Intellectual Property

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Judge Tosses 'Free' Wi-Fi Calling Fraud Claim Against Carriers

    A D.C. federal judge blasted a Wi-Fi-calling patent holder's antitrust and RICO suit against the major telecom carriers in court Wednesday, dismissing claims that the carriers misled consumers about their Wi-Fi calling offerings, but he did give the plaintiff a chance to refile its antitrust complaint.

  • August 05, 2026

    Shipcom Says Navy Sub Worked Outside Approved Orders

    Shipcom Federal Solutions LLC asked a Texas federal court to toss a lawsuit seeking to recover nearly $4.6 million for products and services delivered for a U.S. Navy project, saying its subcontractor is attempting to escape responsibility for its own actions.

  • August 05, 2026

    Graphic Designer Agrees To End $31M Brewery Logo Suit

    A long-running dispute over the ownership of Atlanta-based SweetWater Brewing's leaping trout logo came to an end Wednesday, with the logo's creator agreeing to drop his suit alleging the brewery continued using it without permission after a $366 million acquisition by Aphria Inc. in 2020.

  • August 05, 2026

    Judge Backs Magistrate Judge's Order On 3rd-Party NIL Deals

    A California federal judge said she won't reverse a magistrate judge's decision rejecting a bid by college athletes seeking to limit oversight of third-party name, image and likeness deals under their landmark $2.78 billion class settlement with the NCAA.

  • August 05, 2026

    Aetna, Others Hit Pharma Cos. With Xifaxan Pay-To-Delay Suit

    Health insurance companies Aetna Inc., Health Care Service Corp. and Molina Inc. have sued multiple pharmaceutical companies in Pennsylvania state court in Pittsburgh, alleging that the defendants conspired to delay the release of generic versions of the irritable bowel syndrome drug Xifaxan, in violation of antitrust laws.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef

    A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."

  • August 05, 2026

    Revive Rx Can't End Eli Lilly's Suit Over Tirzepatide Drugs

    A Texas federal judge has denied Revive Rx's bid to end Eli Lilly and Co.'s remaining unfair competition claims over the compounding pharmacy's sales of allegedly unapproved tirzepatide weight loss drugs that Eli Lilly says compete with Mounjaro and Zepbound, rejecting Revive's argument that compounded drugs fall outside state "new drug" laws.

  • August 05, 2026

    PTAB Filings Crashed After Squires And Stewart's Shake-Ups

    The number of America Invents Act filings with the Patent Trial and Appeal Board cratered at the end of 2025 after the U.S. Patent and Trademark Office enacted policies that made the petitions a disfavored route for challenging patents, according to a new report.

  • August 05, 2026

    Fed. Circ. Told Injunction Against Samsung Is Warranted

    Collision Communications Inc. wants the Federal Circuit to undo a Texas federal judge's decision denying its bid to block Samsung from selling products a jury found were infringing, saying the judge "went inexplicably astray" following the $445 million verdict.

  • August 05, 2026

    Brown Rudnick Adds 34 Attys, Will Open Silicon Valley Office

    Brown Rudnick LLP announced on Wednesday that it had lured a 34-attorney intellectual property litigation group from Herbert Smith Freehills Kramer LLP and would be opening a Silicon Valley office with many of those lawyers.

  • August 04, 2026

    Callaway Must Face Rival Golf Co.'s False Ad Suit, Judge Says

    TaylorMade Golf can proceed with a suit alleging TopGolf Callaway tricked customers into thinking it had superior golf balls through misleading UV light demonstrations and misinformation campaigns, a California federal judge said Tuesday, finding TaylorMade sufficiently alleged TopGolf engaged in dishonest advertising that instilled false product quality information.

  • August 04, 2026

    Apple Says Even More OpenAI Workers Stole Trade Secrets

    Apple said Monday it now has reason to believe at least 11 additional former employees retained or used its proprietary information when they left the company for OpenAI, calling the situation at the artificial intelligence company "misappropriation at the organizational level."

  • August 04, 2026

    New Patent Suits Surge As PTAB Challenges Get Tougher

    More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents.

  • August 04, 2026

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law and Ramey LLP have maintained their roles as top patent suit filers, while Fish & Richardson PC and Gillam & Smith LP have remained leaders on defense teams, according to Lex Machina's annual patent litigation report.

  • August 04, 2026

    11th Circ. Backs $12M Battery IP Award, But Drops Damages

    The Eleventh Circuit on Tuesday affirmed a Florida federal jury's conclusion that a battery charger company infringed a competitor's trademarks with Amazon advertisements and other communications and upheld a $12.1 million disgorgement order — although it ordered a new trial on a separate $1.3 million damages award.

  • August 04, 2026

    Ex-Flextronics GC Deputy Can't Ditch Calif. IP Theft Suit

    The former deputy general counsel for Flextronics AP LLC cannot escape litigation alleging he sought to transfer company patents to a startup he secretly co-founded before leaving the Singapore electronics giant subsidiary, a California federal judge has ruled.

  • August 04, 2026

    Udio Can't Shake Off Copyright Suit, But Gets It Moved To NY

    Artificial intelligence music platform Udio has lost its bid to dismiss a proposed class action from a group of songwriters accusing it of copyright infringement, but will now face the claims in New York instead of Chicago.

  • August 04, 2026

    Fed. Circ. Pulls Plug On Wall Socket Injunction In IP Case

    The Federal Circuit on Tuesday vacated an injunction temporarily blocking a company from selling its wall outlet covers while a patent infringement case proceeds against it, faulting a Florida federal court's interpretation of a pair of key claim terms.

  • August 04, 2026

    Fed. Circ. Won't Reopen Lidocaine Patch Patent Suit

    The Federal Circuit on Tuesday declined to reinstate a suit accusing Florida pharmaceutical manufacturer Aveva Drug Delivery Systems of infringing a trio of lidocaine patch patents, shooting down arguments that a lower court misinterpreted key patent language.

  • August 04, 2026

    Gov't Defeats IP Case By Invoking State Secrets Privilege

    The federal government has escaped a lawsuit accusing it of infringing a patent and copyrighted material covering an object-based identification software, after it invoked a privilege related to national security.

  • August 04, 2026

    ArentFox Schiff Enters Silicon Valley With 4 Reed Smith Attys

    ArentFox Schiff LLP announced Tuesday the launch of a Silicon Valley location, its third in California, which will be home base for a four-attorney trademark and brands team coming aboard from Reed Smith LLP.

  • August 04, 2026

    Willkie Expands Litigation Bench To Texas With Hilgers Duo

    Willkie Farr & Gallagher LLP has brought its litigation practice to the Lone Star State with a pair of new Dallas-based partners who joined from Hilgers PLLC, one of whom will serve as the firm's new chair of litigation for Texas.

Expert Analysis

  • Celebs May Need Federal Protection To Fight Voice Deepfakes

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    Deepfakes and digital replicas are increasingly misappropriating celebrities' voices for commercial purposes, but unless federal right of publicity protections are developed, celebrities are left to rely on ill-equipped trademark and state law, say attorneys at Brown Rudnick.

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Defense Patent Holiday's Real Prize May Be Collab Potential

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    The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

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