Intellectual Property

  • September 04, 2026

    2nd Circ. Reopens Copyright Case Over Diamond Price List

    The Second Circuit on Friday reinstated a copyright suit brought by diamond price-listing company Rapaport USA Inc. claiming another company lifted information from Rapaport's catalog to put on its own website, agreeing that the district court shouldn't have dismissed the case before "crucial" questions were answered.

  • September 04, 2026

    ITC To Review Part Of Judge's Decision In Tool Patent Row

    The U.S. International Trade Commission will review parts of an administrative law judge's ruling that four patents on glow fish tape and a safety helmet system are not invalid in a legal battle between competing toolmakers.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    DivX Loses Bid For New Patent Trial After Loss To Netflix

    DivX cannot have a new trial over anti-copying and image-quality patents after a California jury cleared Netflix of infringement in March, a federal judge ruled Friday, saying the video compression technology company hasn't shown the jury's decision was not supported by substantial evidence.

  • September 04, 2026

    Split PTAB Gives Amazon Win On Speech Patent

    A split Patent Trial and Appeal Board has found that Amazon was able to show that claims in a speech recognition patent were invalid, the latest in a larger fight involving a patent litigation outfit that targeted the retail giant's Alexa virtual assistant.

  • September 04, 2026

    Microsoft Says Feeding Books And News To AI Is Fair Use

    Microsoft on Friday told a Manhattan federal court that using books and news articles to train the large language model behind the artificial intelligence model Copilot counts as fair use, and the company should therefore be granted a favorable judgment.

  • September 04, 2026

    Licensing Co., TSMC Settle ITC Chip Patent Case

    A company called Longitude Licensing Ltd. has reached a settlement with Taiwan Semiconductor Manufacturing Co. Ltd. to end a case against several technology companies at the U.S. International Trade Commission seeking a ban on imports of certain products.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    Trial Dates Vacated In Former Albright Cases, Schedules Stay

    The chief judge of the Western District of Texas has vacated the trial dates and hearings for cases that had been overseen by now-departed U.S. District Judge Alan Albright while the court works to reassign them, but said all other schedules and deadlines remain in effect.

  • September 04, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen institutional investors file new claims against British American Tobacco and Entain, Jellycat sue multiple British retailers in the patent court, and Shoosmiths LLP targeted in a claim by a property developer.

  • September 03, 2026

    BASF Unit Says Apple Stole Its Face Authentication IP

    A BASF SE subsidiary sued ​Apple in Texas federal court on Thursday alleging infringement of seven of its face authentication patents, saying that the Silicon Valley giant has been using the technology in iPhone ‌and ⁠iPad models without authorization or license.

  • September 03, 2026

    Altria Loses Constitutional Challenge To ITC Patent Cases

    A Virginia federal judge on Thursday shut down a suit by Altria claiming that U.S. International Trade Commission patent proceedings are unconstitutional, rejecting Altria's bid to halt an ITC vape patent case against it brought by Juul and granting summary judgment to the commission.

  • September 03, 2026

    Most Of Corteva's IP Claims Against Inari Move Along

    A Delaware federal court Thursday kept most claims alive in a case over seed intellectual property brought by Corteva Agriscience ahead of a trial set to begin later this month.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    X Secures Order Barring Startup's Use Of 'Twitter' Marks

    A Delaware federal judge blocked Operation Bluebird Inc. from using the Twitter brand Thursday at the request of X Corp., which sought an injunction after founder Elon Musk changed the company's name.

  • September 03, 2026

    8 Patent Reviews Instituted By Squires, Only 1 Denied

    In his latest round of decisions, U.S. Patent and Trademark Office Director John Squires instituted eight patent reviews Wednesday and rejected only one challenge.

  • September 03, 2026

    Fed. Circ. Judge's Post-Decision Recusal Won't Lead To Redo

    U.S. Circuit Judge Richard G. Taranto's decision to recuse himself from a case based on newly inherited Amazon stock is not enough to justify reconsidering the opinion he'd already issued, the Federal Circuit has ruled.

  • September 03, 2026

    Fed. Circ. Solidifies Vifor Win Over Iron Deficiency Patent

    The Federal Circuit on Thursday affirmed a lower court's decision that pharmaceutical company Vifor did not infringe a patent covering a method of making iron supplements asserted by rival Biofer.

  • September 02, 2026

    Walmart Says IP Suit Docs Can't Be Used In Malpractice Case

    Walmart has asked an Arkansas federal court to order food tech startup Zest Labs to comply with a protective order from the parties' settled trade secret dispute and block it from disclosing Walmart's confidential information in Zest's malpractice suit against its former attorneys.

  • September 02, 2026

    USPTO Policies Spur Reps To Float Conditions On Fee Power

    Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    ITC Reinstates Sun Import Ban Win After Squires Intervention

    The U.S. International Trade Commission has cleared a ban against Biofrontera dermatology device imports that infringe Sun Pharmaceuticals patents, following changes at the Patent Trial and Appeal Board.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    Reggaeton Suit Fails To ID Copyrighted Work, Judge Says

    A California federal judge has reconsidered an earlier ruling on the copyrighted elements of asserted works in a case dealing with the origins of reggaeton music, finding two musicians did not clearly identify what copyrighted work contains allegedly protectable elements.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

Expert Analysis

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Winter Olympics Put The Spotlight On IP Issues

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    This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

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    Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Why La. Ruling May Open NIL Deals For Int'l Student-Athletes

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    A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.

  • Weighing Confusion Claims In Shoes-NFL Steakhouse TM Suit

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    A recent New York federal infringement complaint by 1587 Sneakers against Patrick Mahomes and Travis Kelce's Kansas City steakhouse 1587 Prime confronts the thorny question of how much operating in different industries should factor into likelihood-of-confusion analysis and why consumer perception can matter most in trademark fights, says Nate Garhart at Spencer West.

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