Intellectual Property

  • August 19, 2026

    Firms Cut From $101M Anthropic Atty Fees Appeal To 9th Circ.

    Two law firms involved in securing artificial intelligence company Anthropic's $1.5 billion copyright settlement with a class of authors and publishers are appealing to the Ninth Circuit an order excluding them from attorney fees awarded to court-appointed class counsel.

  • August 19, 2026

    Double Patenting Ripe For Fresh Fed. Circ. Look Amid Debate

    The already complex doctrine of obviousness-type double patenting may now be more tangled following a decision and a brief from the patent office seemingly taking different views on a key issue, but that could set the stage for the Federal Circuit to provide clarity, attorneys say.

  • August 19, 2026

    Fed. Circ. Backs PTAB's Ax Of 10x Genomics Patent Claims

    The Federal Circuit declined Wednesday to save claims in a trio of 10x Genomics patents covering nucleic acid analysis methods, affirming decisions from the Patent Trial and Appeal Board that sided with Parse Biosciences Inc.'s obviousness challenges to the claims.

  • August 19, 2026

    Pro-Business Foundation Backs J&J's Stelara Antitrust Win

    Insurer CareFirst's bid to revive an antitrust lawsuit against Johnson & Johnson over its acquisition of patents affecting competitors would throw cold water over drug company mergers, burden government regulators and strip the issue of intent out of antitrust enforcement, according to an amicus brief filed by the Washington Legal Foundation.

  • August 19, 2026

    Polsinelli Can't Rep Doctor In 'Bad Faith' IP Suits, Cos. Say

    Two medical device companies suing Polsinelli PC and its longtime client, a patent-holding doctor, for allegedly pursuing "bad faith" infringement claims asked federal courts in Tennessee and Mississippi to disqualify the firm from defending the doctor in the lawsuits, citing their "diverging interests and liabilities."

  • August 19, 2026

    Netflix Hit With Band's TM Suit Over 'KPop Demon Hunters'

    Christian heavy metal band Demon Hunter is accusing Netflix in California federal court of infringing its marks for the streaming platform's hit animated musical "KPop Demon Hunters," saying the movie's brand has already caused confusion among consumers and is pushing the long-running band's identity into obscurity.

  • August 19, 2026

    Papa Johns Can't Avoid Arbitration In Fight With Franchisee

    A dispute between Papa John's International and a franchisee it accused of breaking his franchise agreement must be paused until an arbitrator decides whether the claims belong in arbitration, a Kentucky federal judge has ruled, delivering a blow to the pizza company trying to keep its claims in court.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    OpenAI Opposes Early Discovery In Apple Trade Secret Suit

    OpenAI and two of its employees have asked a California federal court to reject Apple's bid for expedited discovery in its trade secret lawsuit accusing OpenAI of using former Apple employees to obtain confidential information, arguing that discovery will begin soon enough.

  • August 19, 2026

    Bradley Arant Adds SCP Health In-House Vet In Atlanta

    Bradley Arant Boult Cummings LLP has added the senior vice president and associate general counsel of healthcare company SCP Health to its Atlanta office, strengthening the firm's healthcare practice.

  • August 19, 2026

    Rising Star: Fenwick's Jon McMichael

    Jon McMichael of Fenwick & West LLP helped Lashify secure a $34 million patent verdict and a Federal Circuit decision that overturned decades-long International Trade Commission precedent, and won a landmark ruling that reshaped where patent lawsuits may be filed, earning him a spot among the intellectual property attorneys under 40 honored by Law360 as Rising Stars.

  • August 18, 2026

    Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit

    A California federal judge Tuesday granted Lady Gaga's bid to toss a surf and lifestyle brand's lawsuit accusing her of infringing a "Mayhem" mark on her merchandise, saying the brand failed to sufficiently allege that the pop star's use of the mark explicitly misled consumers.

  • August 18, 2026

    Feds Bring New Charges Over $3.4B Iran-Backed Cybertheft

    Manhattan federal prosecutors on Tuesday announced new charges against a group of Iranians accused of running a global, state-backed hacking campaign against private companies, government agencies and universities, in a wide-ranging cybertheft conspiracy that stole at least $3.4 billion in academic data and intellectual property.

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Boeing Is Pressed For Financial Records In NASA IP Row

    Wilson Aerospace LLC asked a Washington federal judge to compel the Boeing Co. Inc. to turn over financial materials and other documents that have information relevant to their dispute over technology used in NASA's moon program.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    Squires Says RPIs Must Be Named If They Can Control Cases

    The U.S. Patent and Trademark Office director explained why he rejected Viance LLC's challenge of a Koppers Performance Chemicals Inc. patent, faulting Viance for failing to disclose real parties in interest and writing that a company's mere ability to control a challenger makes it an RPI.

  • August 18, 2026

    Netflix Says Tyra Banks Signed Away Editorial Control Of Doc

    Netflix and the producers behind a docuseries about "America's Next Top Model" asked a California federal judge to dismiss Tyra Banks' defamation lawsuit, arguing her allegations are nothing more than "complaints about ordinary editorial decisions" that are protected by free speech laws.

  • August 18, 2026

    Author Says Consulting Firm Stole Leadership Programs

    An author and executive leadership keynote speaker claimed in Colorado federal court Tuesday that the consulting firm he used to work with stole his copyrighted educational content after terminating a 15-year working relationship, according to the complaint.

  • August 18, 2026

    FAA Contractor Says Ex-VP, Competitor Cannot Use Its IP

    A Federal Aviation Administration contractor asked a Virginia federal court to prohibit its former vice president and his new company from recruiting the firm's employees and using its proprietary information, saying their actions could cause irreparable harm to its business.

  • August 18, 2026

    PE Music Rights Co. Sues Anthropic, Suno Over AI Training

    Private equity music publisher Round Hill Music has sued Anthropic, Suno and web-scraping provider Bright Data in separate federal lawsuits in California, accusing the companies of "rampant commercial copying" of thousands of its copyrighted songs and lyrics without permission to build and train artificial intelligence systems.

  • August 18, 2026

    Sofia Vergara's Underwear Co. Moves To Nix AI Deepfake Suit

    EBY urged a California federal judge to dismiss a content creator's suit alleging that, while she agreed to be a brand ambassador, the underwear company used AI to create a "deepfake" version and publish a video where she appeared partially nude, arguing Monday that the video is not "pornography" as commonly understood.

  • August 18, 2026

    Fed. Circ. Won't Revive PTAB Challenge Of Westport Patents

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board was right when it declined to eliminate claims in a pair of fuel injection patents owned by Westport Fuel Systems Canada Inc., saying that Mercedes-Benz and an engineering and technology company didn't prove the invention's obviousness.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    DSW, Sony Strike Deal In Social Media Music Copyright Fight

    Sony Music Entertainment and DSW's parent company, Designer Brands, have reached a settlement in principle in a copyright infringement suit accusing the shoe retailer and related companies of using more than 100 copyrighted songs in social media advertising without authorization, according to a notice filed in California federal court.

Expert Analysis

  • 10 US Patent Pressure Points For EU Life Sciences Cos.

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    U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • Data Center Boom Brings New Patent Risk For Owners

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    As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • New USPTO Procedure May Be A Boon For Patent Owners

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    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Submitting Ideas To AI Platforms May Affect Patent Rights

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    Recent judicial developments suggest that disclosing an invention to a consumer artificial intelligence platform constitutes public disclosure, making disciplined use of such tools and early filing strategies essential to preserving patent rights, say attorneys at Day Pitney.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • DTSA Data Shows Hidden Value Of Ex Parte Seizure Filings

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    Ten years of Defend Trade Secrets Act data indicate that although there is a low success rate for civil seizure applications, intellectual property litigators should continue filing them anyway in order to better their odds of obtaining other provisional relief, say attorneys at Reed Smith.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

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    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

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    In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

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