Intellectual Property

  • September 22, 2026

    High Court Told Sony Win In $500M Patent Case Flouted Law

    The owner of a patent that Sony's PlayStation controllers were cleared of infringing has told the U.S. Supreme Court that the Federal Circuit's decision applied a rule found nowhere in the statute governing functional patent claims or in high court precedent.

  • September 22, 2026

    Lender's $8.1M In Losses Were 'Self-Inflicted,' 11th Circ. Told

    The former CEO of a lender that financed independent insurance marketers has urged the Eleventh Circuit to reverse an $8.1 million trial judgment for breaching his work terms, arguing that the damages sustained by his previous employer were "self-inflicted." 

  • September 22, 2026

    Healthcare PE Firm Sues Real Estate PE Firm Over 'Ironleaf' TM

    Healthcare technology-focused private equity firm Ironleaf Capital LP is accusing real estate private equity firm Ironleaf Equity Partners LLC in Washington federal court of infringing its "Ironleaf" and "Ironleaf Capital" trademarks by being a similarly named private equity firm.

  • September 22, 2026

    Yale, Biohaven Seek $23M Atty Fee After Trade Secrets Win

    Yale University and Biohaven Therapeutics Ltd. have requested attorney fees topping $23.1 million, plus $2 million each in exemplary damages, after winning a $4 million trial verdict, though both entities are also seeking a new trial to readdress damages on trade secrets and contract breach claims.

  • September 22, 2026

    3rd Time's A Charm As Netflix Gets PTAB To Ax DivX Patent

    The Patent Trial and Appeal Board has ruled that Netflix was able to show that all the claims in a DivX streaming patent were invalid, following two previous decisions to the contrary and two trips to the Federal Circuit.

  • September 22, 2026

    Centripetal Asks Justices To Revive $2.6B Cisco Patent Case

    Centripetal Networks LLC has told the U.S. Supreme Court that a decision clearing Cisco Systems Inc. of infringing its cybersecurity patents in a $2.6 billion case was wrongly based on a new claim construction that a judge entered late in the case, without letting Centripetal respond.

  • September 22, 2026

    DC Circ. Says Copyright Board Must Explain Allocations

    The D.C. Circuit on Tuesday threw out a judicial copyright board's decision on how it divided cable retransmission payments from 2014 through 2017, faulting it for how it did a final step in determining allocations among claimants.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    Wi-Fi Calling Antitrust Suit Sent To Arbitration

    A D.C. federal judge is requiring a general subscriber class of consumers to arbitrate their claims that AT&T, Verizon and T-Mobile are offering free Wi-Fi calling service as part of a conspiracy to monopolize the Wi-Fi calling market.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 22, 2026

    EU, Philippines Reach Preliminary Free Trade Deal

    The European Union and the Philippines have reached a "substantial agreement" on a free trade deal that would mutually reduce or remove tariffs on 97% of trade between them, the bloc announced Tuesday.

  • September 21, 2026

    Teddy's Says Buc-ee's TM Campaign Violates Antitrust Law

    Teddy's Market has escalated its counterclaims against Buc-ee's in Georgia federal court with allegations of antitrust violations, claiming the travel-center chain uses trademark infringement lawsuits to unlawfully expand its control over cartoon-animal branding in the convenience store industry.

  • September 21, 2026

    AI-Native Healthcare Service Co. Says Rival Copied 'N' Logo

    Nitra Inc., an artificial intelligence-native all-in-one platform that provides fintech related services helping healthcare practices save time and money, accused a rival company of impermissibly using a "strikingly and confusingly similar" design mark for the stylized letter "N," according to a trademark infringement action filed Friday in California federal court.

  • September 21, 2026

    Anthropic Can't Shake Reddit's AI Content-Scraping Suit

    A San Francisco judge largely rejected Anthropic's bid to toss Reddit Inc.'s suit accusing it of improperly gathering user content to train its artificial intelligence products, finding that most of Reddit's allegations have extra elements exempting them from federal preemption.

  • September 21, 2026

    Telecom Giants Seek Fees For 'Unprincipled' Asus Patent Suit

    AT&T, Verizon and T-Mobile asked a Texas federal judge on Monday for attorney fees after they defeated an infringement suit over wireless communications patents, accusing Asus Technology Licensing Inc. and the other plaintiffs of "an aggressive and unprincipled litigation campaign."

  • September 21, 2026

    Deal Resolves Oil Pump Case After Final Albright Patent Trial

    Texas-based manufacturer UTEX Industries and GD Energy Products have told a Texas federal judge they've agreed to the dismissal of a suit where a jury found last month that GD Energy didn't infringe a patent covering a packing assembly for pumps used in the oil and gas industry.

  • September 21, 2026

    Moderna Says Sanofi Wants To 'Unjustly Profit' In Vax IP Suit

    Sanofi's patent infringement suit against Moderna is an attempt to "unjustly profit" from the latter's COVID-19 vaccines after Sanofi was unable to produce its own, Moderna has told a New Jersey federal court.

  • September 21, 2026

    Cigna Wins $1.8M In Fees After Payment Patent Fight

    A Texas federal magistrate judge has awarded Cigna Corp. nearly $1.8 million in legal fees in a case where it was cleared of infringing a card payment patent, just days after he said a shopping mall owner and gift card company were also entitled to fees in the legal battle.

  • September 21, 2026

    Microsoft Faces Encryption Patent Suit Over Teams And Azure

    A new lawsuit alleges Microsoft's Teams and Azure platforms infringe five patents originally issued to secure messaging company Cyph Inc., which was founded by former SpaceX engineers.

  • September 21, 2026

    She Has A Point: Fenwick's Jessica Kaempf

    Jessica Kaempf of Fenwick & West LLP is a pragmatic yet tenacious attorney whose representation of her clients has earned her plaudits from Kathi Vidal of Winston Taylor, who praised Kaempf as part of a Law360 series celebrating women litigators.

  • September 21, 2026

    NEC Hits Anker With New Patent Suit, Days Before EDTX Trial

    Japan-based electronics company NEC Corp. has sued over home security products made by Chinese rival Anker Innovations, accusing it of infringing six image processing patents, days before another NEC suit against Anker on similar patents is set for trial in Texas.

  • September 21, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week dismissed a challenge to Alteryx Inc.'s $4.4 billion take-private sale, resolved a fight over the removal of a security technology company's director and declined to let Empery Digital Inc. immediately appeal a proxy contest ruling.

  • September 21, 2026

    Copyright Chief Firing Fight Paused Over Pending Legislation

    A D.C. federal judge has paused U.S. Copyright Office leader Shira Perlmutter's challenge to the Trump administration's attempt to fire her, saying pending legislation that would give the president authority to appoint the office's leader could have an "obvious effect" on the dispute.

  • September 21, 2026

    Tribal Immunity Cannot Block TM Challenges, TTAB Rules

    The Trademark Trial and Appeal Board has ruled for the first time that tribal sovereign immunity cannot block challenges to federal trademark registrations, rejecting Sycuan Tribal Development Corp.'s bid to end Philip Morris USA Inc.'s petition to cancel four tobacco marks.

Expert Analysis

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Cannabis, Psychedelics Boom Raises IP Hurdles

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    Recent data regarding patent filing activity and litigation in the cannabis and psychedelics markets indicates that as commercial interest accelerates, the scope of publicly accessible prior art is also expanding, setting a higher bar for novelty and nonobviousness in patent applications, say attorneys at Sterne Kessler.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • How Quantum Risk Could Reshape Legal Obligations

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    As federal policy, National Institute of Standards and Technology standards, and major market practice converge around postquantum cryptography, companies may need to safeguard their data now to prove they took reasonable measures to protect trade secrets from quantum computers that do not exist yet, say attorneys at MoFo.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • An Inside Look At Squires' Discretionary Denials

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    A deep dive into the discretionary denials issued by U.S. Patent and Trademark Office Director John Squires since he took over last year identifies trends in commonly asserted arguments and how they correlate with institution outcomes, say attorneys at Kirkland & Ellis.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • AI Prompt-Injection Hacking Creates Emerging Legal Risks

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    Last month, the first decision sanctioning a prompt-injection attack aimed at a U.S. court highlights the risks that this tactic — attempting to manipulate artificial intelligence systems by hiding invisible instructions in a document — poses for trade secrets, patent prosecution and other areas, say attorneys at Kilpatrick.

  • TTAB's Nike Ruling Highlights Trademark Filing Pitfalls

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    The Trademark Trial and Appeal Board's recent decision in Nike v. Blue Ribbon Team illustrates how the Lanham Act's requirement for bona fide intent works in practice, and provides a road map on how to counsel clients before intent-to-use trademark applications are filed, say attorneys at BCLP.

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