Intellectual Property

  • July 06, 2026

    The Moments That Shaped The Monsanto Decision

    U.S. Supreme Court justices forged unusual alliances when they ruled a federal statute preempts claims Monsanto failed to warn consumers its Roundup weed killer may cause cancer. Oral arguments provided insights on the 7-2 outcome, highlighting issues the jurists were grappling with and showcasing rationales that found their way into the opinion.

  • July 06, 2026

    The Funniest Moments Of The Supreme Court's Term

    When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

  • July 06, 2026

    'Board Of Peace' TM Bids Abandoned By USPTO

    President Donald Trump's administration is no longer applying to register a pair of trademarks covering his Board of Peace after the U.S. Patent and Trademark Office said it dropped the bids.

  • July 06, 2026

    Ballard Spahr Promotes Longtime IP Atty To Team Chair

    Ballard Spahr LLP has elevated an Atlanta-based intellectual property partner to lead its intellectual property department, according to a Monday announcement.

  • July 06, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving arbitration, corporate control, advancement rights, freeze-out mergers and insolvent company wind-downs.

  • July 02, 2026

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including presidential power, immigration and voting regulations. Here's a look at the law firms that argued the most cases and how they fared.

  • July 02, 2026

    The Sharpest Dissents From The Supreme Court Term

    The sharpest dissents this term often involved the president, and pitted conservative and liberal justices against each other on core constitutional issues and questions about the limits to executive power, with nearly a quarter of cases being decided squarely along ideological lines.

  • July 02, 2026

    The Year Donald Trump Won Big At The High Court

    The Supreme Court's conservative supermajority and President Donald Trump largely aligned this year on issues of executive power, resulting in a series of decisions that significantly expanded presidential authority.

  • July 02, 2026

    Netflix Says 'Exceptional Misconduct' Merits $3M In Atty Fees

    Netflix urged a California federal judge on Thursday to order a Finnish national and his former Ramey LLP attorney to pay $3 million in legal fees due to "exceptional misconduct" and "fraud," saying both knew the plaintiff didn't own an asserted patent and so lacked standing to sue.

  • July 02, 2026

    Bad Bunny, Others Can't Ditch Suit Over Reggaeton's Origins

    A California federal judge on Thursday refused to end a sprawling copyright case over the origin of the rhythm that underpins much of reggaeton music, rejecting dueling motions for summary judgment from both sides and finding that there are material factual disputes that must be resolved by a jury.

  • July 02, 2026

    Meta Hit With Textbook Authors' IP Suit Over AI Training

    Meta Platforms Inc. was hit with a proposed class action Thursday in California federal court accusing it of feeding copyrighted textbooks into its Llama large language model to train the artificial intelligence product without getting permission from or compensating the textbooks' authors.

  • July 02, 2026

    7-Eleven Says New Nike Shoes Copy Its Tricolor Design

    7-Eleven has accused Nike of swiping its distinctive orange, green and red stripe design for a new shoe it plans to release on July 11 — or 7/11 — according to a suit filed in New York federal court.

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    Apple Says YouTube AI Scraping Suit Fails Under DMCA

    Apple Inc. is coming out swinging against a proposed class action brought by a group of YouTube creators accusing it of violating the Digital Millennium Copyright Act by scraping millions of copyrighted videos to train large language model products, telling the California federal court that the creators are suing under the wrong part of the law.

  • July 02, 2026

    HP, Dell, Asus Prove License To Beat Infringement Claims

    HP Inc., Dell Technologies Inc. and ASUSTeK Computer Inc. have implied licenses to LiTL LLC's portable computer patents, a judge in Delaware federal court concluded, freeing them from infringement allegations.

  • July 02, 2026

    Coffee Bean's 200-Store S. Korean Franchisee Must Arbitrate

    The exclusive Coffee Bean & Tea Leaf franchisee in South Korea must arbitrate claims that the brand's international franchisor cut corners, diminished product quality and engaged in bad faith business tactics harming its 200 stores, a California federal judge said Wednesday, citing arbitration provisions in the parties' franchise agreements.

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Ex-USPTO Deputy Nominated For World IP Org. Leadership

    Laura Peter, who served as U.S. Patent and Trademark Office deputy director under the first Trump administration, has been nominated for the role of deputy director general of the World Intellectual Property Organization's patents and technology sector, the USPTO announced Thursday.

  • July 02, 2026

    Cox, Hikma Rulings Set Stage For Trademark Liability Fights

    After the U.S. Supreme Court narrowed paths to secondary liability in copyright and patent cases this term, trademark law stands apart with an older, potentially broader rule for when intermediaries can be held liable for another party's infringement.

  • July 02, 2026

    USPTO Snubs Avalanche's Deficiency Payments For Chip IP

    The U.S. Patent and Trademark Office has declined to accept fee deficiency payments from Avalanche Technology Inc. on four patents covering memory chips after a judge at the U.S. International Trade Commission turned down a rival's request to toss an infringement case based on uncertainty over whether the office would accept the fees.

  • July 02, 2026

    Amicus Briefs Split On 9th Circ. Copyright Test In Tattoo Case

    Music labels, writers, photographers and copyright scholars are urging the Ninth Circuit to use the en banc rehearing in Kat Von D's Miles Davis tattoo fight to rework its substantial similarity test, though their amicus briefs are split over whether the court should discard the test entirely or refine it.

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Fed. Circ. Won't Restore Doctor's Intubation Patent Suit

    The Federal Circuit on Thursday declined to give a doctor another chance to pursue a suit against medical supplies company Teleflex Medical Inc. alleging infringement of a patent covering a laryngoscope used to intubate a patient, affirming the claim construction of a lower court.

  • July 02, 2026

    Anthropic Says Abnormal AI Copied Its Logo In TM Suit

    Anthropic PBC has slapped Abnormal AI with a trademark infringement lawsuit in California federal court, claiming cybersecurity company Abnormal's 2025 rebrand copied Anthropic's slash-style logo and animated logo transitions, causing confusion among customers.

  • July 02, 2026

    Fed. Circ. Agrees Alice Ends Website Creation Patent Suit

    The Federal Circuit on Thursday refused to revive a lawsuit accusing marketing software company HighLevel Inc. of infringing a pair of website-generation patents, agreeing with a Delaware federal court's finding that the claims at issue in the patents were invalid.

Expert Analysis

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • Trump's AI Order Is Strategic, Not Merely Deregulatory

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    Although the framework presented in President Donald Trump’s recent executive order on artificial intelligence is styled as voluntary and innovation-friendly, it creates a new soft-power mechanism for bringing the most capable AI systems into closer alignment with federal security priorities, says Jesse Lemon at The Beckage Firm.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Guitar Shape Controversy Highlights Nuances Of IP Protection

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    A recent German case related to Fender's efforts to secure intellectual property protection for its Stratocaster guitar design highlights a structural tension inherent in IP law — the designs that most successfully become embedded in the cultural landscape are the hardest to justify exclusive ownership of, say attorneys at Spencer West.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • TTAB's Everwise Decision Highlights Token-Use Pitfalls

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    The Trademark Trial and Appeal Board's recent cancellation of Everwise Credit Union's registration for the standard character mark "Everwise Credit Union" offers a detailed road map for practitioners on both sides of reexamination proceedings, and a blunt warning on specimen strategy, say attorneys at Akerman.

  • Reel Justice: 'Tuner' And Modern Juror Sympathy

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    In “Tuner,” the main character’s criminal behavior is framed as an extension of his vulnerability, talent and loyalty, demonstrating how narratives of sympathy shape perceptions of culpability, and why jurors may reinterpret wrongdoing through story and emotion rather than evidence and doctrine, says Veronica Finkelstein at WilmU Law.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • Tips For Litigating Life Sciences Investigations At The ITC

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    The International Trade Commission may soon become a significant battleground for life sciences companies as global intellectual property and trade disputes continue, increasing the importance of learning the ITC's unique considerations and litigation strategies, say attorneys at Crowell & Moring.

  • Unsecured Synthetic Royalties May Be Returning

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    Recent royalty monetization deals mark a notable shift in a market that had largely moved away from unsecured synthetic royalty structures after a multiyear freeze triggered by the Mallinckrodt bankruptcy decision in 2022, which exposed a legal risk inherent to the structure, says Peter Schwartz at Covington.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

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