Intellectual Property

  • September 04, 2026

    ITC To Review Part Of Judge's Decision In Tool Patent Row

    The U.S. International Trade Commission will review parts of an administrative law judge's ruling that four patents on glow fish tape and a safety helmet system are not invalid in a legal battle between competing toolmakers.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    DivX Loses Bid For New Patent Trial After Loss To Netflix

    DivX cannot have a new trial over anti-copying and image-quality patents after a California jury cleared Netflix of infringement in March, a federal judge ruled Friday, saying the video compression technology company hasn't shown the jury's decision was not supported by substantial evidence.

  • September 04, 2026

    Split PTAB Gives Amazon Win On Speech Patent

    A split Patent Trial and Appeal Board has found that Amazon was able to show that claims in a speech recognition patent were invalid, the latest in a larger fight involving a patent litigation outfit that targeted the retail giant's Alexa virtual assistant.

  • September 04, 2026

    Microsoft Says Feeding Books And News To AI Is Fair Use

    Microsoft on Friday told a Manhattan federal court that using books and news articles to train the large language model behind the artificial intelligence model Copilot counts as fair use, and the company should therefore be granted a favorable judgment.

  • September 04, 2026

    Licensing Co., TSMC Settle ITC Chip Patent Case

    A company called Longitude Licensing Ltd. has reached a settlement with Taiwan Semiconductor Manufacturing Co. Ltd. to end a case against several technology companies at the U.S. International Trade Commission seeking a ban on imports of certain products.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Trial Dates Vacated In Former Albright Cases, Schedules Stay

    The chief judge of the Western District of Texas has vacated the trial dates and hearings for cases that had been overseen by now-departed U.S. District Judge Alan Albright while the court works to reassign them, but said all other schedules and deadlines remain in effect.

  • September 04, 2026

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

    The past week in London has seen institutional investors file new claims against British American Tobacco and Entain, Jellycat sue multiple British retailers in the patent court, and Shoosmiths LLP targeted in a claim by a property developer.

  • September 03, 2026

    BASF Unit Says Apple Stole Its Face Authentication IP

    A BASF SE subsidiary sued ​Apple in Texas federal court on Thursday alleging infringement of seven of its face authentication patents, saying that the Silicon Valley giant has been using the technology in iPhone ‌and ⁠iPad models without authorization or license.

  • September 03, 2026

    Altria Loses Constitutional Challenge To ITC Patent Cases

    A Virginia federal judge on Thursday shut down a suit by Altria claiming that U.S. International Trade Commission patent proceedings are unconstitutional, rejecting Altria's bid to halt an ITC vape patent case against it brought by Juul and granting summary judgment to the commission.

  • September 03, 2026

    Most Of Corteva's IP Claims Against Inari Move Along

    A Delaware federal court Thursday kept most claims alive in a case over seed intellectual property brought by Corteva Agriscience ahead of a trial set to begin later this month.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    X Secures Order Barring Startup's Use Of 'Twitter' Marks

    A Delaware federal judge blocked Operation Bluebird Inc. from using the Twitter brand Thursday at the request of X Corp., which sought an injunction after founder Elon Musk changed the company's name.

  • September 03, 2026

    8 Patent Reviews Instituted By Squires, Only 1 Denied

    In his latest round of decisions, U.S. Patent and Trademark Office Director John Squires instituted eight patent reviews Wednesday and rejected only one challenge.

  • September 03, 2026

    Fed. Circ. Judge's Post-Decision Recusal Won't Lead To Redo

    U.S. Circuit Judge Richard G. Taranto's decision to recuse himself from a case based on newly inherited Amazon stock is not enough to justify reconsidering the opinion he'd already issued, the Federal Circuit has ruled.

  • September 03, 2026

    Fed. Circ. Solidifies Vifor Win Over Iron Deficiency Patent

    The Federal Circuit on Thursday affirmed a lower court's decision that pharmaceutical company Vifor did not infringe a patent covering a method of making iron supplements asserted by rival Biofer.

  • September 02, 2026

    Walmart Says IP Suit Docs Can't Be Used In Malpractice Case

    Walmart has asked an Arkansas federal court to order food tech startup Zest Labs to comply with a protective order from the parties' settled trade secret dispute and block it from disclosing Walmart's confidential information in Zest's malpractice suit against its former attorneys.

  • September 02, 2026

    USPTO Policies Spur Reps To Float Conditions On Fee Power

    Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    ITC Reinstates Sun Import Ban Win After Squires Intervention

    The U.S. International Trade Commission has cleared a ban against Biofrontera dermatology device imports that infringe Sun Pharmaceuticals patents, following changes at the Patent Trial and Appeal Board.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    Reggaeton Suit Fails To ID Copyrighted Work, Judge Says

    A California federal judge has reconsidered an earlier ruling on the copyrighted elements of asserted works in a case dealing with the origins of reggaeton music, finding two musicians did not clearly identify what copyrighted work contains allegedly protectable elements.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    DOJ Backs OpenAI, Microsoft Fair Use Defense In NYT IP Case

    The federal government is weighing in on the sprawling copyright litigation against OpenAI Inc. and Microsoft Corp. in New York federal court brought by The New York Times and others, telling the judge that using copyrighted texts to train generative tools shouldn't expose developers to broad infringement liability.

Expert Analysis

  • Other Transaction Authority May Change Military Construction

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    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • Trending Legal Implications Of Employee Influencer Programs

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    Employee-generated content is rapidly becoming a popular marketing strategy, as illustrated by Starbucks' new TikTok program, but it raises several legal risks for employers, including wage and hour exposure, federal disclosure obligations, and intellectual property concerns, say attorneys at Reed Smith.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • USPTO Practitioner Roster Reflects A More Veteran Workforce

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    An analysis of the U.S. Patent and Trademark Office's Office of Enrollment and Discipline practitioner roster reveals a widening demographic imbalance between new practitioners and those with more experience, but despite this trend, an expected falloff in practitioner numbers has yet to arrive, says Ian Schick at Paximal.

  • 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.

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