Intellectual Property

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    LinkedIn Secures Ban On Sweeping Data Scraping Operations

    A California federal judge finalized an agreement that permanently bars a pair of software companies accused of running "industrial-scale" data scraping mills that extracted information from millions of LinkedIn profiles from accessing the professional networking platform and requires them to destroy any data they've obtained. 

  • September 17, 2026

    DC Judge Scolds Feds Over Delays In VLSI's FOIA Fight

    A D.C. federal judge on Thursday granted the government a second extension to respond to VLSI's summary judgment motion in litigation over redactions to a "whistleblower" report, but chastised the feds over a "lack of prioritization and commitment" to the court's deadlines.

  • September 17, 2026

    'Astonishing Theft': Microsoft, OpenAI Staff Reckoned With AI

    Microsoft and OpenAI employees internally acknowledged for years that AI tools trained on news articles would likely replace publishers, leading to a "doom loop," with a Microsoft director calling it "an astonishing theft of unprecedented proportions" and potentially the "largest theft of labor in human history," documents unsealed Thursday show.

  • September 17, 2026

    'Fart Proof' Underwear Reeks Of TM Infringement, Suit Says

    The maker of Little Trees car air fresheners has hauled underwear company Shinesty Inc. into New York federal court, accusing it of infringing the fresheners' iconic evergreen tree design by using "confusingly similar" tree designs on "fart proof" underwear.

  • September 17, 2026

    Skycom Engineer Says Huawei Was His Real Boss In Iran

    A Tehran-born engineer who has since become a U.S. citizen on Thursday testified that he worked for Huawei on projects for the Iranian government, despite technically being employed by what prosecutors say was a thinly veiled subsidiary that the Chinese telecommunications company used to evade U.S. sanctions.

  • September 17, 2026

    Joe Gibbs Racing Demands Sanctions For Deleted Texts

    Joe Gibbs Racing LLC wants its former competition director sanctioned for allegedly failing to preserve key evidence after he deleted text messages with the owner of a rival NASCAR team where he is now employed as chief motorsports officer.

  • September 17, 2026

    Texas Judge Suggests Moving Toilet Parts False Ad Suit To Trial

    A Texas federal magistrate judge has recommended denying a motion by toilet parts maker Danco Inc. to throw out a rival's false advertising suit, saying there are questions of fact about whether Danco misled consumers on the water-saving qualities of its products.

  • September 17, 2026

    Justices Told Fed. Circ. Erred In Veterinary Software Feud

    A healthcare consulting services company wants the U.S. Supreme Court to review the Federal Circuit's refusal to revive its copyright and contract claims in a fight over rights to healthcare software for a U.S. Army veterinary records system.

  • September 17, 2026

    Fla. Tech Co. Says Ex-Execs Stole Web Browser Code

    A technology company has brought a Florida federal lawsuit accusing its former executives of quitting and running off with its trade secrets, alleging they went on to form a business that builds a competing web browser with stolen computer code. 

  • September 17, 2026

    Amazon Sued For Use Of 'Drunk Shakespeare' In 'Off Campus'

    Producers of the live comedy theatrical productions "Drunk Shakespeare" sued Amazon in Florida federal court Thursday, alleging that an episode of Amazon's streaming college romantic drama "Off Campus" infringed their trademark by copying aspects of the productions and using the "Drunk Shakespeare" name.  

  • September 17, 2026

    NC Sports Agency Aims To Sink Rival's Poaching Suit

    A North Carolina sports agency has urged a Michigan federal judge to throw out a lawsuit from a rival company over the alleged poaching of a sought-after college athlete, saying the claims are too thin to proceed.

  • September 17, 2026

    Local Publishers Say OpenAI, Microsoft Stole Their News

    More than two dozen regional, local, trade and specialty publishers have sued OpenAI Inc. and Microsoft Corp. in New York federal court, alleging the companies copied hundreds of thousands of copyrighted articles without permission to train products including ChatGPT and Microsoft Copilot.

  • September 17, 2026

    Industry Groups, IP Attys Back High Court PTAB Denials Case

    The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership.

  • September 17, 2026

    Fed. Circ. Approves $3.2M In Atty Fees In Diamond IP Case

    The Federal Circuit on Thursday affirmed a $3.2 million award of attorney fees to Fenix Diamonds LLC from the Carnegie Institution of Washington and its bankrupt former patent licensee M7D Corp., agreeing with a district judge that the asserted patent infringement claims were objectively baseless.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    Full Fed. Circ. Won't Rethink Pfizer's Paxlovid IP Win

    The full Federal Circuit on Thursday won't disturb a panel's refusal to revive a patent that Enanta Pharmaceuticals had accused Pfizer of infringing through its blockbuster Paxlovid COVID-19 treatment.

  • September 17, 2026

    Greenberg Traurig Lands Jones Day Life Science Pro In Calif.

    A longtime Jones Day patent attorney and former medicinal chemist has brought his practice to Greenberg Traurig LLP in San Diego.

  • September 17, 2026

    Fed. Circ. Reverses Denial Of Catheter Patent Claim

    The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to give patent protection to the first claim in an Incept LLC medical catheter patent, saying the board needs to take another look.

  • September 16, 2026

    Birkenstock Rival Can't Stomp Out Shoe IP Suit Before Trial

    A Massachusetts federal judge refused Wednesday to grant White Mountain a partial win on Birkenstock's infringement claims in a fight over shoe designs, finding that there are too many factual disputes to determine on summary judgment whether Birkenstock waited too long to sue, so the case must be tried.

  • September 16, 2026

    Goldman Unit Funded Compass Lexecon Raid, Suit Says

    FTI Consulting Inc. and its subsidiary Compass Lexecon have asked a Maryland federal judge to add a Goldman Sachs unit to a long-running suit alleging two former Compass Lexecon employees broke away from the firm and founded a competitor that unlawfully poached clients and talent from the FTI subsidiary using capital from Goldman.

  • September 16, 2026

    New Balance Sues Decathlon Over Kiprun Sneakers 'K' Design

    New Balance hit Decathlon America LLC with a trademark infringement lawsuit over a new line of Kiprun running shoes, with the Boston-based company telling a Massachusetts federal court that the Kiprun design is "virtually identical" to the famous "N" New Balance logo.

  • September 16, 2026

    NFL Players Union Settles Trading Card Licensing Dispute

    The National Football League Players Association has reached a settlement with a Texas-based trading card manufacturer accused of producing and selling NFL-themed trading cards featuring players' likenesses without a license from the union, according to an order filed in Virginia federal court.

  • September 16, 2026

    American Eagle Accused Of Infringing 'Overslept' TM

    A New York sleepwear company sued American Eagle on Wednesday over claims of trademark infringement after the apparel giant launched a line of sleepwear called "Overslept," a trademark that is already registered by the plaintiff.

  • September 16, 2026

    Calif. AI Law Requires Ads To Disclose 'Synthetic Performers'

    Advertisements shown in California that feature artificial intelligence-generated actors must explicitly disclose that such "synthetic performers" were used under a new SAG-AFTRA-backed bill that California Gov. Gavin Newsom signed into law Wednesday.

Expert Analysis

  • Trump's AI Order Is Strategic, Not Merely Deregulatory

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    Although the framework presented in President Donald Trump’s recent executive order on artificial intelligence is styled as voluntary and innovation-friendly, it creates a new soft-power mechanism for bringing the most capable AI systems into closer alignment with federal security priorities, says Jesse Lemon at The Beckage Firm.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Guitar Shape Controversy Highlights Nuances Of IP Protection

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    A recent German case related to Fender's efforts to secure intellectual property protection for its Stratocaster guitar design highlights a structural tension inherent in IP law — the designs that most successfully become embedded in the cultural landscape are the hardest to justify exclusive ownership of, say attorneys at Spencer West.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • TTAB's Everwise Decision Highlights Token-Use Pitfalls

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    The Trademark Trial and Appeal Board's recent cancellation of Everwise Credit Union's registration for the standard character mark "Everwise Credit Union" offers a detailed road map for practitioners on both sides of reexamination proceedings, and a blunt warning on specimen strategy, say attorneys at Akerman.

  • Reel Justice: 'Tuner' And Modern Juror Sympathy

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    In “Tuner,” the main character’s criminal behavior is framed as an extension of his vulnerability, talent and loyalty, demonstrating how narratives of sympathy shape perceptions of culpability, and why jurors may reinterpret wrongdoing through story and emotion rather than evidence and doctrine, says Veronica Finkelstein at WilmU Law.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • Tips For Litigating Life Sciences Investigations At The ITC

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    The International Trade Commission may soon become a significant battleground for life sciences companies as global intellectual property and trade disputes continue, increasing the importance of learning the ITC's unique considerations and litigation strategies, say attorneys at Crowell & Moring.

  • Unsecured Synthetic Royalties May Be Returning

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    Recent royalty monetization deals mark a notable shift in a market that had largely moved away from unsecured synthetic royalty structures after a multiyear freeze triggered by the Mallinckrodt bankruptcy decision in 2022, which exposed a legal risk inherent to the structure, says Peter Schwartz at Covington.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

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