queer Eye," but agreed that a trade dress claim had to go.

  • September 28, 2026

    NASCAR Team Says Docket Error Doesn't Warrant Default

    Joe Gibbs Racing has asked a North Carolina federal judge not to hand its former competition director and his current NASCAR team an entry of default over an inadvertently missed deadline, arguing it has so far participated fully in the litigation.

  • September 28, 2026

    Judge Cuts Patent Claims Against Volvo Over Payment Data

    A Delaware federal judge has knocked out claims that a division of Volvo infringed a digital payment hub patent owned by ModoPayments, but kept alive the lawsuit's copyright infringement claims.

  • September 28, 2026

    Del. High Court Adds To Vet Patent Indemnity, Strikes Interest

    The Delaware Supreme Court has issued a mixed ruling in a veterinary implant patent dispute, holding a company's founder liable for his share of a $9.8 million license and about $2.4 million more in defense fees while striking millions in prejudgment interest he had been ordered to pay.

  • September 28, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week heard arguments over whether to dismiss a derivative suit accusing UiPath Inc. insiders of misleading investors and trading on inside information, while a Match Group Inc. stockholder sued for records concerning reports of sexual assault and other violence involving users of the company's dating apps.

  • September 28, 2026

    FTC Touts 'Dismantling' Of Corteva's Pesticide Rebates

    The Federal Trade Commission on Monday touted its new settlement with Corteva Inc. for severely constricting the pesticide company's ability to pay distributors a loyalty rebate in exchange for limiting sales of cheaper generics, the latest in a string of agreements Trump-era antitrust enforcers have struck ending existing claims.

  • September 28, 2026

    Seed Patent Dispute Settles 3 Days Into Trial

    Corteva Agriscience and Inari Agriculture Inc. have settled a seed intellectual property dispute three days into a Delaware federal trial over whether the latter infringed three patents and misappropriated seed samples.

  • September 28, 2026

    Burford Eyes $1.4B Of $5.7B Patent Trial Verdict Against Apple

    Burford Capital said it is entitled to $1.4 billion of last week's historic $5.7 billion patent infringement jury verdict against Apple, but the litigation funder cautioned Monday that the massive payday could still evaporate on appeal.

  • September 25, 2026

    Perplexity Stole Wake-Word Tech For AI Assistant, Suit Alleges

    Perplexity AI absconded with proprietary technology to create a wake-word system for its artificial intelligence assistant, a Swiss startup alleges in a trade secrets misappropriation lawsuit filed in California federal court in San Francisco.

  • September 25, 2026

    Fed. Circ. Backs Nixing Of Speech Patent In 'Hey Siri' Dispute

    The Patent Trial and Appeal Board was right to fully invalidate a speech recognition patent that Apple stands accused of infringing, the Federal Circuit held Friday.

  • September 25, 2026

    Teva, Apotex Don't Infringe Sleep Drug Patents, Judge Finds

    Generic drugmakers Teva Pharmaceuticals and Apotex Inc. have secured an order from a Delaware federal court that they do not infringe patents asserted by Vanda Pharmaceuticals that cover the sleep drug Hetlioz.

  • September 25, 2026

    Clothing Cos. Infringed Beer Brands' Trademarks, Suit Says

    Two Colorado clothing companies infringed the trademarks of several popular beer brands by using counterfeit marks on the clothing items and submitting fraudulent documents with forged signatures to online sales platforms in support of the items' sales, according to a lawsuit in Colorado federal court.

  • September 25, 2026

    USPTO Is Seeing A Rise In Continued Examination Requests

    Requests for continued examination of patent applications have ballooned at the U.S. Patent and Trademark Office, a trend attributed in part to the agency's success at decreasing the backlog of new applications.

  • September 25, 2026

    Fake Warhols Dealer Fails To Appear At Sentencing

    A Miami art dealer who admitted to selling fake Andy Warhol works to his gallery clients failed to show up to his sentencing hearing on Friday, forcing a Florida federal judge to reschedule it for one week later while the government and his attorney try to track him down.

  • September 25, 2026

    PTAB Invalidates Challenged Claims In Breast Pump Patent

    The Patent Trial and Appeal Board on Friday ruled that all claims Shenzhen Root Technology Co. Ltd. challenged in a Willow Blossom wearable breast pump patent are invalid on numerous grounds.

  • September 25, 2026

    Apple Hit With Historic $5.7B Patent Verdict

    A California federal jury said Friday that Apple owes a staggering $5.7 billion to headphone-maker Taction Technology Inc. after finding the tech giant infringed a pair of Taction's vibration technology patents, issuing the largest patent verdict in U.S. history.

  • September 25, 2026

    Alkermes Must Face Bulk Of Addiction Treatment Drug Suit

    A Massachusetts federal judge largely refused Thursday to let Alkermes duck a proposed class action alleging it tricked the U.S. Patent and Trademark Office into granting a patent for the addiction treatment therapy Vivitrol, crediting allegations a missing study was intentionally omitted from the patent application to win approval.

  • September 25, 2026

    Squires Says Biocon Challenge To Eylea Patent Filed Too Late

    U.S. Patent and Trademark Office Director John Squires has explained why he rejected Biocon Biologics' challenge to a Regeneron Pharmaceuticals Inc. patent covering the eye disorder drug Eylea — because Biocon waited too long to bring the challenge.

  • September 25, 2026

    9th Circ. OKs Class Cert. In Classmates.com Name Use Case

    The Ninth Circuit has approved a lower court's certification of a class of Californians suing over their names appearing in the yearbooks platform Classmates.com, rejecting a number of challenges from the website's operator, including that the lead plaintiff couldn't adequately represent the class.

  • September 25, 2026

    Clothing Co. Settles TM Suit With Chinese Seller After Appeal

    A clothing company has settled its counterfeiting lawsuit against a Chinese e-commerce seller after the Seventh Circuit revived the dispute in May, directing a lower court to determine if the rules of The Hague Service Convention apply and prohibit the email service of the complaint.

  • September 25, 2026

    Del. Chancery Says Curonix Owns Stimwave Shares

    The medical device company Curonix LLC has won its lawsuit against the founder of Stimwave Technologies Inc., with Delaware's Court of Chancery finding that the plaintiff is the rightful holder of 75,000 shares of the company it purchased in bankruptcy.

  • September 25, 2026

    Cox Can't Recoup $15M In DMCA Suit Costs From Insurers

    A Georgia federal judge backed two insurers in a lawsuit by Cox Enterprises that alleged it was wrongly denied coverage for more than $15 million it racked up in separate litigation with a music publisher, saying the claims were not covered under Cox's policies.

  • September 25, 2026

    Judge Suggests No Injunction In Whirlpool Patent Suit

    A Texas federal magistrate judge has recommended not to grant an injunction to kitchen appliance company Whirlpool Corp. against Samsung in a case alleging the latter infringed patents covering dishwasher racks, finding there were "substantial questions" over whether the accused products were actually infringing and whether two of the patents were valid.

Expert Analysis

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

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    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

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