Intellectual Property

  • August 31, 2026

    Ex-Blanche, Bondi Aide To Join Boies Schiller In DC

    A former chief of staff at the U.S. Attorney General's Office for both Todd Blanche and Pam Bondi is joining Boies Schiller Flexner as a partner in Washington, D.C., the firm announced Monday.

  • August 31, 2026

    Fed. Circ. OKs PTAB Axing Some SpaceTime3D Claims

    The Federal Circuit on Monday affirmed a pair of rulings from the Patent Trial and Appeal Board that found two patents and some claims in a third patent covering graphical user interface technology held by SpaceTime3D Inc. were unpatentable, siding with challenges made by Apple and Google.

  • August 31, 2026

    $60K Default Award Recommended In Book Copying Suit

    A Colorado federal magistrate judge recommended awarding a Romanian publisher $60,000 in statutory damages and permanently barring a Colorado company from infringing its copyrights in two health and wellness books, finding the infringement was willful and continued even after the company defaulted in the case.

  • August 28, 2026

    'Troubled' 7th Circ. Finds No Harm From Benesch Atty Conflict

    While "troubled" by an ex-Benesch Friedlander Coplan & Aronoff LLP partner's decision to take on a client's trade secrets suit while negotiating a move from Benesch to the defendant company's outside counsel, the Seventh Circuit agreed Friday that the displeased client cannot pursue her legal malpractice claim.

  • August 28, 2026

    Patent Marking Case Will Shape License Talks And Damages

    A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing talks and give defendants a route to limit or escape damages in some cases, attorneys say.

  • August 28, 2026

    AbbVie 'Concocted' Cancer Drug IP Claims, Biotech Firm Says

    Biotech firms ProfoundBio and Genmab urged a Seattle federal judge Thursday to throw out rival AbbVie's lawsuit accusing two of its former employees of taking trade secrets on cancer therapies to ProfoundBio, arguing AbbVie's claims are time-barred, and the information wasn't a protectable trade secret.

  • August 28, 2026

    'Friday The 13th' Creators Say Game Publisher Hid Royalties

    Creators of the "Friday the 13th" franchise alleged in a Friday suit that a video game publisher withheld up to $4.5 million in royalties from sales of a "Friday the 13th" video game that it was licensed to distribute and destroyed reports that proved how much it owed.

  • August 28, 2026

    American Airlines Can't Shake Intellectual Ventures IP Suit

    A Texas federal judge declined Friday to toss a patent infringement suit against American Airlines over in-flight Wi-Fi, finding the patent licensing company Intellectual Ventures has made enough of a case for the suit to proceed.

  • August 28, 2026

    Apple Is Infringing 5G Tech Patents, Longhorn Affiliate Says

    Apple was hit with a patent suit in Texas federal court Friday by a Longhorn IP affiliate alleging the Silicon Valley tech behemoth is infringing its innovative 5G wireless technologies that are found in some of the defendant's iPhones and iPads.

  • August 28, 2026

    Judge Upholds Robert Bosch Victory In Fuel Patent Trial

    A Texas federal judge has refused to grant a Canadian fuel system company a new trial in its patent infringement case against engineering firm Robert Bosch, saying the company had not met the high standard to overturn a jury verdict.

  • August 28, 2026

    Lamar Jackson's Post-MVP Success Can't Save 'Era 8' TM Bid

    The Trademark Trial and Appeal Board has blocked Baltimore Ravens quarterback Lamar Jackson's bid to register "Era 8 By Lamar Jackson" for clothing and bags, citing a prior default and his failure to use the mark on the bags when he filed his application.

  • August 28, 2026

    Samsung Secures Invalidity Ruling In Mullen Patent Suit

    A Texas federal judge on Friday put an end to a suit alleging that the location-based services on Samsung mobile devices infringe Mullen Industries patents, agreeing with a magistrate judge's determination that the patents were invalid.

  • August 28, 2026

    Trader Joe's Must Face Smucker's TM Suit Over Uncrustables

    Trader Joe's will have to face Smucker's trademark infringement suit accusing the retailer of swiping its intellectual property to market its own copycat version of crustless PB&J sandwiches, after an Ohio federal judge ruled Friday the plaintiff "sufficiently pled fame to survive a motion to dismiss." 

  • August 28, 2026

    Fed. Circ. Shifts T-Mobile Patent Settlement Fight To 5th Circ.

    The Federal Circuit on Friday sent an appeal from T-Mobile stemming from a patent litigation settlement to the Fifth Circuit, ruling that is proper because the Eastern District of Texas had jurisdiction when the appeal was filed.

  • August 28, 2026

    ITC Probes If Apple Stole Tech For Swapping Contact Info

    The U.S. International Trade Commission is investigating a claim that Apple's smart devices infringe a patent covering exchanges of contact information, but a judge will first determine whether the company bringing the claim has sufficient U.S. presence, the agency said Friday.

  • August 28, 2026

    Uber Cars Not Enough To Establish Venue, Judge Says

    A Texas federal magistrate judge has recommended tossing patent infringement claims against Uber Technologies Inc., saying ride-hailing drivers' homes and cars being based in the district was not enough to establish jurisdiction over the company.

  • August 28, 2026

    Buchalter Adds Litigator In Atlanta From Chamberlain Hrdlicka

    Buchalter PC has added a former Chamberlain Hrdlicka White Williams & Aughtry shareholder in its Atlanta office, strengthening its litigation practice with an attorney with significant experience representing businesses in commercial litigation and creditor rights matters, according to an announcement Friday.

  • August 28, 2026

    Fed. Circ. Backs Retailers' Win Over E-Commerce Patent Suits

    The Federal Circuit on Friday refused to reinstate litigation accusing Bath & Body Works and fashion retailer The Buckle of infringing an e-commerce patent, affirming a Texas federal district court's decision to dismiss the legal fight on two separate grounds.

  • August 28, 2026

    Parse Owes $4.9M In Cell Analysis Patent Case, Jury Finds

    A Delaware federal jury put Parse Biosciences Inc. on the hook for $4.9 million after finding Friday that the biotechnology company infringed a trio of Roche Sequencing Solutions Inc. patents covering a way of detecting target molecules in cell samples.

  • August 28, 2026

    Judge Says BlackRock Stake Doesn't Warrant IP Case Recusal

    A federal judge overseeing several Delaware patent lawsuits brought by Monolithic Power Systems Inc. has decided that he will not step aside despite owning stock in BlackRock Inc., which recently disclosed an ownership stake of more than 10% in Monolithic.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 27, 2026

    5th Circ. Diverts From 9th Circ.'s Copyright Server Test

    The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

  • August 27, 2026

    Peeps TM Suit Hops Along But Rival's Candy Can't Be Blocked

    A New Jersey federal judge has rejected a bid to toss Peeps maker's trademark infringement suit against a rival candy maker, but he also refused to block the rival from selling bunny-shaped marshmallows, finding that it's unlikely consumers would be confused by the candies' different packaging.

  • August 27, 2026

    Ugg-Maker Beats Rival Footwear Co.'s Antitrust Suit, For Now

    A California federal judge on Thursday tossed Quince's antitrust suit alleging Deckers uses sham trade dress litigation to block rivals, ruling Quince didn't sufficiently plead a sham litigation exception to the Noerr-Pennington doctrine, which immunizes businesses from antitrust liability for petitioning activity, but allowed Quince a chance to amend.

  • August 27, 2026

    Boeing Calls Moon Tech Discovery Demand A 'Goose Chase'

    The Boeing Co. has pushed back against Colorado-based Wilson Aerospace's bid to force the disclosure of nearly 12 years' worth of financial records in an intellectual property dispute over technology used in a NASA moon exploration program, calling the discovery request "overbroad and unduly burdensome."

Expert Analysis

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • Discovery Ruling Shows How Extant Rules Mesh With AI Tools

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    A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

  • Protecting Biotech Innovation In The Platform Knowledge Era

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    Following the U.S. Food and Drug Administration's recent shift toward leveraging prior and platform knowledge in biotechnology, companies should protect their innovations by guarding against obviousness challenges and treating the entire development pipeline as a source of patentable innovation, says Aisha Hasan at Barnes & Thornburg.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • The Risks And Rewards Of 3 Patent Review Pilot Programs

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    The U.S. Patent and Trademark Office's new pilot programs seek to reduce the patent examination backlog by offering opportunities for faster review, but applicants should proceed carefully to avoid an application losing its accrued patent term adjustment award — or being involuntarily abandoned, says David Gass at Marshall Gerstein.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Germany IP Rulings Clarify 'Willing' SEP Licensee Analysis

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    In light of a series of judgments from a German regional court and the Unified Patent Court, U.S. entities and their counsel should keep pace with the willing licensee standard developing abroad, as standard essential patent and fair, reasonable and nondiscriminatory licensing disputes have become cross-border campaigns, say attorneys at Fish & Richardson.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Quantifying Damages In Product Launch Delay Allegations

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    In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Protecting Quantum Innovation As The Sector Commercializes

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    As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

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