Intellectual Property

  • September 18, 2026

    AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

    A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?

  • September 18, 2026

    Lenovo Drops Laptop IP Suit Against Asus After ITC Loss

    Lenovo has voluntarily dismissed its patent infringement suit against Asus, more than a year after the U.S. International Trade Commission held that ASUS' Zenbook laptop imports don't infringe many of the same patents.

  • September 18, 2026

    McGraw-Hill Can't Exit Authors' Textbook Royalty Suit

    A Manhattan federal judge has refused to grant publisher McGraw-Hill a win in litigation brought by textbook authors over book royalties, ruling that a reasonable jury could conclude there was a breach of a section of their publishing agreements.

  • September 18, 2026

    DraftKings' Owner Urges PTAB To Invalidate Lutnick's Patent

    The owner of DraftKings has asked the Patent Trial and Appeal Board to invalidate a mobile wagering system patent that lists U.S. Secretary of Commerce Howard Lutnick as its lead inventor.

  • September 18, 2026

    Ex-Animal Rescue Dir. Owes $975K In TM Feud, Judge Says

    A Pennsylvania federal judge has awarded animal shelter and rescue Last Chance Ranch a $975,000 judgment against its former director, saying the cyberpiracy and trademark infringement merited damages and attorney fees.

  • September 18, 2026

    Stratasys Secures $27.6M After Printing Tech Patent Trial

    American-Israeli 3D printing company Stratasys has won a $27.6 million verdict after a Texas federal jury found that a group of Chinese companies infringed a series of patents covering technology relating to 3D printing.

  • September 18, 2026

    Justices Told Inventorship Decision Will Have 'Absurd Result'

    A fencing company wants the U.S. Supreme Court to take up its challenge to a Federal Circuit finding that the omission of a co-inventor on its patents covering an outdoor railing product rendered them invalid in an infringement suit against a rival.

  • September 18, 2026

    Apple Says Ex-Worker Took 33 Files, Wiped Mac For OpenAI

    Apple has told a California federal judge that a former engineer now at OpenAI downloaded at least 33 confidential files from Apple's Box repository after his departure, wiped an Apple-owned computer before returning it, and later told another former Apple employee who had joined OpenAI to erase her device.

  • September 18, 2026

    Fla. Firm Looks To Dodge Bank's DQ Bid In Trade Secrets Suit

    Florida-based Trenam Law fought Friday against a disqualification bid in a trade secrets case over residential solar lending technology, arguing that its prior representation of defendant Climate First Bank ended two years ago and was limited to handling a few real estate deals.

  • September 18, 2026

    Nike Drops Fitness Mirror Patent Case Against Lululemon

    Nike has agreed to drop its suit alleging Lululemon's smart fitness mirror infringed six patents, a move that follows Patent Trial and Appeal Board rulings that invalidated claims across the patents.

  • September 18, 2026

    Patent Atty Can't Stop His USPTO Discipline Case

    An Ohio federal court rejected a patent attorney's suit looking to stop U.S. Patent and Trademark Office disciplinary proceedings against him, saying Friday that he misread a "plain, unambiguous and easily understood" statute in making his failed constitutional challenge.

  • September 18, 2026

    Mall, Gift Card Cos. Can Get Fees In Payment IP Suit

    Shopping mall owner Simon Property Group and gift card company Blackhawk Network are entitled to fees from a patent-holding company after that company pursued an unreasonable infringement case over a card payment patent, a Texas federal magistrate judge has found.

  • September 18, 2026

    Pickleball Paddle-Maker Settles Most Patent Suits With Rivals

    Pickleball paddle-maker Joola said it had resolved most of the nearly dozen patent infringement lawsuits it filed against its rivals, announcing it had most recently reached a settlement with Friday Labs LLC.

  • September 18, 2026

    Universal, Sony Expand IP Battle With AI Music Startup

    Sony Music Entertainment and Universal Music Group launched a new suit against artificial intelligence company Suno Inc. on Friday after they discovered "millions" of copyrighted songs in the training data for an AI song generator, but were not permitted by a judge to add the works to an existing lawsuit.

  • September 18, 2026

    Varnum Adds IP Atty From Hueston Hennigan

    Varnum LLP has added an intellectual property attorney from Hueston Hennigan LLP with prior in-house experience to bolster its litigation and alternative dispute resolution practice team.

  • September 18, 2026

    Campbell's Can't Undo $17M Soup Rack Patent Verdict

    An Illinois federal judge has refused to nullify a $17 million patent infringement verdict against Campbell's Soup Co., rejecting its claims that a reasonable jury would have awarded only nominal damages to Gamon at most.

  • September 18, 2026

    Carlton Fields Can Fight For Fees In Miss America Case

    A Florida federal judge has ruled that Carlton Fields can intervene in a dispute involving its charging lien for unpaid legal fees in a $500 million fight over the ownership of the Miss America competition, saying the firm has a "sufficient interest" to intervene.

  • September 18, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Victoria's Secret and Thomas Pink file competing IP claims, more than 1,000 retail consumers launch a group action against Binance, Baker Hughes targeted in a commercial claim by its former Russian subsidiary and university students hit four British institutions with breach of contract claims over pandemic-era closures.

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    LinkedIn Secures Ban On Sweeping Data Scraping Operations

    A California federal judge finalized an agreement that permanently bars a pair of software companies accused of running "industrial-scale" data scraping mills that extracted information from millions of LinkedIn profiles from accessing the professional networking platform and requires them to destroy any data they've obtained. 

  • September 17, 2026

    DC Judge Scolds Feds Over Delays In VLSI's FOIA Fight

    A D.C. federal judge on Thursday granted the government a second extension to respond to VLSI's summary judgment motion in litigation over redactions to a "whistleblower" report, but chastised the feds over a "lack of prioritization and commitment" to the court's deadlines.

  • September 17, 2026

    'Astonishing Theft': Microsoft, OpenAI Staff Reckoned With AI

    Microsoft and OpenAI employees internally acknowledged for years that AI tools trained on news articles would likely replace publishers, leading to a "doom loop," with a Microsoft director calling it "an astonishing theft of unprecedented proportions" and potentially the "largest theft of labor in human history," documents unsealed Thursday show.

  • September 17, 2026

    'Fart Proof' Underwear Reeks Of TM Infringement, Suit Says

    The maker of Little Trees car air fresheners has hauled underwear company Shinesty Inc. into New York federal court, accusing it of infringing the fresheners' iconic evergreen tree design by using "confusingly similar" tree designs on "fart proof" underwear.

  • September 17, 2026

    Skycom Engineer Says Huawei Was His Real Boss In Iran

    A Tehran-born engineer who has since become a U.S. citizen on Thursday testified that he worked for Huawei on projects for the Iranian government, despite technically being employed by what prosecutors say was a thinly veiled subsidiary that the Chinese telecommunications company used to evade U.S. sanctions.

  • September 17, 2026

    Joe Gibbs Racing Demands Sanctions For Deleted Texts

    Joe Gibbs Racing LLC wants its former competition director sanctioned for allegedly failing to preserve key evidence after he deleted text messages with the owner of a rival NASCAR team where he is now employed as chief motorsports officer.

Expert Analysis

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

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    Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • CIPA Tech Tracking Suits Highlight Uncertain Legal Ground

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    Alexandra Samofalova at Spencer Fane discusses the state of California Invasion of Privacy Act website tracking litigation, why credible defendants choose to settle and how the businesses best positioned to face this uncertain legal landscape are the ones treating data practices as a legal compliance matter to address today.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

  • At The Intersection Of Right-To-Repair Laws And IP Rights

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    Right-to-repair legislation passing through Congress highlights a broad tension between manufacturers' security measures and consumer autonomy, with important repercussions for the automotive industry's intellectual property rights, says Keith Noe at Lando & Anastasi. 

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

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