Intellectual Property

  • October 13, 2026

    In AI Race, Trade Secret Suits Become Popular Safeguard

    Fierce competition for artificial intelligence engineers and the relative paucity of intellectual property protections for AI technologies have companies turning to trade secret litigation as a powerful tool they can wield against competitors and former employees, attorneys say.

  • October 13, 2026

    Groups Ask Justices To Hear Apple's ITC Industry Rule Fight

    The Federal Circuit wrongly continued the degradation of the U.S. International Trade Commission's domestic industry requirement in patent disputes by sustaining a decision that Apple Watches infringe Masimo Corp.'s patents, groups supporting Apple's petition told the U.S. Supreme Court on Tuesday.

  • October 13, 2026

    Fed. Circ. Pressed To Undo $61M IP Verdict Against Samsung

    A nonprofit representing tech giants including Amazon, Google and Intel told the Federal Circuit on Friday the court should overturn a $61 million jury verdict against Samsung for infringing a single standard-essential 5G patent.

  • October 13, 2026

    7th Circ. Wrong On TM Interest Ruling, High Court Told

    A company that makes apparel with the U.S. Army slogan "This We'll Defend" has told the U.S. Supreme Court that the circuits are "deeply divided" on the issue of prejudgment interest and that a case where the Seventh Circuit affirmed a $229,000 prejudgment interest award against it would serve as the ideal vehicle to resolve the split.

  • October 13, 2026

    ITC Probing Vicor Rivals For AI Power System Infringement

    The U.S. International Trade Commission announced it will investigate claims made by Vicor Corp. that several rivals are importing patent-infringing power delivery systems typically used in high-performance computing such as artificial intelligence, setting up possible import exclusions.

  • October 13, 2026

    Reddit Fights Proskauer's 'Hot Potato' AI Client Bid In IP Suit

    Reddit Inc. has urged a New York federal judge to block its former law firm Proskauer Rose from defending Perplexity AI in Reddit's suit over alleged data scraping used to train artificial intelligence models, arguing the firm can't represent Perplexity after dropping Reddit as a client like ‌a "hot potato."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

  • October 13, 2026

    Character.AI Files Ch. 11 With $20M Sale Bid From Disney

    Artificial intelligence entertainment platform Character Technologies has filed for Chapter 11 protection in Delaware with more than $50 million in debt, saying it was sunk by high operating and legal costs and plans an asset auction with a baseline $20 million bid from Disney.

  • October 09, 2026

    Atty With False AI Citation Filings Ordered To Pay $39K

    A New York federal judge who imposed case-terminating sanctions on an attorney who submitted filings with false citations generated by artificial intelligence ordered him on Friday to pay nearly $39,000 to lawyers who uncovered the problematic AI use, noting he had given them the "runaround" when they tried to collect directly.

  • October 09, 2026

    Taiwanese Tech Co. Asks To Toss Device Update Patent Suit

    Taiwanese technology-maker Getac Holdings Corp. has asked a Texas federal judge to dismiss a patent infringement suit brought by Media Key LLC over a patent covering methods of remotely updating smart device applications, saying the suit was nothing more than a threadbare pleading that didn't connect Getac to the patent.

  • October 09, 2026

    Pictiva, Samsung Resolve LED Television Patent Cases

    Samsung and Irish patent licensing company Pictiva Displays have resolved two cases accusing Samsung of infringing patents covering light-emitting diodes after the patent board knocked out one of Pictiva's patents tied to a $191.4 million verdict.

  • October 09, 2026

    Gene Therapy Patent Suit Against Sarepta Comes To Close

    Sarepta Therapeutics Inc. no longer has to face a lawsuit accusing it of infringing a University of Pennsylvania gene therapy patent licensed by clinical-stage biotechnology company Regenxbio Inc. after the parties told a Delaware federal judge they agreed to end the case.

  • October 09, 2026

    Activision Gets PTAB To Invalidate IP From Gaming Fight

    The Patent Trial and Appeal Board has thrown out more than a dozen claims in a Milestone Entertainment gaming patent that the company accused Activision Blizzard Inc. of infringing with Candy Crush Saga and other games in a California federal court lawsuit.

  • October 09, 2026

    Shein Accused Of Using Unlicensed Music In Sponsored Ads

    Fast-fashion retailer Shein was hit with a federal copyright infringement lawsuit in Michigan on Friday from music publishing company Music L.A.A. Inc., which accused the retailer of using its registered beats without permission in sponsored social media campaigns.

  • October 09, 2026

    Can Trade Secret Law Protect Indigenous Knowledge?

    As the U.S. and other countries struggle to agree on new international protections for Indigenous knowledge, trade secret law is drawing renewed attention as a possible solution for material that communities actually keep confidential.

  • October 09, 2026

    Microsoft Gets Azure Cloud Computing Patent Suit Narrowed

    A Texas federal judge has trimmed a suit by a patent-holding company accusing Microsoft of infringing patents covering improvements in virtualization and cloud monitoring, tossing allegations of infringement that occurred before the company obtained the patents.

  • October 09, 2026

    Amazon Wants Out Of Website Patent Suit, Citing EBay Ruling

    Amazon said Thursday it shouldn't have to face a lawsuit accusing it of infringing a pair of patents on customizing access to websites, telling a Washington federal court that not only are the patents expired, the inventions were not patent eligible in the first place.

  • October 09, 2026

    Squires Grants 4 PTAB Petitions, Rejects 3 In New Drop

    U.S. Patent and Trademark Office Director John Squires has instituted four new America Invents Act reviews at the Patent Trial and Appeal Board and turned down three in his newest mass order.

  • October 09, 2026

    DJ Says Ex-Managers Betrayed Her With Co-Ownership Claim

    A DJ and record producer has pushed back against her former managers' claims that she owes £200,000 ($265,000) in commission, arguing that she ended their deal only after they improperly tried to obtain copyright ownership of her label.

  • October 09, 2026

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

    The past week in London has seen PrivatBank sue its former oligarch owner, building materials provider Kingspan face a €100 million ($112 million) claim over Grenfell Tower cladding and energy giants VaroPreem and Viaro Energy become embroiled in an intellectual property row.

  • October 08, 2026

    New USPTO GC Vows Government Won't 'Micromanage' IP

    John Duffy, the new U.S. Patent and Trademark Office general counsel and acting solicitor, told patent professionals gathered in San Francisco on Thursday that the economic use of patent rights is best handled by the private sector and that governments here and elsewhere shouldn't "micromanage the commerce of intellectual properties."

  • October 08, 2026

    NASCAR Rivals Must Yield Race Setups In Trade Secrets Suit

    Joe Gibbs Racing LLC and rival NASCAR team Spire Motorsports must produce their race-car setups for the 2025 and 2026 seasons in their contested trade secrets battle, a North Carolina magistrate judge has ruled, but not without first lamenting the onslaught of discovery disputes he's been saddled with resolving.

  • October 08, 2026

    Fired Bassist Drops Conn. Contract Suit Against Metal Band

    The co-founder and longtime bass player for Grammy-nominated metal band Hatebreed has withdrawn a Connecticut state court lawsuit against the musical ensemble's singer and a related corporate entity, dropping all allegations his 2024 ouster was a breach of contract that caused him emotional distress.

  • October 08, 2026

    Boston Scientific Brings Heart Puncture Patent Suit

    Boston Scientific has sued Johnson & Johnson-owned medical device company Atraverse Medical Inc., claiming it infringed a patent covering a method of puncturing heart tissue.

  • October 08, 2026

    Ex-Patent Commissioner Joins IP Advocacy Group Board

    The U.S. Patent and Trademark Office's former acting patent division leader has been named as a new advisory board member of the Council for Innovation Promotion after leaving the agency in April, the advocacy group has announced.

Expert Analysis

  • Resetting For Success After Corporate Litigation Loses Focus

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    Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

  • How Bifurcation And Verdict Forms Can Sway Jury Outcomes

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    The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • What To Expect From Colorado's New Artist Co. Structure

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    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • What Trial Teams Should Know About AI Jury Research Tools

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    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Cannabis, Psychedelics Boom Raises IP Hurdles

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    Recent data regarding patent filing activity and litigation in the cannabis and psychedelics markets indicates that as commercial interest accelerates, the scope of publicly accessible prior art is also expanding, setting a higher bar for novelty and nonobviousness in patent applications, say attorneys at Sterne Kessler.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • How Quantum Risk Could Reshape Legal Obligations

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    As federal policy, National Institute of Standards and Technology standards, and major market practice converge around postquantum cryptography, companies may need to safeguard their data now to prove they took reasonable measures to protect trade secrets from quantum computers that do not exist yet, say attorneys at MoFo.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

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