Intellectual Property

  • June 04, 2026

    Realty Rival, Directors Barred From Poaching Brokerage Staff

    Two former sales directors for a real estate brokerage must stop recruiting former coworkers for a rival company that hired them, North Carolina's business court has said, finding the new employer should also be barred from meddling with more of the brokerage's employment contracts.

  • June 04, 2026

    Ex-Surgeon Agrees To $7.7M Tax Bill From Offshore Scheme

    A retired plastic surgeon reached a $7.7 million settlement with the federal government to resolve an Internal Revenue Service case alleging that he ran an offshore employee leasing scheme, according to an agreement filed in an Ohio federal court.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Judge Won't Rethink Insurer's Duty To Cover Data Center Row

    A California federal judge refused to allow Navigators Specialty Insurance Co. to file a reconsideration motion for a prior ruling that dismissed the insurer's claims in its coverage suit against a client company taken into arbitration over a California data center project.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Supreme Court Shuts Down 'Skinny Label' Drug Patent Suit

    The U.S. Supreme Court on Thursday ended a patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, saying Amarin Pharma Inc. had not plausibly alleged that Hikma encouraged healthcare providers to infringe its patents.

  • June 04, 2026

    AI Co. Midnight Labs Gets Sony Innovation Fund Investment

    Midnight Labs, a Dublin-based artificial intelligence company focused on intellectual property enforcement, announced Thursday it received an investment from the Sony Innovation Fund to expand its software in the U.S. and Japanese markets.

  • June 03, 2026

    CBP Says Stiiizy's New Vape Cartridges Clear Pax Patents

    U.S. Customs and Border Protection has cleared vape company Stiiizy to import its redesigned oil cartridges, ruling they do not violate patents held by rival Pax Labs Inc., despite the competitor having successfully persuaded the U.S. International Trade Commission to block an earlier version of Stiiizy's products.

  • June 03, 2026

    Squires Institutes 3 Patent Reviews, Denies 3 Others

    U.S. Patent and Trademark Office Director John Squires on Tuesday granted three requests for review of patents under the America Invents Act, while turning down three other petitions.

  • June 03, 2026

    Samsung Can't Appeal Conflicting Alice Ruling In $78.5M Case

    A Texas federal judge has refused to let Samsung appeal a decision upholding two patents that resulted in a $78.5 million jury verdict against the South Korean tech giant after a different court found one of the patents invalid.

  • June 03, 2026

    Iconic Lamp Design Isn't MillerKnoll's, 6th Circ. Told

    Counsel for the family of the late designer George Nelson told a Sixth Circuit panel Wednesday that a lower court decision awarding intellectual property rights for his iconic bubble lamp to furniture company MillerKnoll was based on a faulty interpretation of a 2015 contract amendment and should be overturned.

  • June 03, 2026

    KeyBank, Investment Advisers Settle Suit Alleging Client Theft

    KeyBank affiliate Key Investment Services LLC has agreed to settle its suit accusing two former investment advisers of stealing trade secrets and violating their employment agreements by soliciting customers.

  • June 03, 2026

    Tech Industry Groups Back Apple High Court Bid In Epic Case

    Several technology industry groups threw their support behind Apple Inc. on Wednesday, telling the U.S. Supreme Court an injunction issued in a case brought by Epic Games Inc. tries to alter the service Apple provides to millions of developers based on complaints from a single company.

  • June 03, 2026

    Top Wireless Cos. Get PTAB To Wipe Out 5G Patent

    The Patent Trial and Appeal Board has invalidated a 5G technology patent that mobile providers like AT&T, T-Mobile and Verizon had been accused of infringing in now-dropped litigation, after finding the claims of the patent were obvious.

  • June 03, 2026

    Patent Suit Puts Drum Carrier Function Over Form, Court Told

    Counsel for a Japanese musical instrument manufacturer asked a Pennsylvania federal judge Wednesday to toss a patent infringement case it's facing from drum-maker Pearl Musical Instrument Co. Ltd. over marching band drum carriers, arguing that Pearl wrongly focused on the functionality of its competitor's carrier rather than its looks.

  • June 03, 2026

    Electronics Co. Sues Rival Over Plasma Patents Used In Chips

    A company that offers plasma systems for manufacturing semiconductors has sued a rival in New Hampshire federal court, saying the competitor was infringing four patents covering atmospheric-pressure plasma systems.

  • June 03, 2026

    Fed. Circ. Affirms PTAB Invalidation Of Railcar Patent Claims

    The Federal Circuit on Wednesday refused to revive claims across a pair of Amsted Rail Co. Inc. patents covering a way of monitoring the performance of railcars, backing Patent Trial and Appeal Board decisions that the claims were invalid.

  • June 03, 2026

    Netflix Again Beats NJ Atty's IP Suit Over Boy Scouts Films

    Netflix Inc. fought off an amended complaint in New Jersey federal court Tuesday from an attorney claiming that it infringed on his copyright for a documentary about sexual abuse in the Boy Scouts of America, when the judge ruled the suit relied on uncopyrightable facts.

  • June 03, 2026

    M&A Claim Payouts Hit $1B High In North America, Aon Says

    The frequency and severity of claims made under policies for mergers and acquisitions have risen in recent years, with Aon's North American clients recovering a record-breaking $1 billion across transactional liability lines in 2025, according to a report published Wednesday.

  • June 03, 2026

    UK Requiring Google To Let Publishers Opt Out Of AI

    Google is giving publishers tools to prevent their content from being used to power the artificial intelligence features shown in search results, after Britain's competition enforcer imposed new requirements Wednesday.

  • June 02, 2026

    Google Can't Ditch Software Co.'s Patent Infringement Suit

    Google must face a software company's claim that the tech giant directly infringed one of its patents with its Google Cloud Platform and other products, a California federal judge has ruled, trimming the suit while allowing the patent owner to rework its indirect infringement claims.

  • June 02, 2026

    Finalized Trump Order Seeks Early Cyber Tests Of AI Models

    President Donald Trump signed an executive order Tuesday to push the developers of advanced artificial intelligence models to voluntarily share their systems with the federal government for pre-release cybersecurity testing, following changes to a previous draft that the president abruptly shelved last month due to concerns about its effect on innovation. 

  • June 02, 2026

    11th Circ. Reverses 2 Live Crew's Copyright Clawback Win

    The Eleventh Circuit ruled Tuesday that hip hop group 2 Live Crew could not reclaim copyrights to five albums despite most of them agreeing to terminate copyright grants to third parties, saying in a published opinion that one member's termination interests were "swept" in, and remained in, his bankruptcy estate.

  • June 02, 2026

    Samsung, Micron Face Fresh Patent Threats From Netlist

    Netlist Inc. has accused Samsung Electronics Co. Ltd. and Micron Technology Inc. of infringing more of its patents covering memory and storage technology, the latest chapter in wide-ranging, long-running intellectual property disputes between the companies, according to a pair of complaints filed in Texas and Delaware.

  • June 02, 2026

    Texas Biz Court Sinks Vessel Tracking Co.'s Discovery Bid

    A Texas Business Court judge quoted ancient Greek philosophers when he denied a request for an order submitted by a geospatial data analytics company seeking discovery relating to a government bid from its erstwhile business partner, saying that granting the request may create unintended harm.

Expert Analysis

  • USPTO's AI Search Pilot May Reshape Patent Filing Strategy

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    The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

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    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Human Authorship Is Still Central To Copyright Eligibility

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    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • 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.

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