Intellectual Property

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Fed. Circ. Vacates $486K, $4M Patent Trial Wins For NCS

    The Federal Circuit on Monday vacated NCS Multistage Inc.'s $486,400 trial victory over Nine Energy Service and its $4 million win against TCO Group, in a pair of disputes about the same oil well drilling patent.

  • September 14, 2026

    Latham Brings On Ex-Gibson Dunn IP Atty In NY

    Latham & Watkins LLP has announced it's growing its intellectual property litigation practice with a partner in New York who joins from Gibson Dunn & Crutcher LLP, bringing years of patent and technical trade secret litigation experience and representing industry titans including Nvidia and Western Digital.

  • September 14, 2026

    Cancer Detection Biotech Lodges Patent Suit Against Rival

    The company behind the colorectal cancer blood test Colvera has hit biotechnology company Grail Inc. with a lawsuit in Delaware federal court claiming the latter's Galleri test infringes a pair of patents.

  • September 14, 2026

    Senators Draw Battle Lines Over Sweeping College Sports Bill

    U.S. senators on Monday made public statements on their positions either for or against a bill aimed at comprehensively regulating college sports, forecasting a bitter fight over the bill's passage in the upper chamber.

  • September 14, 2026

    CBP Says Stiiizy Redesigned Vapes Still Fall Under Import Ban

    U.S. Customs and Border Protection has ruled Stiiizy had not shown its redesigned vape products can get around a limited importation ban issued by the U.S. International Trade Commission.

  • September 14, 2026

    Victoria's Secret Says UK Retailer Is Making 'PINK' Ripoffs

    Victoria's Secret has alleged a United Kingdom men's shirt business makes women's apparel with "PINK" marks that are sold by retailers like Fashion Nova and Charlotte Russe, and that has prompted consumer confusion and complaints about the quality and appearance of the copycat products.

  • September 14, 2026

    Fla. Resort Developer Says Biased Juror Tainted TM Verdict

    The developer of the Marco Beach Ocean Resort asked for a new trial Friday in its trademark dispute with a condominium owner and his rental businesses, arguing the verdict was tainted by a biased juror and there was insufficient evidence to support fraud or abandonment of the mark.

  • September 14, 2026

    Samsung Seeks Toss Of Dua Lipa Copyright, TM Suit In Calif.

    Samsung has argued that pop singer Dua Lipa's suit over the use of an image of her face on boxes containing Samsung televisions should be thrown out, saying her trademark and copyright claims fall short.

  • September 14, 2026

    Feds Want Justices To Skip Google 'Settled Expectations' Row

    The federal government is telling the U.S. Supreme Court that Google didn't meet the appropriate standard to get the Federal Circuit to look at the company's challenge to the U.S. Patent and Trademark Office's policy of using the age of patents as a reason not to review them.

  • September 14, 2026

    Electrical Co. Claims Ex-Worker Took Trade Secrets To Rival

    Electrical contractor RMS Energy Co. LLC has sued a former employee and the company he jumped to, claiming he downloaded trade secrets, including sensitive pricing information, before he made the switch.

  • September 14, 2026

    K&L Gates Hires 6-Atty Pillsbury Team In California, Texas

    K&L Gates LLP announced Monday that it recently added six attorneys from Pillsbury Winthrop Shaw Pittman LLP to bolster its corporate, intellectual property, litigation, and labor and employment practices.

  • September 14, 2026

    Carlton Fields Pushes To Demand Fees In Miss America Fight

    Carlton Fields has urged a Florida federal court to adopt a magistrate judge's recommendation that the firm be allowed to intervene in a dispute involving its charging lien for unpaid legal fees in a $500 million dispute over the ownership of the Miss America competition.

  • September 14, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

  • September 14, 2026

    Sony, Universal Join Push Against Music Streaming Fraud

    Sony and Universal joined numerous other music companies on Monday in forming a new group aimed at ousting fraudsters who artificially inflate streaming numbers to generate royalty payments.

  • September 11, 2026

    Sam Smith Struggles To End 'Dancing With A Stranger' IP Suit

    A California federal judge said Friday he's unlikely to dismiss a copyright infringement suit accusing pop singers Sam Smith and Normani of copying another song in their 2019 hit "Dancing With a Stranger," saying he's not convinced that case law supports dismissing the suit after the Ninth Circuit revived it.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

  • September 11, 2026

    Copyright Office To Test New Registration System In Late 2026

    The U.S. Copyright Office is making progress on its launch of its new modernized registration system, with plans to start rolling out some functions to Copyright Public Modernization Committee members later this year, leaders said Friday.

  • September 11, 2026

    Verizon Drops T-Mobile Suit Over Ads Claiming $1K Savings

    Verizon has quietly dropped its lawsuit in New York federal court accusing T-Mobile of running advertisements falsely claiming that consumers could save more than $1,000 a year by switching carriers, after Verizon won an injunction earlier this year.

  • September 11, 2026

    Calif. Judge Won't Toss Estee Lauder TM Suit Against Walmart

    A California federal judge has turned down Walmart's bid to dismiss Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, saying the suit's claims over allegedly sham products were up to snuff at this point in the case.

  • September 11, 2026

    Patent Co. Says 'Prejudicial Errors' Merit New DoorDash Trial

    A patent-holding company has asked a Texas federal judge to order a new infringement trial against DoorDash and grant it a favorable judgment on its enablement defense, arguing that the food delivery giant's conduct led to "prejudicial errors."

  • September 11, 2026

    Co. Ordered To Pay Dating Sites $821K Fees They're Owed

    A patent-holding company has been ordered to pay about $821,000 in attorney fees and costs to eHarmony and corporate sibling The Meet Group after its patent infringement suits failed in light of the U.S. Supreme Court's Alice test.

  • September 11, 2026

    Sod Co. Rehashing Discovery Fight In Sanctions Bid, Defendants Say

    A Colorado sod company is attempting to relitigate a discovery dispute through a motion for sanctions against defendants' counsel in the company's trade secrets case against former workers and competing businesses, the defendants said in a response to the motion for sanctions Thursday.

  • September 11, 2026

    Split Fed. Circ. Backs Amazon's Win Over Network Patent Suit

    A split Federal Circuit panel Friday upheld Amazon's escape from an infringement case over an AlterWAN Inc. network patent, with the dissenting judge saying the panel needlessly went "down the rabbit hole" and arrived at a "flat wrong" claim construction.

  • September 11, 2026

    Fed. Circ. Questions Medical Training Co.'s $100M Deal Theory

    A medical training startup urged the Federal Circuit on Friday to revive claims accusing Galderma of a "classic catch-and-kill strategy" to derail what it says could have been a $100 million deal with Allergan, but a three-judge panel questioned whether that theory had been properly presented below.

Expert Analysis

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

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    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Human Authorship Is Still Central To Copyright Eligibility

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    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • 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.

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