Intellectual Property

  • October 01, 2026

    Google Beats Online Publishers' AI Overviews Antitrust Suit

    A D.C. federal judge on Wednesday dismissed antitrust suits from Chegg Inc. and Penske Media Corp. against Google, finding that their central claims that the search engine giant coerces publishers into supplying free content for its artificial intelligence products "fail to get out of the starting gate." 

  • October 01, 2026

    Fed. Circ. Won't Rethink Vacating Contractor's $12.7M Award

    The Federal Circuit said Thursday it won't disturb a unanimous three-judge panel's decision vacating a roughly $12.7 million award a software developer won against the federal government over unauthorized software copies, denying a panel rehearing and rehearing en banc.

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    Liquidia's Yutrepia Found To Infringe Lung Treatment Patent

    A Delaware federal judge has ruled that Liquidia was infringing two claims of a patent covering methods of treating pulmonary hypertension associated with interstitial lung disease by seeking approval to market the drug Yutrepia.

  • October 01, 2026

    Northwestern's IP License With Feds Doesn't Protect Moderna

    Moderna Inc. has lost its attempt to escape Northwestern University's patent infringement suit over COVID-19 vaccinations by citing the university's patent licensing agreement with Moderna's customer — the federal government.

  • October 01, 2026

    Bill Withers' Estate Sues Capitol, UMG Over Olivia Dean Song

    Capitol Records, Universal Music Group, Sony and others were sued Thursday in California federal court by the late R&B and soul singer Bill Withers' music publisher, which accused them of infringing the melody of his song "Just the Two of Us" for Olivia Dean's song "I've Seen It."

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Janssen Secures Temporary Block Against Arthritis Biosimilar

    A Delaware federal judge has blocked Accord BioPharma from manufacturing a biosimilar version of Janssen's arthritis treatment Simponi while the Johnson & Johnson unit's patent lawsuit plays out.

  • October 01, 2026

    Judge Tosses Infringement Claims Against Baseball Critic

    A New York federal judge dismissed some trademark and copyright infringement claims that Cooperstown Dreams Park had lodged against a YouTuber who mocked its youth baseball facility as a place where youngsters' big league ambitions "go to die."

  • October 01, 2026

    Snell & Wilmer Nabs IP Pro In California From Morgan Lewis

    Snell & Wilmer announced Thursday it has hired a former Morgan Lewis & Bockius attorney to join its intellectual property group, with a focus on life sciences and technology. 

  • October 01, 2026

    Mich. Court Tosses Copyright Suit Against NBA's Pelicans

    An artist who has accused the NBA's New Orleans Pelicans of copyright infringement for imitating his works' "signature style" in social media posts failed to establish how the team's conduct was connected to Michigan, a Michigan federal court ruled, granting dismissal. 

  • October 01, 2026

    Trump Announces Judicial Noms For 5th Circ., NC

    President Donald Trump announced Thursday that he's nominating Todd Butler, a managing partner at Phelps Dunbar LLP, to serve as a judge on the Fifth Circuit. 

  • October 01, 2026

    McKool Smith Litigation Duo Joins Gibson Dunn In Dallas

    Gibson Dunn LLP announced Thursday that it has added a pair of experienced patent litigators in Dallas who came aboard from McKool Smith.

  • September 30, 2026

    Ex-HSBC Exec Tells Jury Huawei CFO Vouched For Iran Biz

    A former HSBC executive on Wednesday testified in the racketeering trial of Huawei and three subsidiaries that he thought the Chinese telecommunications firm's business dealings in Iran were aboveboard, following assurances during a 2013 meeting from Huawei's chief financial officer.

  • September 30, 2026

    'Numerical Mumbo Jumbo': Gogo Escapes $22.7M IP Damages

    A federal judge Wednesday undid a damages award of roughly $22.7 million against Gogo Business Aviation for infringing four patents held by rival in-flight Wi-Fi company SmartSky Networks, saying SmartSky had leaned on "numerical mumbo jumbo" in its damages case before a Delaware jury.

  • September 30, 2026

    Eli Lilly Loses Full Fed. Circ. Bid To Nix Teva's $177M IP Win

    Federal Circuit judges Wednesday denied Eli Lilly & Co.'s bid for a full court review of a panel decision that reinstated a $177 million jury verdict against it for infringing Teva headache drug patents, while one dissenting judge said the panel's holding "creates confusion" over enablement standards for patent method claims.

  • September 30, 2026

    Victoria's Secret Violated Deal For Instagram Ad, Model Says

    Victoria's Secret unlawfully used a professional model's entire face in a recent Instagram perfume advertisement, despite explicit restrictions in the parties' contract to use less than 30%, and refused to pay additional compensation for doing so, according to a right-of-publicity lawsuit filed in California federal court.

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    PTAB Invalidations Chip Away At Stratasys' $28M Trial Victory

    The Patent Trial and Appeal Board has invalidated as obvious nearly all claims Bambu Lab Ltd. challenged in three Stratasys Inc. 3D printer patents, including the patent claims underlying $2.8 million of Stratasys' $27.6 million infringement trial win in Texas.

  • September 30, 2026

    Military Drone Makers' Trade Secrets Suit Survives Dismissal

    A Utah federal judge has allowed two military drone companies to proceed with most of their lawsuit accusing a former executive and his new company of misappropriating trade secrets to compete in the military drone market.

  • September 30, 2026

    Fed. Circ. Spurns Partial ParkerVision Appeal In Patent Suit

    The Federal Circuit on Wednesday found that it couldn't consider ParkerVision's challenge to a lower court's construction of some patent claims in its suit against Qualcomm while others from the same patent remain undecided, saying courts can't enter final judgments in such situations.

  • September 30, 2026

    Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

    A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

  • September 30, 2026

    Ga. Judge Must Justify No Sanctions In Alice-Doomed IP Case

    The Federal Circuit on Wednesday ordered a Georgia federal judge to explain why it wasn't appropriate to sanction Epic Tech LLC when there were three major signs the patent it asserted against Pen-Tech Associates Inc. was invalid.

Expert Analysis

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • Tips For Litigating Life Sciences Investigations At The ITC

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    The International Trade Commission may soon become a significant battleground for life sciences companies as global intellectual property and trade disputes continue, increasing the importance of learning the ITC's unique considerations and litigation strategies, say attorneys at Crowell & Moring.

  • Unsecured Synthetic Royalties May Be Returning

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    Recent royalty monetization deals mark a notable shift in a market that had largely moved away from unsecured synthetic royalty structures after a multiyear freeze triggered by the Mallinckrodt bankruptcy decision in 2022, which exposed a legal risk inherent to the structure, says Peter Schwartz at Covington.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • Celebs May Need Federal Protection To Fight Voice Deepfakes

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    Deepfakes and digital replicas are increasingly misappropriating celebrities' voices for commercial purposes, but unless federal right of publicity protections are developed, celebrities are left to rely on ill-equipped trademark and state law, say attorneys at Brown Rudnick.

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

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