Intellectual Property

  • September 08, 2026

    Certain Apple Devices Infringe Touch Screen IP, Judge Says

    A California federal judge has held that some functions of certain Apple iPhones and iPads infringe some claims of a touch screen patent owned by Smith Interface Technologies LLC, though he also ruled that the functions don't infringe other claims and that other disputes belong before a jury.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    WB Asks Panel To Pull Plug On Claim 'The Pitt' Copied 'ER'

    Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    Meta Accused Of Using Photos To Train AI Without Consent

    Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

  • September 08, 2026

    Seattle Times, Newsday Sue OpenAI Over Content Use

    The Seattle Times and Long Island-based newspaper Newsday sued OpenAI and Microsoft with claims of copyright infringement, adding to the long list of news organizations claiming their articles were used improperly to train large language models.

  • September 08, 2026

    Boeing Avoids Broad Financial Discovery In IP Suit

    A Washington federal judge has ordered The Boeing Co. to provide some, but far from all, of the information Wilson Aerospace LLC sought for its suit accusing the aerospace giant of stealing patented technology for a NASA moon program.

  • September 08, 2026

    Fed. Circ. Urged To Overturn Natera's Cancer Test Patent Win

    ArcherDX is asking the Federal Circuit to fully free it from a Delaware federal jury's $19 million verdict for infringing Natera cancer diagnostic patents, saying the district court judge was wrong to only remove $10 million from that total.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    NC Brokerage Loses Injunction Bid Against Ex-Directors

    A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Italian Winemaker Wins TM Fight At TTAB

    The Trademark Trial and Appeal Board has blocked a Mexican resort's attempt to register a trademark on wine it sold, after finding it would likely be confused with an Italian winery's brand.

  • September 08, 2026

    Quantitative Trader's Trade Secret Trial Pushed To November

    A trial that was set to begin Sept. 14 in a case of a quantitative trader accused of stealing his former employer's trade secrets was pushed to November after a New York federal judge ruled Tuesday that the court and parties needed more time to litigate the admissibility of a defense witness.

  • September 08, 2026

    Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign

    Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.

  • September 08, 2026

    Fed. Circ. Backs Atty Fees In 3D Motion Sensor Patent Case

    The Federal Circuit on Tuesday turned down network testing company Viavi Solutions Inc.'s challenge to a lower court's decision ordering it to pay another company's attorney fees after Viavi unsuccessfully brought suit alleging patent infringement.

  • September 04, 2026

    NY Huawei Case Roars To Life With Historic Corp. RICO Trial

    The sprawling racketeering case against Huawei Technologies Co. Ltd. has faded from the spotlight in recent years, but the Chinese telecommunications giant has bucked convention by proceeding to a historic criminal trial over accusations of rampant intellectual property theft, sanctions violations and brazen lies to banks and U.S. officials about its business practices.

  • September 04, 2026

    Juul Hit With Vape Patent Suit On Newly Approved Device

    A company that says it developed technology for delivering caffeine to military pilots that forms the basis of all modern e-cigarettes has accused Juul's products of patent infringement, including a new vaping device that just received regulatory approval.

  • September 04, 2026

    Fed. Circ. Backs Double Dismissals, But Dodges Preclusion

    The Federal Circuit has expressly allowed district court judges to dismiss patent cases on multiple grounds at once, but attorneys say they're left guessing how that impacts future litigation on the same patent.

  • September 04, 2026

    2nd Circ. Reopens Copyright Case Over Diamond Price List

    The Second Circuit on Friday reinstated a copyright suit brought by diamond price-listing company Rapaport USA Inc. claiming another company lifted information from Rapaport's catalog to put on its own website, agreeing that the district court shouldn't have dismissed the case before "crucial" questions were answered.

  • September 04, 2026

    ITC To Review Part Of Judge's Decision In Tool Patent Row

    The U.S. International Trade Commission will review parts of an administrative law judge's ruling that four patents on glow fish tape and a safety helmet system are not invalid in a legal battle between competing toolmakers.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    DivX Loses Bid For New Patent Trial After Loss To Netflix

    DivX cannot have a new trial over anti-copying and image-quality patents after a California jury cleared Netflix of infringement in March, a federal judge ruled Friday, saying the video compression technology company hasn't shown the jury's decision was not supported by substantial evidence.

  • 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.

Expert Analysis

  • 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.

  • 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.

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