Intellectual Property

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    Hearst Must Face TM Suit Over 'First Warning' Weather Marks

    A New York federal judge has largely rejected Hearst's attempt to dismiss Gray Local Media's trademark complaint over "First Warning Weather" and "First Warning Traffic," finding the phrases sufficiently similar to Gray's "First Alert" marks to support a plausible claim of consumer confusion.

  • September 29, 2026

    Disney's Antitrust Case Against InterDigital Paused

    InterDigital has convinced a Delaware federal judge to press pause on a lawsuit brought by Disney accusing the technology development company of refusing to offer reasonable licenses on patents for video streaming.

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    Nvidia Sued Over 5 Data Center Networking Patents

    Nvidia is facing a suit filed Tuesday in Texas federal court over claims that its data centers were infringing a set of networking patents once held by technology company Avaya Inc.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

  • September 29, 2026

    After Remand, Wis. Judge Again Wipes Out Lens Patent Claims

    A Wisconsin federal judge has ruled that two patents covering eyeglass lenses were invalid after his previous order invalidating them was overturned by the Federal Circuit, ruling that an earlier patent disclosed the asserted patents' claimed methods.

  • September 29, 2026

    USPTO Details Best Practices For Subject Matter Declarations

    Patent applicants submitting declarations explaining why their patents are eligible under Section 101 of the Patent Act should hand in those statements separately from other evidence and also send them in sooner rather than later, U.S. Patent and Trademark Office Director John Squires recommended on Tuesday.

  • September 29, 2026

    Baker Botts Atty Disputes Inventor's Claim Of Defamation Deal

    A Baker Botts LLP patent attorney is pushing back on an inventor's claim that they reached a settlement agreement in the inventor's defamation suit in Florida federal court.

  • September 29, 2026

    Article Had 'No Good Reason' To Use Playboy Pic, Judge Says

    A New York federal judge has denied business-to-business publisher Haymarket Media Inc.'s bid to escape a suit brought by Playboy over use of one of the magazine's photographs, saying that there "was no good reason" for Haymarket to use the photo in an article about Playboy's choice to bring nudity back to its magazine.

  • September 29, 2026

    Qualcomm Presses High Court To Ignore FedEx RPI Dispute

    Qualcomm wants the U.S. Supreme Court to skip a bid from FedEx to examine the Federal Circuit's refusal to review whether the technology company complied with real-party-in-interest requirements in a patent challenge, arguing the same type of dispute won't likely come up again.

  • September 29, 2026

    Agtech Biz Founder Loses Chancery Judge Recusal Bid

    A Delaware Chancery Court magistrate has denied a motion from HerdDogg Inc.'s founder to recuse himself from presiding over litigation she brought seeking to place the agricultural technology company into receivership, saying "unequivocally" that the founder had not shown disqualification would be appropriate.

  • September 29, 2026

    3rd Circ. Affirms Thomson Reuters' Westlaw AI Copyright Win

    The Third Circuit on Tuesday upheld Thomson Reuters' victory against Ross Intelligence Inc. in the first U.S. appellate ruling to address whether artificial intelligence training can be fair use of copyrighted material, upholding a Delaware federal court's decision that the startup infringed Westlaw headnotes by using material derived from them to develop an AI-powered legal search tool.

  • September 29, 2026

    Novo Inks $2.6B License For Once-Weekly GLP-1 Pill

    Novo Nordisk said Tuesday that it will pay Hengrui Pharma up to $2.6 billion for the right to market a GLP-1 weight loss pill that patients could potentially take just once per week.

  • September 28, 2026

    Grok-Maker Can't Get Deepfake Suit Paused Or Transferred

    Elon Musk's artificial intelligence company must continue battling a proposed class action brought by women suing over Grok-generated deepfakes of them in sexual situations, a California federal judge ruled Monday, declining to pause or transfer the suit to Texas.

  • September 28, 2026

    Senate Passes Protect College Sports Act

    The Senate voted 77-22 on Monday night to pass legislation to impose sweeping regulations on college sports, a multibillion dollar industry. 

  • September 28, 2026

    Bayer's COVID Vax IP Suits Against Moderna, Pfizer Survive

    Bayer CropScience was cleared to pursue its patent infringement suits against COVID-19 vaccine makers Pfizer, BioNTech and Moderna, after a judge sitting in Delaware upheld its cases on Monday.

  • September 28, 2026

    Apple Briefs Set Stage For Challenge To Record $5.7B Verdict

    Friday's $5.7 billion verdict against Apple Inc. for infringing Taction Technology Inc.'s vibration technology patents is the largest in history, eclipsing many others that have been overturned, and filings by Apple preview its arguments for why this one should meet the same fate.

  • September 28, 2026

    Squires Cancels Anniversary Event Amid Ethics Questions

    U.S. Patent and Trademark Office Director John Squires has postponed an unprecedented celebration of his first year in office after it raised a series of ethics concerns, a source with close ties to the agency said Monday.

  • September 28, 2026

    Netflix Gets Atty Fees From Ramey For 'Bad Faith' Conduct

    A California federal judge Monday refused to let intellectual property attorney Bill Ramey off the hook for paying Netflix's attorney fees, attributing nearly $1.4 million to the Houston-based attorney's misconduct, including the concealment of the fact that his client didn't own a patent they accused Netflix of infringing.

  • September 28, 2026

    Fla. Judge Axes Pot Co.'s THC Patent Suit Against Trulieve

    A Florida federal judge on Monday granted cannabis company Trulieve Inc.'s request to toss a rival patent company's complaint alleging Trulieve infringed several of the rival's patents.

  • September 28, 2026

    'Migration' Copying Suit Is For The Birds, Mike White Says

    Universal City Studios, Illumination Entertainment and "White Lotus" creator Mike White urged a California federal judge Monday to toss a writer's lawsuit claiming they stole his script for the 2023 film "Migration," saying the movie is not substantially similar to the unpublished screenplay, and the complaint does not plausibly allege that they had access to it.

  • September 28, 2026

    Sanction Bids In LKQ, GM Patent Case Are Rejected By Judge

    General Motors and a company that got the Federal Circuit to set more flexible standards for assessing whether a design patent is obvious had their requests to sanction each other shot down on Monday in a patent dispute over two vehicle fender designs.

  • September 28, 2026

    US Presses High Court To Skip Tesla Case Over PTAB Review

    The federal government has urged the U.S. Supreme Court to pass on Tesla Inc.'s challenge to the U.S. Patent and Trademark Office's limits on patent challenges, arguing Friday that the agency is under no obligation to grant requests for patent review.

  • September 28, 2026

    News Groups Call Out DOJ's Backing Of Fair Use In AI Fight

    A group of news organizations including The New York Times responded Monday to a letter of interest from the government supporting the view that artificial intelligence companies' use of copyrighted material for training counts as fair use, saying it was inconsistent with the views of the U.S. Copyright Office and the facts of the case.

Expert Analysis

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Defense Patent Holiday's Real Prize May Be Collab Potential

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    The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 10 US Patent Pressure Points For EU Life Sciences Cos.

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    U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • Data Center Boom Brings New Patent Risk For Owners

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    As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • New USPTO Procedure May Be A Boon For Patent Owners

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    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Submitting Ideas To AI Platforms May Affect Patent Rights

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    Recent judicial developments suggest that disclosing an invention to a consumer artificial intelligence platform constitutes public disclosure, making disciplined use of such tools and early filing strategies essential to preserving patent rights, say attorneys at Day Pitney.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

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