Intellectual Property

  • September 04, 2026

    Split PTAB Gives Amazon Win On Speech Patent

    A split Patent Trial and Appeal Board has found that Amazon was able to show that claims in a speech recognition patent were invalid, the latest in a larger fight involving a patent litigation outfit that targeted the retail giant's Alexa virtual assistant.

  • September 04, 2026

    Microsoft Says Feeding Books And News To AI Is Fair Use

    Microsoft on Friday told a Manhattan federal court that using books and news articles to train the large language model behind the artificial intelligence model Copilot counts as fair use, and the company should therefore be granted a favorable judgment.

  • September 04, 2026

    Licensing Co., TSMC Settle ITC Chip Patent Case

    A company called Longitude Licensing Ltd. has reached a settlement with Taiwan Semiconductor Manufacturing Co. Ltd. to end a case against several technology companies at the U.S. International Trade Commission seeking a ban on imports of certain products.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Trial Dates Vacated In Former Albright Cases, Schedules Stay

    The chief judge of the Western District of Texas has vacated the trial dates and hearings for cases that had been overseen by now-departed U.S. District Judge Alan Albright while the court works to reassign them, but said all other schedules and deadlines remain in effect.

  • September 04, 2026

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

    The past week in London has seen institutional investors file new claims against British American Tobacco and Entain, Jellycat sue multiple British retailers in the patent court, and Shoosmiths LLP targeted in a claim by a property developer.

  • September 03, 2026

    BASF Unit Says Apple Stole Its Face Authentication IP

    A BASF SE subsidiary sued ​Apple in Texas federal court on Thursday alleging infringement of seven of its face authentication patents, saying that the Silicon Valley giant has been using the technology in iPhone ‌and ⁠iPad models without authorization or license.

  • September 03, 2026

    Altria Loses Constitutional Challenge To ITC Patent Cases

    A Virginia federal judge on Thursday shut down a suit by Altria claiming that U.S. International Trade Commission patent proceedings are unconstitutional, rejecting Altria's bid to halt an ITC vape patent case against it brought by Juul and granting summary judgment to the commission.

  • September 03, 2026

    Most Of Corteva's IP Claims Against Inari Move Along

    A Delaware federal court Thursday kept most claims alive in a case over seed intellectual property brought by Corteva Agriscience ahead of a trial set to begin later this month.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    X Secures Order Barring Startup's Use Of 'Twitter' Marks

    A Delaware federal judge blocked Operation Bluebird Inc. from using the Twitter brand Thursday at the request of X Corp., which sought an injunction after founder Elon Musk changed the company's name.

  • September 03, 2026

    8 Patent Reviews Instituted By Squires, Only 1 Denied

    In his latest round of decisions, U.S. Patent and Trademark Office Director John Squires instituted eight patent reviews Wednesday and rejected only one challenge.

  • September 03, 2026

    Fed. Circ. Judge's Post-Decision Recusal Won't Lead To Redo

    U.S. Circuit Judge Richard G. Taranto's decision to recuse himself from a case based on newly inherited Amazon stock is not enough to justify reconsidering the opinion he'd already issued, the Federal Circuit has ruled.

  • September 03, 2026

    Fed. Circ. Solidifies Vifor Win Over Iron Deficiency Patent

    The Federal Circuit on Thursday affirmed a lower court's decision that pharmaceutical company Vifor did not infringe a patent covering a method of making iron supplements asserted by rival Biofer.

  • September 02, 2026

    Walmart Says IP Suit Docs Can't Be Used In Malpractice Case

    Walmart has asked an Arkansas federal court to order food tech startup Zest Labs to comply with a protective order from the parties' settled trade secret dispute and block it from disclosing Walmart's confidential information in Zest's malpractice suit against its former attorneys.

  • September 02, 2026

    USPTO Policies Spur Reps To Float Conditions On Fee Power

    Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    ITC Reinstates Sun Import Ban Win After Squires Intervention

    The U.S. International Trade Commission has cleared a ban against Biofrontera dermatology device imports that infringe Sun Pharmaceuticals patents, following changes at the Patent Trial and Appeal Board.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    Reggaeton Suit Fails To ID Copyrighted Work, Judge Says

    A California federal judge has reconsidered an earlier ruling on the copyrighted elements of asserted works in a case dealing with the origins of reggaeton music, finding two musicians did not clearly identify what copyrighted work contains allegedly protectable elements.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    DOJ Backs OpenAI, Microsoft Fair Use Defense In NYT IP Case

    The federal government is weighing in on the sprawling copyright litigation against OpenAI Inc. and Microsoft Corp. in New York federal court brought by The New York Times and others, telling the judge that using copyrighted texts to train generative tools shouldn't expose developers to broad infringement liability.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

  • September 03, 2026

    CORRECTED: Strip Club Signs $340K Insurance Deal In False Ad Suit

    A North Carolina strip club has agreed to assign its insurance rights to five models so they can pursue a $340,000 payout to resolve claims over the club's use of their images in advertisements, according to a filing in federal court.

Expert Analysis

  • The Risks And Rewards Of 3 Patent Review Pilot Programs

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    The U.S. Patent and Trademark Office's new pilot programs seek to reduce the patent examination backlog by offering opportunities for faster review, but applicants should proceed carefully to avoid an application losing its accrued patent term adjustment award — or being involuntarily abandoned, says David Gass at Marshall Gerstein.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

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    In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Quantifying Damages In Product Launch Delay Allegations

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    In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Protecting Quantum Innovation As The Sector Commercializes

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    As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Shopify Settlement Clouds Open-Source Copyright Limits

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    Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

  • What Data Says About Biologics-Related Ex Parte Challenges

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    An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

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    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

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