Intellectual Property

  • September 14, 2026

    Carlton Fields Pushes To Demand Fees In Miss America Fight

    Carlton Fields has urged a Florida federal court to adopt a magistrate judge's recommendation that the firm be allowed to intervene in a dispute involving its charging lien for unpaid legal fees in a $500 million dispute over the ownership of the Miss America competition.

  • September 14, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

  • September 14, 2026

    Sony, Universal Join Push Against Music Streaming Fraud

    Sony and Universal joined numerous other music companies on Monday in forming a new group aimed at ousting fraudsters who artificially inflate streaming numbers to generate royalty payments.

  • September 11, 2026

    Sam Smith Struggles To End 'Dancing With A Stranger' IP Suit

    A California federal judge said Friday he's unlikely to dismiss a copyright infringement suit accusing pop singers Sam Smith and Normani of copying another song in their 2019 hit "Dancing With a Stranger," saying he's not convinced that case law supports dismissing the suit after the Ninth Circuit revived it.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

  • September 11, 2026

    Copyright Office To Test New Registration System In Late 2026

    The U.S. Copyright Office is making progress on its launch of its new modernized registration system, with plans to start rolling out some functions to Copyright Public Modernization Committee members later this year, leaders said Friday.

  • September 11, 2026

    Verizon Drops T-Mobile Suit Over Ads Claiming $1K Savings

    Verizon has quietly dropped its lawsuit in New York federal court accusing T-Mobile of running advertisements falsely claiming that consumers could save more than $1,000 a year by switching carriers, after Verizon won an injunction earlier this year.

  • September 11, 2026

    Calif. Judge Won't Toss Estee Lauder TM Suit Against Walmart

    A California federal judge has turned down Walmart's bid to dismiss Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, saying the suit's claims over allegedly sham products were up to snuff at this point in the case.

  • September 11, 2026

    Patent Co. Says 'Prejudicial Errors' Merit New DoorDash Trial

    A patent-holding company has asked a Texas federal judge to order a new infringement trial against DoorDash and grant it a favorable judgment on its enablement defense, arguing that the food delivery giant's conduct led to "prejudicial errors."

  • September 11, 2026

    Co. Ordered To Pay Dating Sites $821K Fees They're Owed

    A patent-holding company has been ordered to pay about $821,000 in attorney fees and costs to eHarmony and corporate sibling The Meet Group after its patent infringement suits failed in light of the U.S. Supreme Court's Alice test.

  • September 11, 2026

    Sod Co. Rehashing Discovery Fight In Sanctions Bid, Defendants Say

    A Colorado sod company is attempting to relitigate a discovery dispute through a motion for sanctions against defendants' counsel in the company's trade secrets case against former workers and competing businesses, the defendants said in a response to the motion for sanctions Thursday.

  • September 11, 2026

    Split Fed. Circ. Backs Amazon's Win Over Network Patent Suit

    A split Federal Circuit panel Friday upheld Amazon's escape from an infringement case over an AlterWAN Inc. network patent, with the dissenting judge saying the panel needlessly went "down the rabbit hole" and arrived at a "flat wrong" claim construction.

  • September 11, 2026

    Fed. Circ. Questions Medical Training Co.'s $100M Deal Theory

    A medical training startup urged the Federal Circuit on Friday to revive claims accusing Galderma of a "classic catch-and-kill strategy" to derail what it says could have been a $100 million deal with Allergan, but a three-judge panel questioned whether that theory had been properly presented below.

  • September 11, 2026

    Fed. Circ. Agrees Globus Didn't Infringe Spinal Surgery IP

    The Federal Circuit on Friday upheld a Pennsylvania federal judge's decisions clearing Globus Medical Inc. of infringing Moskowitz Family LLC spinal surgery tool patents, agreeing that language used in the patents' opening statement, or preamble, limited their scope.

  • September 11, 2026

    Altria Signals Appeal Of Order Ending Reynolds' Royalty Tab

    Philip Morris's parent company plans to appeal a North Carolina federal judge's ruling finding a sublicensing agreement between R.J. Reynolds Vapor Co. and Juul Labs Inc. relieves Reynolds of its obligation to pay ongoing royalties under a 2022 jury verdict, according to a notice filed Friday.

  • September 11, 2026

    Personal Injury Firm Beats Atty's Bid For 'Birth Justice' TM

    A former associate at a personal injury and medical malpractice law firm can't register in her own name a trademark for birth-injury legal services that she helped develop before and during her employment with the firm, the Trademark Trial and Appeal Board has ruled.

  • September 11, 2026

    In-House Atty Org. Says Rival Ripped Off Data For AI Tool

    The Association of Corporate Counsel alleges in Delaware federal court that its competitor used the nonprofit's proprietary materials to train its artificial intelligence tool Lloyd and "brazenly promoted its Lloyd product by showing the public that ACC materials could be accessed via Lloyd."

  • September 11, 2026

    Orkin Says Ex-Workers Defected With Clients And Secrets 

    Orkin LLC told a federal court that several employees it brought aboard in its 2025 acquisition of a central Pennsylvania pest control company have split for a competitor, allegedly taking customers and trade secrets with them in violation of their employment contracts.

  • September 11, 2026

    High Court Urged To Take Target Case For Alice Look

    The U.S. Supreme Court should clarify its own Alice test regarding patent eligibility, according to the owner of a series of patents covering ways of finding products within a store that were invalidated under the standard in a suit against Target.

  • September 11, 2026

    Norton Rose Adds Holland & Knight IP Litigator In Dallas

    Norton Rose Fulbright has bulked up its intellectual property litigation offerings in Dallas with a partner who came aboard from Holland & Knight LLP.

  • September 10, 2026

    Huawei Ripped Off Amazon Cloud Platform IP, Jury Hears

    A former engineer for a U.S. subsidiary of Huawei on Thursday testified that she was shocked and upset after a colleague boasted of co-opting patented code used in Amazon's cloud computing platform, the first of several Huawei employees that are expected to take the stand in the Chinese telecommunications company's RICO trial in New York federal court. 

  • September 10, 2026

    Thomson Reuters Says DOJ AI Stance Doesn't Back Ross

    Thomson Reuters told the Third Circuit Thursday in defunct legal tech startup Ross Intelligence's interlocutory appeal of a summary judgment ruling that it infringed Westlaw headnotes that a statement by the U.S. Department of Justice flagged by Ross does not support its fair-use defense.

  • September 10, 2026

    Expedia Must Face Copyright Claims Over Car Photos

    A Washington federal judge on Thursday denied a request from Expedia to exit a copyright infringement suit brought by EVOX Productions LLC claiming the travel booking website made unauthorized use of hundreds of car images.

  • September 10, 2026

    Clinical Trial Buyer Says Ex-Owner Breached $100M Deal

    Surge ECN Holdings LLC and ECN Operating LLC have accused the former owner of a clinical trial research network of violating a five-year noncompete and other restrictions tied to a deal worth more than $100 million, alleging he diverted customers, recruited key physicians and used confidential information to build a competing business.

  • September 10, 2026

    Cellspin Media Patent Suit Should Proceed, Judge Says

    A Texas federal magistrate judge said Wednesday the court should not throw out Cellspin Soft Inc.'s patent lawsuit against Fossil Stores I Inc. over systems that can automatically publish social media content, years after a similar case was tossed in California.

Expert Analysis

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Protecting Biotech Innovation In The Platform Knowledge Era

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    Following the U.S. Food and Drug Administration's recent shift toward leveraging prior and platform knowledge in biotechnology, companies should protect their innovations by guarding against obviousness challenges and treating the entire development pipeline as a source of patentable innovation, says Aisha Hasan at Barnes & Thornburg.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • 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.

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