Intellectual Property

  • May 05, 2026

    Musk Sought Control Of OpenAI To Fund Mars City, Jury Told

    OpenAI President Greg Brockman defended OpenAI's for-profit conversion during a California federal jury trial Tuesday and accused Elon Musk of demanding "unilateral absolute control" over OpenAI to fund his plans for a city on Mars, while acknowledging under examination that Musk proposed his stake would "change quickly" with additional investors.

  • May 05, 2026

    Sanofi Unit Gets Backup In Fed. Circ. Double Patenting Appeal

    Canon, Sonos and several other tech and biopharma companies have thrown their weight behind a Sanofi subsidiary's appeal challenging how the Patent Trial and Appeal Board handles obviousness-type double patenting.

  • May 05, 2026

    Fed. Circ. Doubts It Can Hear T-Mobile Settlement Scuffle

    A Federal Circuit panel on Tuesday appeared skeptical that it can weigh an appeal stemming from a settlement agreement between T-Mobile and a company that accused it of infringing a Wi-Fi calling patent, even though both sides argued there were grounds for jurisdiction.

  • May 05, 2026

    Bike Trainer Co. Accuses Rival Of 'Hallucinations' In Brief

    A maker of bike trainers has alleged that a rival included "hallucinations" while reciting the language of claims from a patent in a Georgia federal suit seeking to toss a complaint before the U.S. International Trade Commission.

  • May 05, 2026

    Apple Urges Full Fed. Circ. To Undo Original Watch Import Ban

    A Federal Circuit panel erred when finding the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features, the tech giant behind the devices said in a plea for rehearing by the full court.

  • May 05, 2026

    11th Circ. Revives Annie Leibovitz 'Star Wars' Photo IP Dispute

    The Eleventh Circuit vacated an early win handed to a digital outlet accused of impermissibly using renowned photographer Annie Leibovitz's images taken on the set of a new "Star Wars" film that were featured in Vanity Fair, ruling on Tuesday the lower court's "understanding of copyright law was not quite right."

  • May 05, 2026

    Democrat Calls Squires' Board Of Peace Answers 'Incoherent'

    The ranking Democrat on the House Judiciary Committee on Tuesday had more probing questions for U.S. Patent and Trademark Office Director John Squires about his decision to file trademark applications for U.S. President Donald Trump's "Board of Peace," telling Squires that his answers under oath at a March oversight hearing were "incoherent."

  • May 05, 2026

    Va. Judge Clears Amazon On 4 Of 5 DivX Video Patents

    A Virginia federal judge has trimmed much of the remainder of a lawsuit accusing Amazon of infringing video processing patents owned by California-based video technology company DivX, but let one of the patents remain at play.

  • May 05, 2026

    Sportswear Co. Seeks To Flunk Schools' Trademark Win Bid

    Print-on-demand retailer Vintage Brand urged a Georgia federal judge to deny a host of universities an early win in their trademark infringement suit against the company over its sports merchandise, arguing that their motion rests on the disputed premise that their imagery is covered by the Lanham Act.

  • May 05, 2026

    4th Circ. Says USPTO Doesn't Have To Cough Up PTAB Docs

    The Fourth Circuit on Tuesday said it won't force the U.S. Patent and Trademark Office to hand over certain information requested by a nonprofit volunteer about drafts of a decision in a Patent Trial and Appeal Board hearing involving a cybersecurity patent.

  • May 05, 2026

    Santander Says Ex-Adviser Poached Lion's Share Of Clients

    Santander Bank and its investment adviser unit have sued a former employee, alleging that he improperly wooed away the vast majority of his clients when he decamped for a competitor.

  • May 05, 2026

    3 Suits Say Meta, Anthropic Pirating Books In AI 'Arms Race'

    Book publishers and legal novelist Scott Turow hit Meta Platforms Inc. with a proposed class action in New York federal court on Tuesday, accusing it of training its Llama large language models on millions of copyrighted books and articles from pirate sites instead of licensing the material.

  • May 05, 2026

    X, Startup Clash Over Fate Of Twitter Brand

    X Corp. and Operation Bluebird Inc. are urging a Delaware federal judge to take sharply different views of what happened to the Twitter brand after Elon Musk renamed the social media platform X, with X saying the famous name remains protected and Bluebird saying the company gave it up.

  • May 05, 2026

    NCAA Insists Athletes Must Arbitrate NIL Deal, Not 'Rewrite' It

    College athletes' attempt to go through the courts to exempt certain revenue streams from NCAA oversight is an end-run around the resolution they reached in last year's $2.78 billion class action settlement, the association has told a California federal judge.

  • May 05, 2026

    9th Circ. Upholds Chip Injunction In Google Contract Case

    The Ninth Circuit refused to lift an injunction against Point Financial Inc. barring it from interfering with Google's license to manufacture certain computer chips while a case plays out over Google's contract with a chipmaker that went out of business.

  • May 05, 2026

    Apple Says Webcam IP, Antitrust Suit Belongs In Calif.

    Apple Inc. has urged a New Jersey federal court to transfer a British software company's antitrust and patent infringement case over iPhone camera technology, arguing that the developer signed a license agreement consenting to litigate disputes with the tech giant in the Northern District of California.

  • May 05, 2026

    Duane Morris Integrates Gambling, Sports Industry Groups

    The growing popularity of betting in sports has prompted Duane Morris LLP to respond to the meshing of the two sectors by integrating its sports and gambling law groups.

  • May 05, 2026

    Fed. Circ. Sides With Google In Mobile Device Patent Suit

    The Federal Circuit Tuesday backed a California federal judge's decision to throw out a lawsuit accusing Google of infringing a patent covering a way to pause phone notifications, agreeing the patent was invalid in the first place.

  • May 05, 2026

    ABKCO, Behr Settle 'Paint It Black' Ad Copyright Suit

    Record company ABKCO Music & Records Inc. has settled a case with paint-maker Behr Paint Co. over Behr's use of the song "Paint It Black" in an advertisement without a license.

  • May 05, 2026

    4 Mass. Rulings You May Have Missed In April

    Judges in Suffolk County Superior Court's business litigation session in Massachusetts sent two cases to arbitration and weighed in on disputes over trade secrets and tradespeople in recent rulings.

  • May 04, 2026

    Ye Ripped Off Artists' Track And 'Ghosted' Them, LA Jury Told

    The artist once known as Kanye West sampled an instrumental recording he didn't own as part of a listening party for his album "Donda," then "ghosted" the songwriters without compensating them, attorneys for Artist Revenue Advocates told a Los Angeles jury at the start of a copyright infringement suit Monday.

  • May 04, 2026

    OkCaller Tells 11th Circ. Its Google Suit Wasn't 'Incoherent'

    OkCaller.com is asking the Eleventh Circuit to revive its lawsuit accusing Google of monopolizing the market for search engine services, arguing that the lower court was wrong to adopt Google's "straw man" and treat the reverse phone number lookup website's argument as "incoherent."

  • May 04, 2026

    Squires Orders Review Of Patent Ax In $170M GoDaddy Case

    U.S. Patent and Trademark Office Director John Squires told Patent Trial and Appeal Board officials Friday to review a decision invalidating a website patent from a $170 million verdict against GoDaddy, saying the board gave "no explanation" for why its decision differed from the jury's.

  • May 04, 2026

    Lee & Hayes Wins Liability Ruling In Fee Fight With Ex-Client

    An Idaho-based 3D printing firm broke a fee contract with its former legal counsel at Lee & Hayes PC, a Washington federal judge ruled Monday, rejecting the company's contention that the firm had agreed to reduce its $7.2 million contingency fee to a $3 million fixed rate.

  • May 04, 2026

    Ricoh's Work Tech IP Suit Survives Zoom Alice Dismissal Bid

    A Delaware federal court has, for now, rejected Zoom's efforts to escape a patent infringement case over its video meeting and collaboration technologies, finding that the patents cover abstract ideas but that owner Ricoh has made enough of a case that they contain inventive concepts. 

Expert Analysis

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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