Intellectual Property

  • September 28, 2026

    Bayer's COVID Vax IP Suits Against Moderna, Pfizer Survive

    Bayer CropScience was cleared to pursue its patent infringement suits against COVID-19 vaccine makers Pfizer, BioNTech and Moderna, after a judge sitting in Delaware upheld its cases on Monday.

  • September 28, 2026

    Apple Briefs Set Stage For Challenge To Record $5.7B Verdict

    Friday's $5.7 billion verdict against Apple Inc. for infringing Taction Technology Inc.'s vibration technology patents is the largest in history, eclipsing many others that have been overturned, and filings by Apple preview its arguments for why this one should meet the same fate.

  • September 28, 2026

    Squires Cancels Anniversary Event Amid Ethics Questions

    U.S. Patent and Trademark Office Director John Squires has postponed an unprecedented celebration of his first year in office after it raised a series of ethics concerns, a source with close ties to the agency said Monday.

  • September 28, 2026

    Netflix Gets Atty Fees From Ramey For 'Bad Faith' Conduct

    A California federal judge Monday refused to let intellectual property attorney Bill Ramey off the hook for paying Netflix's attorney fees, attributing nearly $1.4 million to the Houston-based attorney's misconduct, including the concealment of the fact that his client didn't own a patent they accused Netflix of infringing.

  • September 28, 2026

    Fla. Judge Axes Pot Co.'s THC Patent Suit Against Trulieve

    A Florida federal judge on Monday granted cannabis company Trulieve Inc.'s request to toss a rival patent company's complaint alleging Trulieve infringed several of the rival's patents.

  • September 28, 2026

    'Migration' Copying Suit Is For The Birds, Mike White Says

    Universal City Studios, Illumination Entertainment and "White Lotus" creator Mike White urged a California federal judge Monday to toss a writer's lawsuit claiming they stole his script for the 2023 film "Migration," saying the movie is not substantially similar to the unpublished screenplay, and the complaint does not plausibly allege that they had access to it.

  • September 28, 2026

    Sanction Bids In LKQ, GM Patent Case Are Rejected By Judge

    General Motors and a company that got the Federal Circuit to set more flexible standards for assessing whether a design patent is obvious had their requests to sanction each other shot down on Monday in a patent dispute over two vehicle fender designs.

  • September 28, 2026

    US Presses High Court To Skip Tesla Case Over PTAB Review

    The federal government has urged the U.S. Supreme Court to pass on Tesla Inc.'s challenge to the U.S. Patent and Trademark Office's limits on patent challenges, arguing Friday that the agency is under no obligation to grant requests for patent review.

  • September 28, 2026

    News Groups Call Out DOJ's Backing Of Fair Use In AI Fight

    A group of news organizations including The New York Times responded Monday to a letter of interest from the government supporting the view that artificial intelligence companies' use of copyrighted material for training counts as fair use, saying it was inconsistent with the views of the U.S. Copyright Office and the facts of the case.

  • September 28, 2026

    WordPress Parent Ducks Extortion But Not Antitrust Claims

    A California federal judge issued a mixed ruling last week in the two-way fight between WordPress parent Automattic and web hosting company WPEngine, dismissing digital extortion claims against Automattic while preserving WPEngine's antitrust allegations, and preserving Automattic counterclaims of trademark infringement but dismissing false advertising accusations.

  • September 28, 2026

    Most Of Artist's Suit Over Lego 'Queer Eye' Jacket Survives

    A Connecticut federal judge has refused to toss copyright claims in a suit accusing Lego of ripping off a leather jacket designer's work after it appeared on the Netflix show "Queer Eye," but agreed that a trade dress claim had to go.

  • September 28, 2026

    NASCAR Team Says Docket Error Doesn't Warrant Default

    Joe Gibbs Racing has asked a North Carolina federal judge not to hand its former competition director and his current NASCAR team an entry of default over an inadvertently missed deadline, arguing it has so far participated fully in the litigation.

  • September 28, 2026

    Judge Cuts Patent Claims Against Volvo Over Payment Data

    A Delaware federal judge has knocked out claims that a division of Volvo infringed a digital payment hub patent owned by ModoPayments, but kept alive the lawsuit's copyright infringement claims.

  • September 28, 2026

    Del. High Court Adds To Vet Patent Indemnity, Strikes Interest

    The Delaware Supreme Court has issued a mixed ruling in a veterinary implant patent dispute, holding a company's founder liable for his share of a $9.8 million license and about $2.4 million more in defense fees while striking millions in prejudgment interest he had been ordered to pay.

  • September 28, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week heard arguments over whether to dismiss a derivative suit accusing UiPath Inc. insiders of misleading investors and trading on inside information, while a Match Group Inc. stockholder sued for records concerning reports of sexual assault and other violence involving users of the company's dating apps.

  • September 28, 2026

    FTC Touts 'Dismantling' Of Corteva's Pesticide Rebates

    The Federal Trade Commission on Monday touted its new settlement with Corteva Inc. for severely constricting the pesticide company's ability to pay distributors a loyalty rebate in exchange for limiting sales of cheaper generics, the latest in a string of agreements Trump-era antitrust enforcers have struck ending existing claims.

  • September 28, 2026

    Seed Patent Dispute Settles 3 Days Into Trial

    Corteva Agriscience and Inari Agriculture Inc. have settled a seed intellectual property dispute three days into a Delaware federal trial over whether the latter infringed three patents and misappropriated seed samples.

  • September 28, 2026

    Burford Eyes $1.4B Of $5.7B Patent Trial Verdict Against Apple

    Burford Capital said it is entitled to $1.4 billion of last week's historic $5.7 billion patent infringement jury verdict against Apple, but the litigation funder cautioned Monday that the massive payday could still evaporate on appeal.

  • September 25, 2026

    Perplexity Stole Wake-Word Tech For AI Assistant, Suit Alleges

    Perplexity AI absconded with proprietary technology to create a wake-word system for its artificial intelligence assistant, a Swiss startup alleges in a trade secrets misappropriation lawsuit filed in California federal court in San Francisco.

  • September 25, 2026

    Fed. Circ. Backs Nixing Of Speech Patent In 'Hey Siri' Dispute

    The Patent Trial and Appeal Board was right to fully invalidate a speech recognition patent that Apple stands accused of infringing, the Federal Circuit held Friday.

  • September 25, 2026

    Teva, Apotex Don't Infringe Sleep Drug Patents, Judge Finds

    Generic drugmakers Teva Pharmaceuticals and Apotex Inc. have secured an order from a Delaware federal court that they do not infringe patents asserted by Vanda Pharmaceuticals that cover the sleep drug Hetlioz.

  • September 25, 2026

    Clothing Cos. Infringed Beer Brands' Trademarks, Suit Says

    Two Colorado clothing companies infringed the trademarks of several popular beer brands by using counterfeit marks on the clothing items and submitting fraudulent documents with forged signatures to online sales platforms in support of the items' sales, according to a lawsuit in Colorado federal court.

  • September 25, 2026

    USPTO Is Seeing A Rise In Continued Examination Requests

    Requests for continued examination of patent applications have ballooned at the U.S. Patent and Trademark Office, a trend attributed in part to the agency's success at decreasing the backlog of new applications.

  • September 25, 2026

    Fake Warhols Dealer Fails To Appear At Sentencing

    A Miami art dealer who admitted to selling fake Andy Warhol works to his gallery clients failed to show up to his sentencing hearing on Friday, forcing a Florida federal judge to reschedule it for one week later while the government and his attorney try to track him down.

  • September 25, 2026

    PTAB Invalidates Challenged Claims In Breast Pump Patent

    The Patent Trial and Appeal Board on Friday ruled that all claims Shenzhen Root Technology Co. Ltd. challenged in a Willow Blossom wearable breast pump patent are invalid on numerous grounds.

Expert Analysis

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • The Risks And Rewards Of 3 Patent Review Pilot Programs

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    The U.S. Patent and Trademark Office's new pilot programs seek to reduce the patent examination backlog by offering opportunities for faster review, but applicants should proceed carefully to avoid an application losing its accrued patent term adjustment award — or being involuntarily abandoned, says David Gass at Marshall Gerstein.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

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    In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Quantifying Damages In Product Launch Delay Allegations

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    In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Protecting Quantum Innovation As The Sector Commercializes

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    As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Shopify Settlement Clouds Open-Source Copyright Limits

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    Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

  • What Data Says About Biologics-Related Ex Parte Challenges

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    An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.

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