Intellectual Property

  • August 28, 2026

    'Troubled' 7th Circ. Finds No Harm From Benesch Atty Conflict

    While "troubled" by an ex-Benesch Friedlander Coplan & Aronoff LLP partner's decision to take on a client's trade secrets suit while negotiating a move from Benesch to the defendant company's outside counsel, the Seventh Circuit agreed Friday that the displeased client cannot pursue her legal malpractice claim.

  • August 28, 2026

    Patent Marking Case Will Shape License Talks And Damages

    A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing talks and give defendants a route to limit or escape damages in some cases, attorneys say.

  • August 28, 2026

    AbbVie 'Concocted' Cancer Drug IP Claims, Biotech Firm Says

    Biotech firms ProfoundBio and Genmab urged a Seattle federal judge Thursday to throw out rival AbbVie's lawsuit accusing two of its former employees of taking trade secrets on cancer therapies to ProfoundBio, arguing AbbVie's claims are time-barred, and the information wasn't a protectable trade secret.

  • August 28, 2026

    'Friday The 13th' Creators Say Game Publisher Hid Royalties

    Creators of the "Friday the 13th" franchise alleged in a Friday suit that a video game publisher withheld up to $4.5 million in royalties from sales of a "Friday the 13th" video game that it was licensed to distribute and destroyed reports that proved how much it owed.

  • August 28, 2026

    American Airlines Can't Shake Intellectual Ventures IP Suit

    A Texas federal judge declined Friday to toss a patent infringement suit against American Airlines over in-flight Wi-Fi, finding the patent licensing company Intellectual Ventures has made enough of a case for the suit to proceed.

  • August 28, 2026

    Apple Is Infringing 5G Tech Patents, Longhorn Affiliate Says

    Apple was hit with a patent suit in Texas federal court Friday by a Longhorn IP affiliate alleging the Silicon Valley tech behemoth is infringing its innovative 5G wireless technologies that are found in some of the defendant's iPhones and iPads.

  • August 28, 2026

    Judge Upholds Robert Bosch Victory In Fuel Patent Trial

    A Texas federal judge has refused to grant a Canadian fuel system company a new trial in its patent infringement case against engineering firm Robert Bosch, saying the company had not met the high standard to overturn a jury verdict.

  • August 28, 2026

    Lamar Jackson's Post-MVP Success Can't Save 'Era 8' TM Bid

    The Trademark Trial and Appeal Board has blocked Baltimore Ravens quarterback Lamar Jackson's bid to register "Era 8 By Lamar Jackson" for clothing and bags, citing a prior default and his failure to use the mark on the bags when he filed his application.

  • August 28, 2026

    Samsung Secures Invalidity Ruling In Mullen Patent Suit

    A Texas federal judge on Friday put an end to a suit alleging that the location-based services on Samsung mobile devices infringe Mullen Industries patents, agreeing with a magistrate judge's determination that the patents were invalid.

  • August 28, 2026

    Trader Joe's Must Face Smucker's TM Suit Over Uncrustables

    Trader Joe's will have to face Smucker's trademark infringement suit accusing the retailer of swiping its intellectual property to market its own copycat version of crustless PB&J sandwiches, after an Ohio federal judge ruled Friday the plaintiff "sufficiently pled fame to survive a motion to dismiss." 

  • August 28, 2026

    Fed. Circ. Shifts T-Mobile Patent Settlement Fight To 5th Circ.

    The Federal Circuit on Friday sent an appeal from T-Mobile stemming from a patent litigation settlement to the Fifth Circuit, ruling that is proper because the Eastern District of Texas had jurisdiction when the appeal was filed.

  • August 28, 2026

    ITC Probes If Apple Stole Tech For Swapping Contact Info

    The U.S. International Trade Commission is investigating a claim that Apple's smart devices infringe a patent covering exchanges of contact information, but a judge will first determine whether the company bringing the claim has sufficient U.S. presence, the agency said Friday.

  • August 28, 2026

    Uber Cars Not Enough To Establish Venue, Judge Says

    A Texas federal magistrate judge has recommended tossing patent infringement claims against Uber Technologies Inc., saying ride-hailing drivers' homes and cars being based in the district was not enough to establish jurisdiction over the company.

  • August 28, 2026

    Buchalter Adds Litigator In Atlanta From Chamberlain Hrdlicka

    Buchalter PC has added a former Chamberlain Hrdlicka White Williams & Aughtry shareholder in its Atlanta office, strengthening its litigation practice with an attorney with significant experience representing businesses in commercial litigation and creditor rights matters, according to an announcement Friday.

  • August 28, 2026

    Fed. Circ. Backs Retailers' Win Over E-Commerce Patent Suits

    The Federal Circuit on Friday refused to reinstate litigation accusing Bath & Body Works and fashion retailer The Buckle of infringing an e-commerce patent, affirming a Texas federal district court's decision to dismiss the legal fight on two separate grounds.

  • August 28, 2026

    Parse Owes $4.9M In Cell Analysis Patent Case, Jury Finds

    A Delaware federal jury put Parse Biosciences Inc. on the hook for $4.9 million after finding Friday that the biotechnology company infringed a trio of Roche Sequencing Solutions Inc. patents covering a way of detecting target molecules in cell samples.

  • August 28, 2026

    Judge Says BlackRock Stake Doesn't Warrant IP Case Recusal

    A federal judge overseeing several Delaware patent lawsuits brought by Monolithic Power Systems Inc. has decided that he will not step aside despite owning stock in BlackRock Inc., which recently disclosed an ownership stake of more than 10% in Monolithic.

  • August 28, 2026

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

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 27, 2026

    5th Circ. Diverts From 9th Circ.'s Copyright Server Test

    The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

  • August 27, 2026

    Peeps TM Suit Hops Along But Rival's Candy Can't Be Blocked

    A New Jersey federal judge has rejected a bid to toss Peeps maker's trademark infringement suit against a rival candy maker, but he also refused to block the rival from selling bunny-shaped marshmallows, finding that it's unlikely consumers would be confused by the candies' different packaging.

  • August 27, 2026

    Ugg-Maker Beats Rival Footwear Co.'s Antitrust Suit, For Now

    A California federal judge on Thursday tossed Quince's antitrust suit alleging Deckers uses sham trade dress litigation to block rivals, ruling Quince didn't sufficiently plead a sham litigation exception to the Noerr-Pennington doctrine, which immunizes businesses from antitrust liability for petitioning activity, but allowed Quince a chance to amend.

  • August 27, 2026

    Boeing Calls Moon Tech Discovery Demand A 'Goose Chase'

    The Boeing Co. has pushed back against Colorado-based Wilson Aerospace's bid to force the disclosure of nearly 12 years' worth of financial records in an intellectual property dispute over technology used in a NASA moon exploration program, calling the discovery request "overbroad and unduly burdensome."

  • August 27, 2026

    Quectel Owes $3M For Infringing Philips Patent, Jury Says

    A Delaware federal jury awarded $3 million in damages Thursday and found Quectel Wireless Solutions had willfully infringed a telecommunications patent held by Dutch consumer electronics giant Philips.

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    Guardant Suits Against Tempus AI Clear Dismissal Bids

    A Delaware federal judge has refused to throw out litigation accusing Tempus AI Inc. of infringing Guardant Health Inc. patents covering technology used to analyze cancer-related genetic data and help guide testing and treatment.

Expert Analysis

  • 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.

  • 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.

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