Intellectual Property

  • July 27, 2026

    7th Circ. Asked To Clarify Copyright Prevailing Party Status

    A man who successfully defended himself from being held liable for damages when he was sued by a food photography company that claimed his photo of raw meat on Facebook counted as copyright infringement has asked the Seventh Circuit to find that he's the "prevailing party" for purposes of seeking attorney fees.

  • July 27, 2026

    Chobani Can't Escape Danone's Coffee TM Suit

    A New York federal judge on Monday refused to toss Danone's unregistered trademark infringement suit against Chobani over use of the phrase "Bright & Mellow," saying Danone plausibly backed up its argument that the mark was not simply generic.

  • July 27, 2026

    Verano Unit Accused Of Infringing Cannabis Extraction Patent

    A subsidiary of cannabis giant Verano Holdings LLC was hit with a patent infringement suit in Virginia federal court Monday accusing it of ripping off a California company's pioneering technology using safer, low-temperature ethanol extraction processes to obtain oils and compounds from cannabis, which helps avoid the risk of fires or explosions. 

  • July 27, 2026

    Consultant Says Fla. Co., Owner Stole Her Training Model

    A linguist claimed in a Florida federal court that the owner of a job consulting business breached their collaboration agreement and stole a training model she developed, alleging she wasn't given equity in the company as promised and that her copyrighted intellectual property was published in a book without her authorization.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Yale, Biohaven Win $4M In Biotech Trade Secret Trial

    A Delaware federal jury has awarded Yale University and Biohaven Therapeutics $4 million after finding that venture capital firm RA Capital Management GP breached a confidentiality agreement and, along with co-defendant Avilar Therapeutics, misappropriated a Yale-developed trade secret for designing protein-degrading drug molecules.

  • July 27, 2026

    Samsung Owes $92.3M After Judge Boosts Media IP Award

    A Texas federal judge has heaped $13.8 million in prejudgment interest on top of a $78.5 million jury award owed by Samsung after it was found to infringe a pair of patents covering automatic content recognition technology for commercial advertising.

  • July 27, 2026

    AbbVie Seeks Block On Alkem Generic Constipation Drug

    AbbVie Inc. and collaborator Ironwood Pharmaceuticals urged a New Jersey federal court to bar India-based generic-drug maker Alkem Laboratories from selling generic versions of their branded constipation drug while associated patents are active, arguing Alkem would violate patent law by doing so.

  • July 27, 2026

    Ad Patent Claims Against Hulu Are Invalid, Judge Says

    A California federal judge has cleared Hulu from a lawsuit accusing it of infringing patents covering ways to deliver content and advertising through streaming, after finding the patents themselves were invalid to begin with.

  • July 27, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving restrictive covenants, corporate governance, trade secrets, real estate investments, receiverships, and books and records demands.

  • July 27, 2026

    NASCAR Says It's 'Overwhelmed' By 'Mass Counterfeiting'

    NASCAR is cracking down on counterfeit merchandise in a federal lawsuit filed Monday in North Carolina that seeks to block an alleged network of foreign retailers from selling knockoff clothing and collectibles through online marketplaces, social media platforms and search engines like Google.

  • July 27, 2026

    Stewart Leaving USPTO This Week For Private Sector Job

    Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart will leave the office this week to return to the private sector, she told the USPTO executive staff Monday in a message obtained by Law360.

  • July 27, 2026

    End Defamation Claim Against Baker Botts Atty, Court Advised

    A Florida federal magistrate judge has recommended that a defamation claim against a Baker Botts LLP patent attorney be tossed, saying an inventor hasn't shown that the lawyer's comments to a reporter at issue in the case were defamatory.

  • July 27, 2026

    Arnold & Porter Hires King & Spalding ITC-Focused Atty

    Arnold & Porter Kaye Scholer LLP has hired a King & Spalding LLP partner in Washington, D.C., who will continue his intellectual property work focused on the cross-border aspects of technology and life sciences disputes, the firm announced Monday.

  • July 24, 2026

    Phillips 66 Inks Deal To End Patent Case Revived By Fed. Circ.

    Phillips 66 has settled allegations it infringed Magema Technology's oil refinery patents, reaching a deal nearly a year after the Federal Circuit held that ordered a new trial in the yearslong battle.

  • July 24, 2026

    IP Cases In The Spotlight As ITC Adds 5 New Commissioners

    The Senate's confirmation of five new commissioners at the International Trade Commission, including two who were staffers on the intellectual property committees in Congress, could lead to a greater focus on IP cases at the commission and efforts to speed them up, attorneys say.

  • July 24, 2026

    Big Fish Can't Pursue Apple Store Takedown, Dev Says

    An Armenian game developer accused of withholding source code belonging to Big Fish Games urged a Washington federal judge Friday to block the company's attempt to have games removed from the Apple Store.

  • July 24, 2026

    Full Fed. Circ. Urged To Reconsider Pfizer's Paxlovid IP Win

    Enanta Pharmaceuticals is asking the Federal Circuit to rethink its June refusal to revive a patent it had asserted against Pfizer over its COVID-19 treatment Paxlovid, saying the court acted beyond its authority.

  • July 24, 2026

    Daily Beast Sued Over Image Of CEO In Viral Coldplay Incident

    A photographer sued the Daily Beast in New York federal court on Friday for using his image of Andy Byron, the former CEO of software company Astronomer who was caught in a viral "kiss cam" incident at a Coldplay concert.

  • July 24, 2026

    Finch Therapeutics Can Seek Ch. 11 Plan Votes

    A Delaware bankruptcy judge on Friday conditionally approved the disclosure statement for microbiome treatment developer Finch Therapeutics' Chapter 11 plan, allowing it to solicit creditor votes.

  • July 24, 2026

    Yale Age Test, Allergy Death, Wine Royalties: A Midyear Report

    In the second half of 2026, Connecticut courts are being called upon to decide closely watched issues such as whether the state's largest hospital group violated federal disability and age discrimination laws when requiring providers over age 70 to undergo mandatory cognitive tests.

  • July 24, 2026

    NCAA Urges Judge To Not Let Athletes 'Rewrite' NIL Deal

    The NCAA has opposed an effort to relax the oversight of college athletes' third-party branding deals, telling a California federal judge that the players are looking to "rewrite" a historic antitrust settlement. 

  • July 24, 2026

    Fed. Circ. Backs Invalidating More PTAB Railcar Patent Claims

    The Federal Circuit on Friday backed another Patent Trial and Appeal Board decision that claims in an Amsted Rail Co. Inc. patent on monitoring trains were invalid, less than two months after affirming similar board decisions on two other patents.

  • July 24, 2026

    Novo Asks NJ Judge To Stop Lilly's 'Deceptive' GLP-1 Ads

    Novo Nordisk Inc. asked a New Jersey federal court Friday to block rival Eli Lilly & Co. from running ads allegedly comparing their respective GLP-1 drugs using "outdated" clinical trials and "false superiority messages," arguing the ads are damaging its reputation and misleading consumers.

  • July 24, 2026

    Spotify 'Slow-Rolled' Discovery In Audiobook Case, Court Told

    A nonprofit royalties distribution group said Spotify has "slow-rolled" discovery in a case challenging its new method for calculating artist royalties and asked a Manhattan federal judge to order the streaming giant to produce key documents.

Expert Analysis

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Sizing Up The 3-Way Battle For 'Iceman' IP Rights

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    A complex intellectual property conflict is unfolding between athletes Caleb Williams, George Gervin and Chuck Liddell — each of whom has different, credible claims to the "Iceman" nickname and associated trademark rights, say attorneys at Foley & Lardner.

  • Opinion

    Proposed Pro Codes Act Raises Constitutional Concerns

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    If passed, the Pro Codes Act being considered in the U.S. House of Representatives would fundamentally alter how technical standards are treated under U.S. law, and potentially conflict with the Fifth Amendment's takings clause, says Paul Taylor at George Mason University.

  • How The Coming Months Will Shape State Drug Price Boards

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    The future of state prescription drug affordability boards may be determined in the next few months, between an upcoming court decision in a challenge against state authority to set drug prices, and pending state decisions about whether to use federal Medicare maximum fair prices as reference, say Michael Kolber, Steven Chen and Kelechi Ezealaji at Manatt.

  • High Court 'Skinny Label' Case Will Matter To Tech Litigators

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    Hikma v. Amarin, set for oral argument in the U.S. Supreme Court on Wednesday, has potential to affect not just generic drug label-based evidence in patent cases, but also how technology inducement cases are presented and proven, says attorney Abdul Abdullahi.

  • Opinion

    New Legislation May Be Necessary To Fix Flawed Cox Ruling

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    The U.S. Supreme Court's opinion in Cox v. Sony erroneously limited the doctrine of contributory copyright infringement and effectively eliminated such liability for internet service providers, and the most viable option to remedy the damage is to codify the pre-Cox common law of contributory copyright infringement, says Michael Cicero at Mavacy.

  • Reel Justice: 'No Other Choice' And Moral Rationalization

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    In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

  • 5 Trial Lessons You Learn By Losing

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    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

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