Intellectual Property

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Boeing Is Pressed For Financial Records In NASA IP Row

    Wilson Aerospace LLC asked a Washington federal judge to compel the Boeing Co. Inc. to turn over financial materials and other documents that have information relevant to their dispute over technology used in NASA's moon program.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    Squires Says RPIs Must Be Named If They Can Control Cases

    The U.S. Patent and Trademark Office director explained why he rejected Viance LLC's challenge of a Koppers Performance Chemicals Inc. patent, faulting Viance for failing to disclose real parties in interest and writing that a company's mere ability to control a challenger makes it an RPI.

  • August 18, 2026

    Netflix Says Tyra Banks Signed Away Editorial Control Of Doc

    Netflix and the producers behind a docuseries about "America's Next Top Model" asked a California federal judge to dismiss Tyra Banks' defamation lawsuit, arguing her allegations are nothing more than "complaints about ordinary editorial decisions" that are protected by free speech laws.

  • August 18, 2026

    Author Says Consulting Firm Stole Leadership Programs

    An author and executive leadership keynote speaker claimed in Colorado federal court Tuesday that the consulting firm he used to work with stole his copyrighted educational content after terminating a 15-year working relationship, according to the complaint.

  • August 18, 2026

    FAA Contractor Says Ex-VP, Competitor Cannot Use Its IP

    A Federal Aviation Administration contractor asked a Virginia federal court to prohibit its former vice president and his new company from recruiting the firm's employees and using its proprietary information, saying their actions could cause irreparable harm to its business.

  • August 18, 2026

    PE Music Rights Co. Sues Anthropic, Suno Over AI Training

    Private equity music publisher Round Hill Music has sued Anthropic, Suno and web-scraping provider Bright Data in separate federal lawsuits in California, accusing the companies of "rampant commercial copying" of thousands of its copyrighted songs and lyrics without permission to build and train artificial intelligence systems.

  • August 18, 2026

    Sofia Vergara's Underwear Co. Moves To Nix AI Deepfake Suit

    EBY urged a California federal judge to dismiss a content creator's suit alleging that, while she agreed to be a brand ambassador, the underwear company used AI to create a "deepfake" version and publish a video where she appeared partially nude, arguing Monday that the video is not "pornography" as commonly understood.

  • August 18, 2026

    Fed. Circ. Won't Revive PTAB Challenge Of Westport Patents

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board was right when it declined to eliminate claims in a pair of fuel injection patents owned by Westport Fuel Systems Canada Inc., saying that Mercedes-Benz and an engineering and technology company didn't prove the invention's obviousness.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    DSW, Sony Strike Deal In Social Media Music Copyright Fight

    Sony Music Entertainment and DSW's parent company, Designer Brands, have reached a settlement in principle in a copyright infringement suit accusing the shoe retailer and related companies of using more than 100 copyrighted songs in social media advertising without authorization, according to a notice filed in California federal court.

  • August 18, 2026

    Rising Star: Steptoe's Robert Kappers

    Steptoe LLP partner Robert Kappers helped Express Mobile revive a district court infringement case against GoDaddy and then won $170 million at the subsequent trial, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 18, 2026

    ITC Probing Transformers Over Trade Secrets Theft Claim

    The U.S. International Trade Commission has opened an investigation into a California transformer manufacturer's claims that an Indian competitor stole its trade secrets in order to accelerate its entrance into the U.S. market, along with false advertising and trademark infringement claims.

  • August 18, 2026

    Fla. Jury Sides With Condo Owner In Marco Beach TM Trial

    A Florida federal jury has sided with a Marco Island condominium owner and his rental businesses in a trademark lawsuit brought by the developer behind the Marco Beach Ocean Resort, finding they did not infringe the resort's name or crest logo or engage in unfair competition.

  • August 18, 2026

    Jack Daniel's IP Atty Returns To Baker McKenzie In Dallas

    Baker McKenzie has boosted its commercial practice group with a Dallas-based partner who returned to the firm after nearly a decade of in-house intellectual property work with Jack Daniel's Properties Inc.

  • August 17, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    The U.S. International Trade Commission cannot constitutionally resolve a private patent dispute or bar the importation and domestic sales of an infringing party, Altria told the Fourth Circuit on Monday, asking the appellate court to block the vaping patent case Juul has brought before the ITC.

  • August 17, 2026

    DOI Settles 'Peanuts' Music Infringement Claim For $20K

    The U.S. Department of the Interior has agreed to pay $20,000 to the steward of the "Peanuts" television and film music catalog to put to rest claims that the government used music from "A Charlie Brown Christmas" on its social media pages without permission, according to an announcement made Monday.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Apple Hit With Derivative Suit Over AI Copyright Infringement

    Apple executives and directors are facing a stockholder derivative action claiming they've been knowingly using copyrighted materials to develop Apple's artificial intelligence services — an unlawful business strategy they knew could lead to litigation from copyright holders, the plaintiff told a California federal court.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    JPMorgan Loses State Trade Secret Claims In Data Suit

    JPMorgan Chase Bank cannot pursue state law trade secret claims against a data analytics company over the alleged misuse of credit card data supplied for regulatory purposes, with a Delaware federal judge ruling Monday that the bank still hasn't tied that conduct to Delaware or Ohio.

  • August 17, 2026

    Judge Suggests Narrowing Patent Suit Against Southwest

    A federal magistrate judge in the Northern District of Texas has recommended that the court eliminate one patent claim from Intellectual Ventures' infringement lawsuit against Southwest Airlines and foreclose presuit damages for some claims, but otherwise preserved the patent-holding company's case.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Judge Flags NASCAR's 'Thorny Problems' With Counterfeiters

    A North Carolina federal judge Monday blocked foreign retailers from selling counterfeit NASCAR gear online but stopped short of shutting down their e-commerce storefronts, saying it's not within the court's purview to combat counterfeiting where the law may fall short.

Expert Analysis

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

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