Intellectual Property

  • September 02, 2026

    Reggaeton Suit Fails To ID Copyrighted Work, Judge Says

    A California federal judge has reconsidered an earlier ruling on the copyrighted elements of asserted works in a case dealing with the origins of reggaeton music, finding two musicians did not clearly identify what copyrighted work contains allegedly protectable elements.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    DOJ Backs OpenAI, Microsoft Fair Use Defense In NYT IP Case

    The federal government is weighing in on the sprawling copyright litigation against OpenAI Inc. and Microsoft Corp. in New York federal court brought by The New York Times and others, telling the judge that using copyrighted texts to train generative tools shouldn't expose developers to broad infringement liability.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    Contractor Seeks Redo After Fed. Circ. Vacates $12.7M Award

    A software developer has urged the en banc Federal Circuit to rethink a panel's decision vacating a $12.7 million award against the federal government over unauthorized copies of the company's software, saying the panel wrongly endorsed a hypothetical negotiation between the parties to calculate damages.

  • September 03, 2026

    CORRECTED: Strip Club Signs $340K Insurance Deal In False Ad Suit

    A North Carolina strip club has agreed to assign its insurance rights to five models so they can pursue a $340,000 payout to resolve claims over the club's use of their images in advertisements, according to a filing in federal court.

  • September 02, 2026

    Agency Says Mich. Is Proper Forum For NCAA Poaching Suit

    An Arkansas sports agency has urged a Michigan federal judge to reject a North Carolina rival's bid to dismiss or transfer a lawsuit accusing it of using acquisition talks to obtain confidential information and poach a college basketball player, arguing the rival deliberately conducted name, image and likeness, or NIL, business in Michigan and agreed that Michigan law would govern the parties' nondisclosure agreement. 

  • September 02, 2026

    Finnegan Enters Texas Market With Former USPTO Atty

    Intellectual property law firm Finnegan Henderson Farabow Garrett & Dunner LLP has announced it opened an office in Dallas, its first in Texas, with a former regional director for the U.S. Patent and Trademark Office at the helm.

  • September 02, 2026

    Crowell & Moring's Chicago Head Joins Norton Rose

    Norton Rose Fulbright announced Wednesday it has hired the leader of Crowell & Moring LLP's Chicago office, saying his arrival "advances the firm's continued investment in the consumer markets sector."

  • September 02, 2026

    Logistics Co. Says Ex-Workers Gave Trade Secrets To Rival

    A supply chain and logistics management company is accusing two former employees and a rival trucking company of carrying out a scheme to steal its trade secrets and confidential information, according to a lawsuit filed in Georgia federal court.

  • September 02, 2026

    Ashurst Perkins Adds Dentons IP Atty In NY

    A former Dentons partner has joined Ashurst Perkins Coie's trademark, copyright, internet and advertising practice within the intellectual property division in New York.

  • September 01, 2026

    Samsung Mini LED TVs Lack Actual Mini LED Tech, Rival Says

    Samsung is falsely touting some of its televisions as incorporating advanced Mini LED technology that provides higher quality picture, despite that it simply "recycled" its preexisting low-end standard LED TV and relabeled them as a "supreme" Mini LED, alleges a Lanham Act suit filed Monday in California federal court.

  • September 01, 2026

    Music Publishers Fight To Keep $3B Anthropic IP Case Alive

    Major music publishers on Monday urged a California federal court not to throw out their $3 billion suit accusing Anthropic PBC of "brazen" mass copyright infringement of sheet music and songbooks, arguing that Anthropic's "thin challenges" to their claims mischaracterize the law and disregard their "extensive" allegations.

  • September 01, 2026

    Jason Isbell Says Suno Exploits Identities Like 'The Borg'

    Grammy winner Jason Isbell and several other musicians have lodged a proposed class action in Massachusetts federal court against Suno Inc., accusing the AI music generator company of extracting and exploiting musicians' identifying attributes much like a collective of identity-erasing cybernetic aliens from the Star Trek franchise.

  • September 01, 2026

    Netflix, Ramey Spar Over Patent Suit Atty Fees

    Netflix and prolific patent attorney Bill Ramey have each made arguments for how much Ramey and his firm should be assessed in attorney fees in a patent infringement suit after a California federal court found it was meritless, with Netflix advocating for $3 million from Ramey's firm and his former client, while Ramey requested a finding of no fees or at least lower fees.

  • September 01, 2026

    Copyright Chief Says Cook Ruling Bolsters Firing Challenge

    The U.S. Copyright Office's Shira Perlmutter has asked the D.C. Circuit to reverse a federal judge's refusal to block her firing by the Trump administration, arguing that the U.S. Supreme Court's June decision protecting Federal Reserve Gov. Lisa Cook undercuts the lower court's reason for denying her preliminary relief.

  • September 01, 2026

    Meta Beats UK Co. Suit Over Instagram Shopping For Now

    A California federal judge has ruled in favor of Meta in an antitrust suit from a British company alleging Meta stole its plan for Instagram shopping, saying the injuries that were alleged happened years before the complaint was filed.

  • September 01, 2026

    Broadcom's Bid To Boost Royalties Prompts BMW Patent Suit

    BMW has urged a Texas federal court to declare that the German automaker does not infringe a trio of communication technology patents a Broadcom subsidiary owns, alleging in a complaint that Broadcom has been threatening litigation after BMW refused to renew a license agreement at a much higher price.

  • September 01, 2026

    Meta Says Section 230 Frees It From Doctor's Scam Suit

    Meta Platforms Inc. is urging a California federal court to throw out an Australian doctor's suit alleging that its advertising tools resulted in his name and likeness being used to promote scams, saying evidence now shows that none of its tools introduced his name or likeness.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    BioMarin To Get Royalties From Ascendis Under IP Settlement

    Ascendis Pharma will pay BioMarin Pharmaceutical Inc. royalties under an agreement resolving their patent disputes over competing treatments for children with a certain genetic disorder, ending proceedings at the U.S. International Trade Commission, in California federal court and other venues.

  • September 01, 2026

    Former In-House Atty May Take Whistleblower Claim To Trial

    An Illinois state appellate panel has revived a whistleblower claim a medical device company's former in-house counsel lodged alleging he was fired for refusing to "hide or park" money in the intellectual property division's budget, while upholding the company's early win on other claims.

  • September 01, 2026

    Judge Trims Gospel Singer's Claims In Contract Fight

    A Georgia federal judge has trimmed claims brought by a gospel musician who sued his business manager and record label, claiming that his copyright interests were stolen and he was deprived of royalties.

Expert Analysis

  • Trending Legal Implications Of Employee Influencer Programs

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    Employee-generated content is rapidly becoming a popular marketing strategy, as illustrated by Starbucks' new TikTok program, but it raises several legal risks for employers, including wage and hour exposure, federal disclosure obligations, and intellectual property concerns, say attorneys at Reed Smith.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • 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.

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