Intellectual Property

  • August 05, 2026

    Takeda Says Rebates, Subsidies Cut $885M IBS Drug Verdict

    Takeda Pharmaceuticals battled with a class of health plans over whether a Massachusetts federal jury's $885 million antitrust verdict against the drugmaker for conspiring to delay generic competition to anticonstipation drug Amitiza should be reduced by rebates the drugmaker paid and Medicare subsidies that reduced the health plans' costs.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Judge Tosses 'Free' Wi-Fi Calling Fraud Claim Against Carriers

    A D.C. federal judge blasted a Wi-Fi-calling patent holder's antitrust and RICO suit against the major telecom carriers in court Wednesday, dismissing claims that the carriers misled consumers about their Wi-Fi calling offerings, but he did give the plaintiff a chance to refile its antitrust complaint.

  • August 05, 2026

    Shipcom Says Navy Sub Worked Outside Approved Orders

    Shipcom Federal Solutions LLC asked a Texas federal court to toss a lawsuit seeking to recover nearly $4.6 million for products and services delivered for a U.S. Navy project, saying its subcontractor is attempting to escape responsibility for its own actions.

  • August 05, 2026

    Graphic Designer Agrees To End $31M Brewery Logo Suit

    A long-running dispute over the ownership of Atlanta-based SweetWater Brewing's leaping trout logo came to an end Wednesday, with the logo's creator agreeing to drop his suit alleging the brewery continued using it without permission after a $366 million acquisition by Aphria Inc. in 2020.

  • August 05, 2026

    Judge Backs Magistrate Judge's Order On 3rd-Party NIL Deals

    A California federal judge said she won't reverse a magistrate judge's decision rejecting a bid by college athletes seeking to limit oversight of third-party name, image and likeness deals under their landmark $2.78 billion class settlement with the NCAA.

  • August 05, 2026

    Aetna, Others Hit Pharma Cos. With Xifaxan Pay-To-Delay Suit

    Health insurance companies Aetna Inc., Health Care Service Corp. and Molina Inc. have sued multiple pharmaceutical companies in Pennsylvania state court in Pittsburgh, alleging that the defendants conspired to delay the release of generic versions of the irritable bowel syndrome drug Xifaxan, in violation of antitrust laws.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef

    A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."

  • August 05, 2026

    Revive Rx Can't End Eli Lilly's Suit Over Tirzepatide Drugs

    A Texas federal judge has denied Revive Rx's bid to end Eli Lilly and Co.'s remaining unfair competition claims over the compounding pharmacy's sales of allegedly unapproved tirzepatide weight loss drugs that Eli Lilly says compete with Mounjaro and Zepbound, rejecting Revive's argument that compounded drugs fall outside state "new drug" laws.

  • August 05, 2026

    PTAB Filings Crashed After Squires And Stewart's Shake-Ups

    The number of America Invents Act filings with the Patent Trial and Appeal Board cratered at the end of 2025 after the U.S. Patent and Trademark Office enacted policies that made the petitions a disfavored route for challenging patents, according to a new report.

  • August 05, 2026

    Fed. Circ. Told Injunction Against Samsung Is Warranted

    Collision Communications Inc. wants the Federal Circuit to undo a Texas federal judge's decision denying its bid to block Samsung from selling products a jury found were infringing, saying the judge "went inexplicably astray" following the $445 million verdict.

  • August 05, 2026

    Brown Rudnick Adds 34 Attys, Will Open Silicon Valley Office

    Brown Rudnick LLP announced on Wednesday that it had lured a 34-attorney intellectual property litigation group from Herbert Smith Freehills Kramer LLP and would be opening a Silicon Valley office with many of those lawyers.

  • August 04, 2026

    Callaway Must Face Rival Golf Co.'s False Ad Suit, Judge Says

    TaylorMade Golf can proceed with a suit alleging TopGolf Callaway tricked customers into thinking it had superior golf balls through misleading UV light demonstrations and misinformation campaigns, a California federal judge said Tuesday, finding TaylorMade sufficiently alleged TopGolf engaged in dishonest advertising that instilled false product quality information.

  • August 04, 2026

    Apple Says Even More OpenAI Workers Stole Trade Secrets

    Apple said Monday it now has reason to believe at least 11 additional former employees retained or used its proprietary information when they left the company for OpenAI, calling the situation at the artificial intelligence company "misappropriation at the organizational level."

  • August 04, 2026

    New Patent Suits Surge As PTAB Challenges Get Tougher

    More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents.

  • August 04, 2026

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law and Ramey LLP have maintained their roles as top patent suit filers, while Fish & Richardson PC and Gillam & Smith LP have remained leaders on defense teams, according to Lex Machina's annual patent litigation report.

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    Ex-Flextronics GC Deputy Can't Ditch Calif. IP Theft Suit

    The former deputy general counsel for Flextronics AP LLC cannot escape litigation alleging he sought to transfer company patents to a startup he secretly co-founded before leaving the Singapore electronics giant subsidiary, a California federal judge has ruled.

  • August 04, 2026

    Udio Can't Shake Off Copyright Suit, But Gets It Moved To NY

    Artificial intelligence music platform Udio has lost its bid to dismiss a proposed class action from a group of songwriters accusing it of copyright infringement, but will now face the claims in New York instead of Chicago.

  • August 04, 2026

    Fed. Circ. Pulls Plug On Wall Socket Injunction In IP Case

    The Federal Circuit on Tuesday vacated an injunction temporarily blocking a company from selling its wall outlet covers while a patent infringement case proceeds against it, faulting a Florida federal court's interpretation of a pair of key claim terms.

  • August 04, 2026

    Fed. Circ. Won't Reopen Lidocaine Patch Patent Suit

    The Federal Circuit on Tuesday declined to reinstate a suit accusing Florida pharmaceutical manufacturer Aveva Drug Delivery Systems of infringing a trio of lidocaine patch patents, shooting down arguments that a lower court misinterpreted key patent language.

  • August 04, 2026

    Gov't Defeats IP Case By Invoking State Secrets Privilege

    The federal government has escaped a lawsuit accusing it of infringing a patent and copyrighted material covering an object-based identification software, after it invoked a privilege related to national security.

  • August 04, 2026

    ArentFox Schiff Enters Silicon Valley With 4 Reed Smith Attys

    ArentFox Schiff LLP announced Tuesday the launch of a Silicon Valley location, its third in California, which will be home base for a four-attorney trademark and brands team coming aboard from Reed Smith LLP.

Expert Analysis

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

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