Intellectual Property

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

  • July 30, 2026

    Ex-Greenberg Traurig Atty Named Acting Patent Commish

    A former principal shareholder at Greenberg Traurig LLP has been promoted to acting commissioner for patents at the U.S. Patent and Trademark Office, according to his LinkedIn profile.

  • July 30, 2026

    CBP Outlines Rates, Classifications For Pharma Tariffs

    U.S. pharmaceutical giants aren't expected to face various tariff rates up to 100% on certain imported patented drugs and ingredients beginning Friday, but all importers must begin to classify their goods that will eventually be subject to the duties, according to customs guidance published Thursday.

  • July 30, 2026

    8th Circ. Agrees Chartreuse Color Can't Save Hose Maker's TM

    The Eighth Circuit on Thursday declined to revive a trademark that was asserted in a case brought by a water hose manufacturer against a competitor, agreeing with a federal judge who ruled the chartreuse color of the hoses was a functional feature and therefore invalidated the trademark.

  • July 30, 2026

    Squires Erases PTAB Ax Of Dermatology IP Upheld At ITC

    U.S. Patent and Trademark Office Director John Squires has thrown out the Patent Trial and Appeal Board's finding that Biofrontera Inc. had shown that all the challenged claims of a Sun Pharmaceutical Industries Inc. patent on a photodynamic dermatology device are invalid as obvious.

  • July 30, 2026

    Fed. Circ. OKs Samsung Win Over Patent Tied To $81M Award

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a patent covering standard-essential 5G wireless network technology that Samsung was directed to pay $81 million for infringing, rejecting G+ Communications LLC's procedural and evidentiary arguments.

  • July 30, 2026

    WDTX Jury Awards $1.5M In Lighting Patent Retrial

    A Texas federal jury has awarded Chinese company Jiaxing Super Lighting almost $1.5 million in damages from rivals found to have infringed an LED tube lamp patent, a year after the Federal Circuit ordered a new trial.

  • July 30, 2026

    Impossible Foods Gets New TM Trial On Punitive Damages

    A California federal judge has ordered a new trial on punitive damages against Impossible Foods in a case over the "Impossible" trademark, ruling that the $1.75 million in punitive damages a jury awarded lifestyle brand Impossible X was against the clear weight of trial evidence.

  • July 30, 2026

    XAI Can't Unmask Jane Does In Deepfake Suit, Judge Says

    A California federal judge on Thursday declined to order a group of women suing xAI Corp. over Grok-generated deepfakes of them in sexual situations to reveal their identities and allowed them to proceed pseudonymously, finding their fears of threatened harm and retaliation from having to disclose their real names were reasonable.

  • July 30, 2026

    Squires Grants 6 Patent Petitions, Denies 4 In New Order

    U.S. Patent and Trademark Office Director John Squires has granted six requests for America Invents Act patent reviews and rejected four in his latest batch of decisions.

  • July 30, 2026

    Fed. Circ. Revives Schmeisser Gun Magazine Patent Suit

    The Federal Circuit on Thursday reversed a Wyoming judge's decision that found a firearm patent invalid as indefinite, reviving a preliminary injunction against a Bosnian gun part-maker that the lower court had dissolved.

  • July 29, 2026

    USC Says Caltech Can't Claim Ownership In Multiplexing IP

    The University of Southern California sued a former professor in Los Angeles County Superior Court on Tuesday claiming he and two other inventors impermissibly assigned their rights in multiplexing technology, allegedly developed using USC's resources, to Caltech, which claims sole ownership over it and sued other entities for patent infringement.

  • July 29, 2026

    1st Circ. Mulls Temu's Bid To Reinstate Suit Against IP Atty

    A First Circuit panel seemed torn Wednesday over whether to revive Chinese e-commerce giant Temu's lawsuit accusing an intellectual property attorney of lying to induce the company into settlements with two clients.

  • July 29, 2026

    Patent Co. IP Suit Against Amazon Should Go On, Judge Says

    A Texas federal judge has recommended denying Amazon's motion for a win on standing grounds in a lawsuit asserting software network patents, finding that even though the inventors of those patents worked for different companies when they conceived the intellectual property, Edge Networking Systems LLC could assert them.

  • July 29, 2026

    Forum Clause Dooms ITC Trade Secret Case Against BMW

    A U.S. International Trade Commission judge has made an initial finding to close a trade secret investigation into BMW's imports of infotainment screens targeted by a California technology company, citing an agreement between the parties saying their disputes had to be hashed out in Germany.

  • July 29, 2026

    Disney Says 'Avatar' Likeness Suit Came 16 Years Late

    Director James Cameron and Disney have asked a California federal judge to dismiss a lawsuit brought by actor Q'orianka Kilcher alleging her face was used to craft the face of a main character in the 2009 film "Avatar," saying Kilcher had waited an unreasonable 16 years to make her claim.

  • July 29, 2026

    J&J Says Cancer Drug Study Sinks Bayer's False Ad Claims

    Johnson & Johnson told a New York federal court that a peer-reviewed scientific journal's publication of a study on the active ingredient in its prostate cancer drug must end Bayer's claims the pharmaceutical giant made false and misleading claims about the drug's efficacy.

  • July 29, 2026

    3rd Circ. Won't Undo Jury Award In Fudge Trade Secret Case

    The ex-wife of a chocolatier lost her challenge to a jury's finding that she misappropriated his secret recipe for "Chocolate Moonshine" fudge, after the majority of a split Third Circuit on Wednesday said there was enough evidence behind the jury's conclusions.

  • July 29, 2026

    Longtime USPTO Employee Tapped For Acting Deputy Leader

    The U.S. Patent and Trademark Office has selected longtime employee Anne Mendez to serve as the acting second in command of the agency after Deputy Director Coke Morgan Stewart revealed this week that she's leaving for the private sector.

  • July 29, 2026

    'Vibe Coding' Pushes Cos. To Rethink Copyright Protection

    As artificial intelligence takes on more software development projects, businesses embracing “vibe coding” are adapting to uncertain copyright protection by documenting engineers’ contributions, keeping humans involved in high-value projects and leaning more heavily on trade secrets.

  • July 29, 2026

    Christian Song Doesn't Infringe Copyright, Ore. Judge Finds

    An Oregon federal judge has agreed with a jury's advisory verdict that a Christian music songwriter did not infringe the copyright on singer Vincent Ambrosetti's song "Emmanuel," noting Ambrosetti himself was not a reliable witness.

  • July 29, 2026

    Retailer Denies Copying Sensodyne With 'Sensio' TM

    A personal care retailer has hit back at the companies behind Sensodyne and Aquafresh, arguing that its "Sensio" and "Triple Protect" toothpastes are unlikely to confuse shoppers because their packaging and designs are markedly different.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    HR Giant Rippling Stole Startup's AI Trade Secrets, Suit Says

    Human resources services provider Rippling stole confidential information about Runlayer's artificial intelligence platform technology to develop its own competing product, the startup claims in litigation filed Tuesday in New York federal court.

  • July 28, 2026

    Split PTAB Upholds Fiber Optics Component Patent

    A divided panel of the Patent Trial and Appeal Board has decided that Cambridge Industries USA Inc. failed to show that any challenged claims are invalid in an Applied Optoelectronics Inc. patent on technology used in fiber optic networks.

Expert Analysis

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

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    Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Why La. Ruling May Open NIL Deals For Int'l Student-Athletes

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    A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.

  • Weighing Confusion Claims In Shoes-NFL Steakhouse TM Suit

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    A recent New York federal infringement complaint by 1587 Sneakers against Patrick Mahomes and Travis Kelce's Kansas City steakhouse 1587 Prime confronts the thorny question of how much operating in different industries should factor into likelihood-of-confusion analysis and why consumer perception can matter most in trademark fights, says Nate Garhart at Spencer West.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

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