Intellectual Property

  • May 12, 2026

    USPTO Touts Fraud Crackdown In Patent, TM Applications

    The U.S. Patent and Trademark Office said Tuesday the agency is taking steps to combat fraudulent representations and invalid filings in trademark and patent applications, saying it had purged thousands of applications in the last fiscal year.

  • May 12, 2026

    AliveCor Wants Apple Health Monitor Patent Claims Tossed

    A medical software company has told a California federal court that claims in a pair of health monitoring patents Apple has accused it of infringing are actually invalid, saying they only cover abstract ideas without a technological innovation to save them.

  • May 12, 2026

    Drone Co. Skirts Unfair Biz Practices Claim In Ex-VP's Pay Suit

    North Carolina's Business Court pared down a dispute between a company that makes emergency response drones and its former vice president of sales, finding his claim that the company misled him about its intent to pay him a bonus doesn't rise to the level of an unfair or deceptive business practice.

  • May 12, 2026

    Ex-Palantir Workers Get Trade Secret Suit Sent To Arbitration

    A New York federal judge Tuesday sent to arbitration Palantir Technologies Inc.'s lawsuit accusing three former employees of absconding with its confidential intellectual property for their rival company, Percepta AI.

  • May 12, 2026

    Commerce Details Path To Discount For 100% Pharma Tariff

    The U.S. Department of Commerce released guidance for pharmaceutical companies looking to show they have made sufficient onshoring commitments to qualify for a discount on the 100% tariff on certain imported drugs coming this summer.

  • May 12, 2026

    NCAA Wants Final Whistle On 1983 Team's Appeal Of NIL Suit

    The National Collegiate Athletic Association urged North Carolina justices to keep out of bounds a name, image and likeness lawsuit from members of a 1983 North Carolina State University championship basketball team, arguing that a lower court was right to find the suit several decades expired.

  • May 12, 2026

    Viewing Seed Genetic Material Not Patent Infringement: DOJ

    The U.S. Department of Justice's Antitrust Division waded into a private patent infringement lawsuit Monday, telling a Delaware federal court that just "reading" a patent, or viewing and sequencing the genetic material that must be submitted for the seed patents at issue, can't on its own count as infringement.

  • May 12, 2026

    Fox Rothschild Adds Trial Partner From Nelson Mullins In Fla.

    Fox Rothschild LLP has expanded its litigation department in West Palm Beach, Florida, with a new partner from Nelson Mullins Riley & Scarborough LLP.

  • May 12, 2026

    JAMS Launches Alternative Dispute Resolution Tech Group

    Alternative dispute resolution provider JAMS announced Tuesday the launch of a technology industry group to address disputes regarding new innovations such as artificial intelligence, digital assets and biotechnology.

  • May 12, 2026

    Impossible Foods Stuck With Atty Fees After $3.25M TM Loss

    A California federal judge has held that Impossible Foods owes attorney fees after lifestyle brand Impossible X won a $3.25 million verdict in the parties' trademark dispute, but she refused to boost the jury's award.

  • May 12, 2026

    Atty Urges Texas Justices To Restore Trade Secret Damages

    A Houston personal injury lawyer is asking the Texas Supreme Court to reinstate millions in damages he was awarded in a dispute with another attorney over misappropriation of trade secrets, arguing that a lower appellate court decision could allow others to steal private information without consequence.

  • May 11, 2026

    Ye Use Of Song Was 'Test Drive,' Not Infringement, Jury Told

    Counsel for Ye defended the rapper during closing arguments in a copyright infringement trial Monday, telling a Los Angeles jury that Ye's alleged unauthorized use of a sound recording in an early version of his Grammy-winning song "Hurricane" was merely a "test drive," and that he ultimately went in a different direction.

  • May 11, 2026

    Microsoft CEO Defends Role In OpenAI's Rehiring Of Altman

    Microsoft CEO Satya Nadella testified Monday in a California federal jury trial over Elon Musk's challenge to OpenAI's for-profit conversion, denying that he demanded OpenAI's board reinstate ousted CEO Sam Altman while acknowledging that he offered to pay up to $29 billion to bring Altman and others to Microsoft.

  • May 11, 2026

    Zillow Aims To Tear Down CoStar's Property Photo Rights Suit

    Zillow urged a Seattle federal judge to throw out a mass copyright lawsuit from rival CoStar over tens of thousands of property photos, arguing that its automated handling of user-uploaded images does not constitute infringement.

  • May 11, 2026

    Fed. Circ. Clears Redesigned Vacuums In Bissell Patent Row

    The Federal Circuit on Monday upheld a decision by the U.S. International Trade Commission barring imports of some Tineco wet-dry vacuums found to infringe Bissell patents, while clearing redesigned products, as arguments by both sides challenging those findings fell flat.

  • May 11, 2026

    5th Circ. Wary To Flip IP Suit's 'Case-Terminating Sanctions'

    A Fifth Circuit panel seemed skeptical of a bid to undo "case-terminating sanctions" that a lower court leveled against a servicing company accused of stealing Philips North America LLC's trade secrets, saying Monday that the company admitted to deleting some files to cover its tracks.

  • May 11, 2026

    Microsoft Settles Supercomputer Patent Case Before Trial

    A German company has agreed to end its patent suit against Microsoft Corp. over artificial intelligence supercomputer technology, about a month before a federal trial was set to start in the infringement case in Texas.

  • May 11, 2026

    Perplexity Pushes Bid To Toss Reddit Data-Scraping Claims

    Artificial intelligence startup Perplexity AI Inc. has told a New York federal court that Reddit Inc.'s amended claims that its content was used illegally to train AI models should be dismissed because they still fail to show that Reddit holds copyrights on the "vast majority" of that content.

  • May 11, 2026

    Split Fed. Circ. Fully Voids Railway Safety Patents

    The Patent Trial and Appeal Board properly invalidated the entirety of a rail safety patent challenged by Siemens but erred in upholding part of a second patent, the Federal Circuit held on Monday.

  • May 11, 2026

    Pharma CEO's Role In Ex-Exec's Contract Permits Deposition

    North Carolina's business court has refused to shield the CEO of biopharmaceutical firm United Therapeutics Corp. from being deposed in a trade secrets lawsuit against a former executive and his new employer, finding it reasonable to believe she was an "ultimate decision-maker."

  • May 11, 2026

    Copyright Office Sued Over Rejection Of AI 'Starry Night' Art

    An artist behind a yearslong fight to register his artificial intelligence-generated artwork with the U.S. Copyright Office has sued the agency in California federal court, challenging its refusal to register the image inspired by Vincent van Gogh's "The Starry Night" — the latest action in a closely watched debate over whether copyright protection should extend to works created with AI. 

  • May 11, 2026

    Packaging Co. Wins 2nd Block On Rival's Insulated Container

    A cold storage packaging company has won a second injunction barring a rival manufacturer from selling an insulated shipping container that allegedly infringes its patents, according to a North Carolina federal judge's order.

  • May 11, 2026

    Plastics Co. Wants Inequitable Conduct Ruling Undone

    A plastic packaging company has asked a Massachusetts federal judge to undo a ruling that five of its food packaging patents were unenforceable due to inequitable conduct, saying the judge's reasoning contained "manifest factual and legal errors."

  • May 11, 2026

    Biggie Smalls Trust & Widow Clash Over LLC Stake In Del.

    Counsel for a trustee tied to the late musician Notorious B.I.G.'s mother told the Delaware Court of Chancery on Monday that the rapper's widow, Faith Evans, cannot treat the trust as a member of the company controlling the rapper's intellectual property when it helps close an asset sale, then deny that status when distributions come due.

  • May 11, 2026

    5th Circ. Reverses Injunction In $4.7M Golf Cart TM Dispute

    The Fifth Circuit has rejected a challenge to a Texas federal court's award of $4.7 million to a golf cart battery maker in a trademark infringement lawsuit but found that an injunction in the case was too broad and had to be reassessed.

Expert Analysis

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

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