Intellectual Property

  • August 21, 2026

    Painter, Sotheby's Sued Over 'Slavish Copy' Of Oasis Photo

    A photographer who took what he described as an iconic image of the brothers who head the English rock band Oasis says a painter recreated the image in a work valued at up to $2 million and auctioned by art dealer Sotheby's, according to a copyright infringement suit in New York federal court.

  • August 21, 2026

    Calif. High School NIL Limitations Survive Antitrust Challenge

    A California federal judge has tossed a lawsuit by high school athletes challenging the state's limits on name, image and likeness opportunities, saying the plaintiffs have not adequately defined a relevant market or pled antitrust injury.

  • August 21, 2026

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

    The past week in London has seen former Liberal Democrat MP Mark Oaten sue a fur auction house, private equity and pensions magnate Edmund Truell hit by a commercial fraud claim and Charles Russell Speechlys file a contract claim against two of its previous clients in the Middle East.

  • August 20, 2026

    FTC Slams Amgen's Antitrust Shield Argument At 4th Circ.

    The Federal Trade Commission has urged the Fourth Circuit to reject Amgen's "sweeping" assertion that commercial agreements for acquiring the rights to patent applications are shielded from antitrust scrutiny, saying the company's position in an appeal related to blockbuster autoimmune drug Enbrel is a threat to longstanding understandings of antitrust law.

  • August 20, 2026

    11th Circ. Denies YouTube Bid For Atty Fees In Copyright Fight

    The Eleventh Circuit on Thursday upheld a Florida federal judge's refusal to award attorney fees to YouTube after the platform defeated copyright claims accusing it of failing to remove pirated films, finding no abuse of discretion in the lower court's analysis.

  • August 20, 2026

    Magistrate Report Draws Fire From Both Sides In LIV TM Feud

    Both litigants in a courtroom dispute over the rights to the "LIV" trademark have objected to a magistrate judge's report that found a Long Island distillery would likely succeed on its claims against the LIV golf tour, but that the tour be allowed to continue using the mark.

  • 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.

Expert Analysis

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • 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.

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