Intellectual Property

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Newspapers Claim Articles Were Sold To AI Cos.

    The publisher of The Wall Street Journal and New York Post has lodged counterclaims against Brave Software Inc. in response to its declaratory judgment suit, saying Brave was creating infringing summary versions of copyrighted articles and selling them to artificial intelligence companies.

  • July 22, 2026

    'Moxie' Boutique Says Club's Name Sows Brand Confusion

    The boutique Moxie Mercantile in Charlotte, North Carolina, has accused a new private social and wellness club of copying its name, saying the membership-only club is confusing its longtime customers in the Queen City by also selling jewelry and clothing to the public.

  • July 22, 2026

    Squires Grants 4 IPRs, Issues No Discretionary Denials

    U.S. Patent and Trademark Office Director John Squires has granted four more petitions for inter partes review, bringing his institution rate to just shy of 30%.

  • July 22, 2026

    World Cup Brand Battles Will Outlast Spain's Title Victory

    The 2026 FIFA World Cup came to an end Sunday with Spain winning for the second time in its history, but intellectual property battles are just heating up as companies and individuals seek to capitalize on the global event, experts told Law360.

  • July 21, 2026

    Sony Lobs Another Copyright Suit Against AI Music Generator

    Sony Music Entertainment is pursuing a second copyright infringement action in New York federal court alleging an artificial intelligence company has copied thousands of protected sound recordings to train its AI-powered music generator, after its request to expand the original suit was denied.

  • July 21, 2026

    Warner Bros., HBO Win $105K Atty Fees For 'FBoy' IP Defense

    A New York federal judge Monday awarded HBO and others more than $105,000 in attorney fees and costs after finding the reality TV show "FBoy Island" and documentary "Fake Famous" are not substantially similar to a reality show idea shopped around by a producer.

  • July 21, 2026

    USPTO Calls For More Info In Anonymous Reexam Requests

    The U.S. Patent and Trademark Office on Tuesday called for ending the practice of allowing those requesting patent reexamination to remain completely anonymous, instead proposing a rule that would require them to identify themselves and interested parties to the office, but not the public.

  • July 21, 2026

    Full Fed. Circ. Won't Review Apple's ITC Loss Against Masimo

    The full slate of Federal Circuit judges will not reconsider a panel's determination that Apple has infringed Masimo Corp.'s blood oxygen monitor patents in a high-profile case that led to some Apple Watch imports being banned.

  • July 21, 2026

    2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

    The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

  • July 21, 2026

    Mullen Fights To Keep Patent Suit Against Samsung Alive

    Mullen on Tuesday opposed a magistrate judge's recommendation that the court find invalid its patents covering location-based services on mobile devices asserted against Samsung, saying it is at odds with a recent Federal Circuit decision.

  • July 21, 2026

    Atty Immunity Should Cut Firm From Fee Suit, Judge Says

    A Texas federal judge has recommended letting California law firm Bartko Pavia out of a lawsuit brought by litigation boutique Williams Simons & Landis PC over alleged unpaid legal fees, saying attorney immunity shields the California firm.

  • July 21, 2026

    India-Based AI Founder Says Colo. Court Lacks Jurisdiction

    The former chief business officer and founder of an AI mapping company accused of copying thousands of its rivals' maps told a Colorado federal judge Monday that the court has no jurisdiction over him and that the claims against him must be dismissed.

  • July 21, 2026

    Invisalign Maker Align Keeps PTAB Wins At Fed. Circ.

    The Patent Trial and Appeal Board properly invalidated claims in two Dental Monitoring SAS orthodontia patents, the Federal Circuit affirmed Tuesday.

  • July 21, 2026

    Google's Copyright Claims Over Scraping Tossed, For Now

    A California federal judge has dismissed Google's complaint accusing data-scraping company SerpApi of bypassing technological safeguards to copy and resell the tech giant's search results, ruling that Google did not plausibly allege its anti-scraping system operated with the authority of copyright owners whose content appeared in those results.

  • July 21, 2026

    Acer Can't Escape Ericsson Dispute Over 4G, 5G Patents

    A Delaware federal judge won't throw out Ericsson's suit seeking a finding it didn't infringe Acer Inc. patents covering 4G, LTE and 5G wireless standards, despite Acer filing litigation first in Texas accusing Ericsson's customers of infringement.

  • July 21, 2026

    Thermo Fisher Says TRO Needed To Protect $8.9B Deal

    A Delaware Chancery Court judge said Tuesday he is still weighing whether to temporarily block a former Thermo Fisher Scientific Inc. executive from joining Fortrea Holdings Inc., signaling that the dispute turns on difficult questions about the scope of restrictive covenants while cautioning the parties not to assume how he will rule.

  • July 21, 2026

    Mother Of Musk's Child Asks Texas Court To Toss XAI Suit

    The mother of one of Elon Musk's children has asked a Texas federal court to toss a suit brought by Musk's artificial intelligence company, xAI, that alleges breach of contract, telling the court that xAI's actions constituted "a race to the courthouse dressed up as a lawsuit."

  • July 21, 2026

    Novo's False Ad Suit Against Eli Lilly Ramps Up GLP-1 Rivalry

    Pharmaceutical giant Novo Nordisk Inc. slapped rival Eli Lilly & Co. with a false advertising suit in New Jersey federal court Tuesday, calling a marketing campaign for the rival's weight loss drugs "deceptive" for "withholding critical scientific evidence" about newer GLP-1 formulations.

  • July 21, 2026

    Squires Pressed On 'Board Of Peace' TM Apps He Withdrew

    A Maryland congressman has asked U.S. Patent and Trademark Office Director John Squires for more information about what he said was his "baffling and legally dubious" push to secure trademark protections for President Donald Trump's "Board of Peace."

  • July 21, 2026

    Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

    The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    New Head Of US International Trade Commission Selected

    President Donald Trump has tapped the newest member of the U.S. International Trade Commission to serve as its chair, the ITC announced Tuesday.

  • July 21, 2026

    Centripetal IP Survives Fed. Circ. Despite 'Ghost In The Room'

    A Federal Circuit panel on Tuesday backed a Patent Trial and Appeal Board decision that declined to strike some claims in a cybersecurity patent owned by Centripetal Networks LLC, even if a "ghost in the room" suggests that it's preserving unpatentable claims.

Expert Analysis

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

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