Intellectual Property

  • May 27, 2026

    Pharmacies Hit With Injunction In Gilead Counterfeit Drug Row

    A New York federal judge has issued a preliminary injunction blocking a pair of Queens pharmacies from selling any human immunodeficiency virus medications that bear the Gilead name or the name of two of its products.

  • May 27, 2026

    Walmart Rips Estee Lauder's 'Vague And Ambiguous' TM Fight

    Walmart has urged a California federal judge to toss the bulk of Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, arguing the complaint is too "vague and ambiguous" about which products, sellers, listings and legal theories are at issue for the case to proceed.

  • May 27, 2026

    Squires Institutes 3 IPRs, Refuses Case With Limited Impact

    U.S. Patent and Trademark Office Director John Squires granted three petitions for inter partes review in his newest bulk order and broke down why he previously rejected CyberSecure IPS LLC's challenge to a Network Integrity Systems Inc. optical fibers monitoring patent.

  • May 27, 2026

    Samsung Sued Again Over Pictiva Patent After $99M Verdict

    Pictiva Displays has again sued South Korean technology giant Samsung in Texas federal court, asserting claims of patent infringement months after securing a $99 million jury verdict over the same patent.

  • May 27, 2026

    'Baywatch' Star, Models Keep False Ad Suit Against Strip Club

    A North Carolina federal judge has largely sided with a group of international models, former Playboy Playmates and a "Baywatch" star alleging a strip club misused their likenesses in advertisements, finding that lingering factual questions preclude a pretrial statute of limitations win for the club.

  • May 27, 2026

    Squires Says Sun PGR Petition Denied For Not Naming Parent

    Sun Pharmaceutical Industries Inc.'s failure to name its parent company in its challenge to a Biofrontera Inc. patent was why its request for review was rejected early, U.S. Patent and Trademark Office Director John Squires has said.

  • May 27, 2026

    11th Circ. Told YouTube Copyright Win Doesn't Merit Fees

    A Spanish film production company has urged the Eleventh Circuit to uphold a Florida federal judge's refusal to award YouTube attorney fees after the video platform prevailed in a dispute over pirated movies, arguing that the unsuccessful copyright claims raised a novel legal issue and were brought in good faith.

  • May 27, 2026

    Caterpillar Launches New Patent Suits Against Bobcat

    Construction equipment maker Caterpillar Inc. has added to an intellectual property dispute between it and rival Doosan Bobcat by filing patent infringement claims in Delaware federal court and seeking a ban on Bobcat's imports of certain heavy machinery at the U.S. International Trade Commission.

  • May 27, 2026

    Winston & Strawn Lands Baker Botts IP Litigator In Dallas

    Winston & Strawn LLP has strengthened its litigation and intellectual property practices with a Dallas-based partner who came aboard from Baker Botts LLP.

  • May 26, 2026

    Feds, Unified Patents, AT&T Push Back On High Court Bids

    The U.S. Supreme Court received objections to three patent petitions on Tuesday, with Unified Patents fighting Dolby's appeal of its own Patent Trial and Appeal Board win; AT&T and Nokia protesting an attempt to revive a $181 million trial loss; and the U.S. Patent and Trademark Office opposing inventor Gilbert Hyatt's challenge to prosecution laches.

  • May 26, 2026

    USPTO Spurns Reexam Bid For Reusing Failed IPR Theories

    A pair of U.S. Patent and Trademark Office examiners discretionarily denied a request for reexamination of a Fractus SA patent, saying the effort rehashed arguments from an America Invents Act challenge of the same patent that was denied for so-called settled expectations.

  • May 26, 2026

    Packaging Trial Delayed After Both Sides Say Jury Is Tainted

    A Kentucky federal judge has agreed to postpone a trial set to start Tuesday over infringement claims of food packaging patents after both sides complained the jury may have been tainted by being exposed to information about antitrust claims from one party that appeared on a jury questionnaire.

  • May 26, 2026

    Verizon, AT&T Lose Bids To Dodge Database Patent Suits

    AT&T and Verizon lost their bids to escape lawsuits accusing them of infringing a pair of patents covering ways to clean data records after a Delaware federal court on Tuesday rejected their arguments that the patents didn't pass muster under the U.S. Supreme Court's Alice test.

  • May 26, 2026

    Sonrai's $59M Trade Theft Verdict Trimmed To $10.4M

    An Illinois federal judge has reduced a $59 million jury verdict won by garbage truck maker Sonrai Systems to $10.4 million in a case over a rival company poaching a Sonrai executive, finding that while the evidence showed the rival's behavior was reprehensible, it didn't merit the amount the jury awarded.

  • May 26, 2026

    Copyright Suits Against Jan. 6 Attys Won't Be Tossed

    Attorneys who represented Jan. 6 defendants will have to face a consultant's claims that they copied her jury-attitude report without permission after a D.C. federal judge rejected their arguments that their conduct fell under fair use and the public's right to access court records.

  • May 26, 2026

    AI Firms Can't Shake Disney, WB's Copyright Suit

    A California federal judge won't toss a suit by Disney, Warner Bros. Discovery and Universal, accusing Chinese artificial intelligence companies of stealing their intellectual property, saying the studios' claims are clearly plausible at this stage.

  • May 26, 2026

    Fed. Circ. Won't Bring Back $469M Patent Verdict Against Dish

    The Federal Circuit Tuesday refused to reinstate a $469 million jury verdict against Dish Network in a patent suit over technology that skips over sex and swearing in movies, rejecting ClearPlay's challenges to a Utah federal judge's decision wiping out the verdict.

  • May 26, 2026

    Tekion Defends CDK Dealer Software Monopoly Claims

    Tekion Corp. is defending its antitrust claims accusing CDK Global LLC of monopolization, telling a California federal court that the auto dealership management software giant is withholding data that shows its dominant share of the market.

  • May 26, 2026

    Mintz Gets Patent Malpractice Suit Sent From Texas To Mass.

    A former Mintz Levin Cohn Ferris Glovsky and Popeo PC client's professional negligence suit against the firm over its handling of a patent case belongs in Massachusetts rather than Texas federal court, according to a Tuesday order.

  • May 26, 2026

    NC Justices Revive Insurance Co.'s Noncompete Suit

    The Supreme Court of North Carolina has largely revived an insurance company's lawsuit against employees who left for a rival, directing a lower court to better clarify how an adverse inference regarding a "remarkable" spoliation of evidence should impact the renewed trade secret and breach of contract claims.

  • May 26, 2026

    Justices To Consider Taking Judge Newman Case On June 11

    The U.S. Supreme Court is set to decide whether to take up U.S. Circuit Judge Pauline Newman's petition seeking to overturn her suspension from the Federal Circuit on June 11, according to a notice posted Tuesday.

  • May 26, 2026

    Wheel Maker Accuses Competitor Of Patent Infringement

    A Michigan company that manufactures wheels used in heavy equipment has sued a rival business, alleging its patents were being infringed and that the two sides had been unable to come to a resolution to avoid litigation.

  • May 26, 2026

    College Athletes Say NIL Oversight Loophole Hurts Women

    A group of female athletes told a California federal judge that attempts to eliminate certain revenue streams from the NCAA's $2.78 billion class action settlement benefits mostly male athletes while diminishing the protections for women in college sports.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    Music Labels Want To Add 60K Songs To AI Copyright Suit

    Major record labels have asked to expand a copyright infringement lawsuit against an artificial intelligence company, saying they've identified recordings by artists from Billy Joel to Billie Eilish in the training data of Suno Inc.'s AI-powered song generator. 

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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