Intellectual Property

  • 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.

  • August 04, 2026

    Willkie Expands Litigation Bench To Texas With Hilgers Duo

    Willkie Farr & Gallagher LLP has brought its litigation practice to the Lone Star State with a pair of new Dallas-based partners who joined from Hilgers PLLC, one of whom will serve as the firm's new chair of litigation for Texas.

  • August 04, 2026

    9th Circ. Tosses Jack Daniel's Win In 'Bad Spaniels' Fight

    The Ninth Circuit on Tuesday overturned the permanent injunction Jack Daniel's secured against VIP Products in their decade-long trademark fight, ruling in a precedential opinion that the whiskey maker failed to prove the poop-themed "Bad Spaniels" dog toy was likely to tarnish its famous marks.

  • August 04, 2026

    Del. Chancery Partly Revives HKA's Employment Contract Suit

    The Delaware Chancery Court on Monday let HKA Global LLC revive parts of its suit against three former partners and Accuracy US LLC, allowing several new claims while refusing to reinstate contract theories the court had already rejected after voiding key restrictive covenants.

  • August 04, 2026

    Hendrix Bandmates' Estates To Appeal Sony's Royalties Win

    The estates of Jimi Hendrix's former bandmates are set to appeal against a London court ruling that Sony does not owe them any royalties from its streaming of the band's back catalog in the U.K.

  • August 03, 2026

    Nvidia Brass Face Suit Over AI Training Using Pirated Works

    Nvidia's leadership faces a shareholder suit in Illinois federal court alleging they oversaw the development and training of the company's artificial intelligence models using pirated works, including copyrighted books, videos and human speech recordings.

  • August 03, 2026

    Guitar Co.'s New Trial Request In Gibson TM Case Falls Flat

    A Texas federal judge has backed a jury's finding that a Florida-based guitar-maker infringed Gibson Inc.'s trademarks on the shapes of some of its famous guitars, like the Flying V and Explorer, and upheld his order awarding Gibson $168,000.

Expert Analysis

  • 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.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Fed. Circ. In Jan.: On The Validity Of Expert Testimony

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    The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.

  • Reel Justice: 'Sentimental Value' And Witness Anxiety

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    "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • An Instructive Reminder On Appealing ITC Determinations

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    A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

  • Clarifying A Persistent Misconception About Settlement Talks

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    An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

  • Opinion

    Federal Preemption In AI And Robotics Is Essential

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    Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

  • Series

    Law School's Missed Lessons: What Cross-Selling Truly Takes

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    Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

  • What 'Precedential' Decisions Reveal About USPTO's Direction

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    Significant procedural changes at the U.S. Patent and Trademark Office last year have reshaped patent litigation and business strategies and created uncertainty around the USPTO's governing rules, but an accounting of the decisions the office designated as precedential and informative sheds light on the agency's new approach, say attorneys at Sterne Kessler.

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