Intellectual Property

  • May 06, 2026

    'You're In The Weeds!' Fed. Circ. Grapples With Gun IP Decision

    A Federal Circuit panel on Wednesday appeared perplexed by a Wyoming judge's decisions finding a firearm patent invalid as indefinite and dissolving a preliminary injunction against an accused infringer, saying the invalidity holding seemed to be at odds with precedent.

  • May 06, 2026

    Amazon Smart Devices Accused Of Infringing AI Co.'s Patents

    Artificial intelligence company Cerence AI on Wednesday accused Amazon of importing smart devices into the U.S. that violate its voice technology patents, asking the U.S. International Trade Commission to look into banning the devices, while also bringing a similar suit in federal court.

  • May 06, 2026

    Mr. America Owner Claims Bodybuilder Ripped Off Brand

    The company behind the Mr. America bodybuilding competition has sued a former bodybuilder, claiming he abruptly rebranded his entire company this year to start using the "Mr. America" mark.

  • May 06, 2026

    EDTX Urged To Deny Samsung New Trial After $78.5M Verdict

    A patent owner that won a $78.5 million infringement verdict in the Eastern District of Texas against Samsung urged the court to reject the electronics giant's bid for a new trial, saying the South Korean company wants to turn the law "on its head."

  • May 06, 2026

    Judge Won't Certify Minn. Fraud Question In Cancer Drug MDL

    A New Jersey federal judge won't ask the Supreme Court of Minnesota to weigh in on whether an insurer can pursue claims using a state law typically reserved for the attorney general in litigation alleging drugmaker Celgene used charitable donations to manipulate the price of cancer drugs.

  • May 06, 2026

    PTAB's Fast-Track Appeals Program Extended 2 Years

    A Patent Trial and Appeal Board program to resolve appeals of rejected patent applications faster will be extended through 2028, the board announced Wednesday.

  • May 06, 2026

    Texas Co. Accused Of Stiffing Subcontractor On Navy Project

    A Wyoming company told a Texas federal judge that asset management company Shipcom Federal Solutions LLC owes it nearly $4.6 million for products and services delivered in support of a U.S. Navy contract and misappropriated its intellectual property.

  • May 06, 2026

    Joe Gibbs Racing Adding To Claims Rivals Stole Trade Secrets

    Joe Gibbs Racing LLC has asked a North Carolina federal court to let it add allegations to its suit against a rival NASCAR team, to prove that its employee was hired away specifically to bring its trade secrets with him.

  • May 06, 2026

    Nvidia Must Face Most Of Authors' AI Copyright Suit

    A California federal judge has tossed vicarious infringement claims in a proposed class action brought by authors accusing chipmaking giant Nvidia Corp. of using their copyrighted works to train artificial intelligence, but let stand claims that Nvidia lifted books from online shadow libraries to develop various AI models.

  • May 06, 2026

    Curiam Capital Atty Launches New IP Litigation Funding Firm

    A former managing director at litigation funder Curiam Capital has launched his own boutique, focused on funding and underwriting for intellectual property litigation, he announced this week.

  • May 06, 2026

    Fed. Circ. Backs Atty Fees In Bicycle Design Patent Case

    The Federal Circuit on Wednesday agreed with a Massachusetts federal judge that a case related to a set of design patents for a bicycle warranted attorney fees being awarded to Hyper Bicycles Inc., saying the judge's finding that the case was weak and unnecessarily dragged out was supported by the evidence.

  • May 06, 2026

    Justices Asked To Review 'More Than An Athlete' TM Fight

    A Maryland youth nonprofit has asked the U.S. Supreme Court to review a Federal Circuit decision that allowed a company affiliated with LeBron James to cancel its trademark registration for "I Am More Than An Athlete" based on common-law rights.

  • May 06, 2026

    Fed. Circ. Affirms DraftKings' PTAB Loss Wasn't 'Clerical Error'

    The Federal Circuit on Wednesday backed the Patent Trial and Appeal Board's decision to uphold one claim of an online gaming patent challenged by DraftKings, rejecting the company's argument about making a "clerical error."

  • May 06, 2026

    Womble Bond Adds Moore & Van Allen IP Trio in Charlotte

    Three Moore & Van Allen PLLC intellectual property attorneys have moved to Womble Bond Dickinson's growing Charlotte, North Carolina, office, it was announced Tuesday.

  • May 06, 2026

    AT&T Finds 'Thousands Of Use Cases' For AI In-House

    In-house counsel for AT&T said Wednesday that the company has found "thousands of use cases" for artificial intelligence models in intellectual property work, both in-house and for outside counsel.

  • May 05, 2026

    DJ Khalil Hit 'Dead End' With Ye Over Song Use, LA Jury Told

    DJ Khalil testified Tuesday in a California copyright infringement suit that he was initially excited Ye was using his instrumental track for what became the rapper's Grammy-winning song "Hurricane," but ultimately sought help from an artists rights company when he hit a "dead end" seeking payment from the rapper.

  • May 05, 2026

    Musk Sought Control Of OpenAI To Fund Mars City, Jury Told

    OpenAI President Greg Brockman defended OpenAI's for-profit conversion during a California federal jury trial Tuesday and accused Elon Musk of demanding "unilateral absolute control" over OpenAI to fund his plans for a city on Mars, while acknowledging under examination that Musk proposed his stake would "change quickly" with additional investors.

  • May 05, 2026

    Sanofi Unit Gets Backup In Fed. Circ. Double Patenting Appeal

    Canon, Sonos and several other tech and biopharma companies have thrown their weight behind a Sanofi subsidiary's appeal challenging how the Patent Trial and Appeal Board handles obviousness-type double patenting.

  • May 05, 2026

    Fed. Circ. Doubts It Can Hear T-Mobile Settlement Scuffle

    A Federal Circuit panel on Tuesday appeared skeptical that it can weigh an appeal stemming from a settlement agreement between T-Mobile and a company that accused it of infringing a Wi-Fi calling patent, even though both sides argued there were grounds for jurisdiction.

  • May 05, 2026

    Bike Trainer Co. Accuses Rival Of 'Hallucinations' In Brief

    A maker of bike trainers has alleged that a rival included "hallucinations" while reciting the language of claims from a patent in a Georgia federal suit seeking to toss a complaint before the U.S. International Trade Commission.

  • May 05, 2026

    Apple Urges Full Fed. Circ. To Undo Original Watch Import Ban

    A Federal Circuit panel erred when finding the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features, the tech giant behind the devices said in a plea for rehearing by the full court.

  • May 05, 2026

    11th Circ. Revives Annie Leibovitz 'Star Wars' Photo IP Dispute

    The Eleventh Circuit vacated an early win handed to a digital outlet accused of impermissibly using renowned photographer Annie Leibovitz's images taken on the set of a new "Star Wars" film that were featured in Vanity Fair, ruling on Tuesday the lower court's "understanding of copyright law was not quite right."

  • May 05, 2026

    Democrat Calls Squires' Board Of Peace Answers 'Incoherent'

    The ranking Democrat on the House Judiciary Committee on Tuesday had more probing questions for U.S. Patent and Trademark Office Director John Squires about his decision to file trademark applications for U.S. President Donald Trump's "Board of Peace," telling Squires that his answers under oath at a March oversight hearing were "incoherent."

  • May 05, 2026

    Va. Judge Clears Amazon On 4 Of 5 DivX Video Patents

    A Virginia federal judge has trimmed much of the remainder of a lawsuit accusing Amazon of infringing video processing patents owned by California-based video technology company DivX, but let one of the patents remain at play.

  • May 05, 2026

    Sportswear Co. Seeks To Flunk Schools' Trademark Win Bid

    Print-on-demand retailer Vintage Brand urged a Georgia federal judge to deny a host of universities an early win in their trademark infringement suit against the company over its sports merchandise, arguing that their motion rests on the disputed premise that their imagery is covered by the Lanham Act.

Expert Analysis

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Fed. Circ. In Jan.: On The Validity Of Expert Testimony

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    The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.

  • Reel Justice: 'Sentimental Value' And Witness Anxiety

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    "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • An Instructive Reminder On Appealing ITC Determinations

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    A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

  • Clarifying A Persistent Misconception About Settlement Talks

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    An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

  • Opinion

    Federal Preemption In AI And Robotics Is Essential

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    Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

  • Series

    Law School's Missed Lessons: What Cross-Selling Truly Takes

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    Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

  • What 'Precedential' Decisions Reveal About USPTO's Direction

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    Significant procedural changes at the U.S. Patent and Trademark Office last year have reshaped patent litigation and business strategies and created uncertainty around the USPTO's governing rules, but an accounting of the decisions the office designated as precedential and informative sheds light on the agency's new approach, say attorneys at Sterne Kessler.

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