Intellectual Property

  • October 05, 2026

    Judge Clevenger's Intellect Defined His Time On Fed. Circ.

    Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

  • October 05, 2026

    Amazon, Crocs Sue Sellers Over Alleged Classic Clog Dupes

    Amazon and Crocs have kicked off a trademark infringement case in Washington federal court, accusing several third-party sellers of conspiring to peddle counterfeit versions of the casual clogs on the e-commerce platform.

  • October 05, 2026

    ByteDance Can't Shake YouTubers' AI Video Copyright Suit

    A California federal judge refused Friday to throw out copyright litigation alleging TikTok owner ByteDance Inc. illegally scraped millions of YouTube videos to train its text-to-video AI products, finding that the content creators plausibly allege they've been harmed and that ByteDance circumvented at least some of YouTube's technological protections.

  • October 05, 2026

    Nokia Says Pornhub Owner Freeloads On Its Video Patents

    Nokia has filed a lawsuit in Texas federal court accusing Pornhub owner Aylo Holdings of infringing seven of its video coding patents in order to provide videos to "many millions of users."

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    9th Circ. Revives Antitrust Suits Against Invisalign

    The Ninth Circuit on Monday reversed Invisalign-maker Align's summary judgment win in two class actions accusing the company of monopolizing the clear teeth aligner market, saying in a published opinion that Align's true reason for ending tech interoperability with a rival is still up for dispute.

  • October 05, 2026

    Airbnb Can't Monopolize 'BNB' Acronym, Real Estate Co. Says

    Airbnb cannot monopolize the acronym "BNB," which is an internationally recognized, generic and unregistrable abbreviation for "Bed and Breakfast," and its opposition to a luxury real estate management enterprise's trademark application for "LUXBNB" should be dismissed, alleges a declaratory action filed Monday in New York federal court. 

  • October 05, 2026

    Big 3 Telecoms Want Antitrust Suit Over Wi-Fi Calling Tossed

    The nation's largest three mobile carriers — AT&T, Verizon and T-Mobile — are ready to wash their hands off a lawsuit accusing them of conspiring to offer free Wi-Fi calling as a way to monopolize the market for the service.

  • October 05, 2026

    Roblox Escapes Artist's AI Copyright Claims, For Now

    A California federal judge has allowed Roblox Corp. to duck claims from a 3D artist that his work had its copyright management information removed when it was used to train artificial intelligence but gave the artist a chance to remedy the issues with his suit.

  • October 05, 2026

    Fed. Circ. Partially Revives Wall Outlet Cover Patent Suit

    The Federal Circuit on Monday revived part of SnapRays LLC's case accusing O'Reilly Winship LLC of infringing patents covering a type of plastic plate that covers wall outlets, saying a Texas federal court messed up a piece of claim construction in the case.

  • October 05, 2026

    Burger King Says Ex-Franchisee Infringed With 'Jumbo King'

    Burger King is asking a Florida federal court to shut down three competing restaurants in New Jersey for alleged trademark infringement, claiming that the shops are run by a former franchisee who renamed her business as "Jumbo King" in violation of a prior settlement agreement.

  • October 05, 2026

    Huawei And Qualcomm Strike Patent Licensing Deal

    China's Huawei Technologies Co. Ltd. and U.S.-based Qualcomm Inc. said Monday they have reached a multi-year patent licensing agreement that involves Qualcomm purchasing some of Huawei's U.S. patents.

  • October 05, 2026

    OpenAI's 'Astra' Name Causes 'Reverse Confusion,' Co. Says

    OpenAI's launch of Astra, its flagship AI model, threatens to make an earlier user of the name appear to be a copycat, a California software company claimed Monday in a federal trademark lawsuit.

  • October 05, 2026

    Pepperdine Asks 9th Circ. For Another Shot At Netflix TM Suit

    Pepperdine University is urging the Ninth Circuit to revive its trademark suit over the "Waves" team name used in a Netflix sports comedy series starring Kate Hudson, arguing that the district court judge's approach, "would give the entertainment industry carte blanche to infringe trademarks at will."

  • October 05, 2026

    Chancery Allows Discovery In Boehringer Trade Secrets Fight

    The Delaware Chancery Court Monday allowed Boehringer Ingelheim Pharmaceuticals Inc. to move ahead with discovery in its trade secrets fight against United Therapeutics Corp., but rejected the drugmaker's request for a rapid-fire forensic discovery schedule, finding Boehringer waited too long to justify that level of emergency relief.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Comedy Festival Accuses Apple, Tubi Of Infringement

    The organizer of America's longest-running urban comedy festival sued several entertainment distributors and a producer in Georgia federal court, accusing them of streaming its content on platforms including AppleTV+ and Tubi without authorization.

  • October 05, 2026

    High Court Won't Take Up Maine Lobster Boat Tracking Suit

    The U.S. Supreme Court on Monday declined to consider a constitutional challenge to Maine's tracking of vessels that hold federal lobster permits, a policy several lobster fishermen claimed violated their privacy rights.

  • October 05, 2026

    Aerosonic Wins $116.8M In Joby Aero Air Data Probe IP Trial

    A Florida federal jury has awarded $116.8 million to aviation manufacturer Aerosonic LLC in its case alleging Joby Aero Inc. stole intellectual property related to air data probes.

  • October 05, 2026

    Justices Skip 2 Patent Cases, 1 Trade Secret Dispute

    The U.S. Supreme Court on Monday rejected a trio of petitions concerning patent and trade secret litigation, declining to review questions about damages apportionment and patent eligibility.

  • October 02, 2026

    Amazon Seeks Records Around Lawyer's USPTO Suspension

    An attorney Amazon has accused of furthering a scheme to fraudulently register thousands of trademarks and use them to report infringement by rival Amazon merchants must hand over documents related to her discipline in California and Washington, the retail giant argued in a Washington federal court filing Thursday.

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Chemical Co. Secures $1.25M In Fees In Trade Secrets Case

    A chemical distributor was awarded nearly $1.25 million in attorney fees by a Seattle federal judge but was denied exemplary damages after winning $1.9 million in a trial against former employees accused of lifting trade secrets as they left the company.

  • October 02, 2026

    Major League Soccer Wins Copyright Registration For Crest

    The U.S. Copyright Office Review Board has ruled that Major League Soccer's 2014 crest is eligible for copyright protection, overturning an earlier refusal that found the logo lacked sufficient creative authorship.

  • October 02, 2026

    EDTX Judge Suggests Toyota Should Win Axle Patent Case

    Ahead of a trial scheduled for November, an Eastern District of Texas magistrate judge has recommended granting Toyota's motion for summary judgment that its vehicle transaxles do not infringe an individual inventor's patent on vehicle power generation technology.

Expert Analysis

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • What Greek Tragedy Teaches About Mediating AI Disputes

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    While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and familiar questions for mediators dealing with artificial intelligence disputes, including the functional differences between adjudication and resolution, says Giuseppe De Palo at JAMS.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • And Now A Word From The Panel: Accessing Key MDL Data

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    As the Judicial Panel on Multidistrict Litigation convenes for its September hearing session, it is useful to examine the treasure trove of historical and statistical information about MDLs past and present that the panel makes available to the public on its own website, says Alan Rothman at Sidley Austin.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • 4 Opinions Showcase Hurdles To Trademarking Names

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    Four opinions issued by the Trademark Trial and Appeal Board this year show that names are only registrable as trademarks when they point to the applicant and to nobody else, says Anton Hopen at Trenam Law.

  • Reel Justice: 'The Furious' And Journalistic Evidence

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    Viewing "The Furious” from a litigator’s perspective highlights nuances that arise when gathering evidence from journalistic investigations, serving as a reminder to not only ask whether evidence is relevant, but also what legal framework governs the person or entity holding it, says Veronica Finkelstein at Widener-Delaware Law.

  • 'Demon Hunter' IP Suit Highlights Reverse Confusion Perils

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    A metal band named Demon Hunter's recently filed lawsuit against Netflix, alleging that consumers mistakenly believe it to be connected to the "KPop Demon Hunters" movie, provides a useful vehicle for examining the reverse confusion doctrine and its practical implications, say attorneys at Troutman Pepper.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • Resetting For Success After Corporate Litigation Loses Focus

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    Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

  • How Bifurcation And Verdict Forms Can Sway Jury Outcomes

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    The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

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