Intellectual Property

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    Agencies Warn Of Chinese AI Cos. Targeting US Models

    The Cybersecurity & Infrastructure Security Agency, National Security Administration and FBI have released a report claiming Chinese artificial intelligence companies were extracting proprietary capabilities from U.S. AI models through a process known as "distillation."

  • September 09, 2026

    Wine Label Makers Spar Over Injunction In Trade Secret Fight

    A California federal judge on Wednesday weighed whether to grant a wine label company's motion for a preliminary injunction against rivals in a case accusing them of using trade secrets allegedly brought over by a former employee.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Split PTAB Invalidates Japanese Co.'s Patent Claims

    A divided Patent Trial and Appeal Board has thrown out claims in a pair of Seikagaku Corp. patents related to endotoxin detection that were challenged by Charles River Laboratories, finding they were either obvious or anticipated.

  • September 09, 2026

    Ga. Home Health Agency Says Rival's Logo Confuses Patients

    A home health care agency claimed a competitor's use of its trade name and marks has led to negative reviews and confusion among customers, according to a lawsuit filed Wednesday in Georgia federal court.

  • September 09, 2026

    Texas Justices Reject Sandy Hook Families' Infowars Appeal

    The Texas Supreme Court on Wednesday denied Sandy Hook families' requests to dissolve lower appeals court orders that stopped a court-appointed receiver from assuming control of bankrupt commentator Alex Jones' website Infowars and leasing the intellectual property of its parent company Free Speech Systems LLC to satire publication The Onion.

  • September 09, 2026

    Candor Wins AI Tech Ownership Fight In Del. Chancery

    The Delaware Chancery Court has ruled that Italian artificial intelligence company iDentiVisuals must transfer ownership of its emotion-recognition technology to legal tech firm Candor, saying the startup breached a binding agreement by failing to deliver and safeguard the technology it had licensed.

  • September 09, 2026

    Calif. Judge Hands Eli Lilly Mixed Bag In Compound Drug Suit

    Eli Lilly failed to plausibly allege that a physician group and pharmacy conspired to falsely advertise compounded versions of its diabetes and weight loss drugs, but can continue with allegations they conspired to unfairly compete with Lilly, a California federal judge held.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Munger Tolles Adds Paul Hastings IP Pro In San Francisco

    Munger Tolles & Olson LLP has added to its growing San Francisco intellectual property practice with a partner from Paul Hastings LLP, whose high-profile clients include Meta, Google, Comcast and Netflix, the firm announced Tuesday. 

  • September 09, 2026

    Virginia Law Prof Says He'll Take USPTO General Counsel Job

    A University of Virginia School of Law professor who has taught tort, administrative, patent and international intellectual property law there for more than 15 years recently said he plans to become the new general counsel of the U.S. Patent and Trademark Office.

  • September 09, 2026

    Sandoz Generic Would Infringe J&J Unit Patents, Judge Says

    A New Jersey federal judge has ruled that Sandoz's attempt to manufacture a generic form of a Janssen Pharmaceuticals Inc. nasal spray would infringe a group of patents the Johnson & Johnson unit has on the product.

  • September 09, 2026

    Katten Adds Kasowitz Data Strategy Team Leader In LA

    Katten Muchin Rosenman LLP has bolstered its offerings in Los Angeles with the addition of the chair of Kasowitz LLP's data strategy, privacy and security team and co-chair of its artificial intelligence industry group.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    Certain Apple Devices Infringe Touch Screen IP, Judge Says

    A California federal judge has held that some functions of certain Apple iPhones and iPads infringe some claims of a touch screen patent owned by Smith Interface Technologies LLC, though he also ruled that the functions don't infringe other claims and that other disputes belong before a jury.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    WB Asks Panel To Pull Plug On Claim 'The Pitt' Copied 'ER'

    Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    Meta Accused Of Using Photos To Train AI Without Consent

    Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

  • September 08, 2026

    Seattle Times, Newsday Sue OpenAI Over Content Use

    The Seattle Times and Long Island-based newspaper Newsday sued OpenAI and Microsoft with claims of copyright infringement, adding to the long list of news organizations claiming their articles were used improperly to train large language models.

Expert Analysis

  • Trademark Law As A Tool To Bolster NIL Rights Against AI

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    The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Why Biotech Cos. Need Litigation Plans Before Bad News

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    Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

  • 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

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    When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

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