Intellectual Property

  • May 18, 2026

    Calif. High School Athletes Say State's NIL Ban Exploits Them

    High school athletes told a California federal judge that state regulations unfairly limit their name, image and likeness opportunities, contrary to the state governing body's claim that the rules exist to protect amateurism and keep transfers reasonable.

  • May 18, 2026

    Former USPTO Directors Diverge On Patent Injunctions

    The debate over the role of injunctions in patent cases remains active in the U.S., and European leaders shouldn't think that there is a "consensus" in the country, said former U.S. Patent and Trademark Office Director Kathi Vidal.

  • May 18, 2026

    Game Co. Seeks Damages Boost To $1.4B In False Ad Case

    A mobile game company that won a $420 million jury verdict in April against a rival over its use of bots and representations that its games relied on skill has urged a New York federal judge to order an increased disgorgement of $1.4 billion, arguing it was "hard to imagine a civil case with a worse defendant."

  • May 18, 2026

    NYT, Tribune Say Perplexity Can't Fault Users For Bot Outputs

    The New York Times and the Chicago Tribune on Friday urged a New York federal judge to reject Perplexity AI's bid to pare down their copyright and trademark lawsuits, arguing the company cannot blame users for allegedly infringing outputs generated by a system Perplexity itself built with copied news content.

  • May 18, 2026

    Musk's XAI Opposes Anonymity In Deepfake Suit

    Elon Musk's xAI is asking a California federal court to force the use of the real identities of a group of women suing over Grok-generated deepfake images of them in sexual situations, saying they haven't shown that proceeding under pseudonyms is necessary to protect their privacy.

  • May 18, 2026

    Takeda Liable In IBS Drug Pay-For-Delay Trial

    A federal jury in Boston on Monday found Takeda Pharmaceuticals conspired with a generic-drug maker to delay the launch of a generic version of Takeda's anti-constipation drug, awarding purchasers $885 million, a figure that's expected to swell after a rule tripling plaintiffs' antitrust damages is applied.

  • May 18, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of celebrity estate litigation, merger disputes, investor suits, record demands, sanctions fights and questions over corporate moves away from Delaware.

  • May 18, 2026

    MLB's Cubs Seek Quick Win In TM Battle With Bar Owner

    The Chicago Cubs told an Illinois federal court to grant them a quick win in the Major League Baseball team's trademark infringement suit against a bar owner who, among other things, allegedly kept using the team's trademarks even after his licensing agreement with it expired.

  • May 18, 2026

    2nd Circ. Looks Poised To Uncork Reversal In Wine TM Fight

    The Second Circuit appeared inclined Monday to reverse a trial judge's findings that left a California winery owing $1.3 million to Italian vintner Cesari SRL in a well-aged trademark dispute, with three judges suggesting the case was improperly decided.

  • May 18, 2026

    Justices Deny Loper Bright-Based Challenge To 1-Line Orders

    The U.S. Supreme Court on Monday rejected yet another challenge to the Federal Circuit's use of one-line orders to affirm Patent Trial and Appeal Board decisions, a practice CAO Lighting Inc. argued violates the high court's Loper Bright Enterprises v. Raimondo precedent.

  • May 18, 2026

    Justices Refuse To Review Alice Ax Of $223M USAA Case

    The U.S. Supreme Court on Monday rejected the United Services Automobile Association's appeal of a Federal Circuit decision that wiped out $223 million in judgments it won against PNC Bank and found the mobile check deposit patents at issue invalid for covering only abstract ideas.

  • May 18, 2026

    Supreme Court Won't Revive Car ID Patent Claims

    The U.S. Supreme Court on Monday shot down a vehicle identification system patent owner's challenge to the Federal Circuit's reversal of the Patent Trial and Appeal Board's decision allowing it to amend claims in two patents challenged by rideshare giant Lyft.

  • May 15, 2026

    Fed. Circ. Drops A Theme Song, Talks Guest Judges

    The Federal Circuit's full lineup came together Friday to provide practitioners with insight about their experience sitting on other courts, in a conference where the chief judge dropped the court's first (and only) single.

  • May 15, 2026

    Software Firm Seeks Belgian Venue For Calif. Cannabis Suit

    A Belgian software company has urged a California state court to throw out a nearly $400,000 fraud and breach of contract lawsuit filed by the owners of the PlugPlay cannabis vape brand, arguing both sides agreed all disputes must be litigated in Belgium.

  • May 15, 2026

    Artist's Atty Owes Disney $475K Sanctions In 'Moana' IP Case

    An attorney representing an animator who unsuccessfully alleged that The Walt Disney Co.'s "Moana" lifted his Polynesian adventure story must pay more than $475,000 in sanctions, a California federal judge ruled, saying he "acted recklessly" by pursuing trade secret misappropriation claims premised on a forged document.

  • May 15, 2026

    Med Device Groups 'Overshot' In Fair Use Args, Judge Says

    A judge on a D.C. Circuit panel said a set of industry groups covering the advanced medical device industry might have "overshot" in a challenge to a Library of Congress exemption that said use of copyrighted software for the purpose of repairing those devices fell under fair use, since the groups tried to lump the software that merely operates the machines into the case.

  • May 15, 2026

    Maxim Denied Bid To Stop Playboy Contest Amid IP Suit

    A New York federal judge shot down Maxim's bid to stop Playboy from allegedly ripping off the mechanics behind Maxim's "Cover Girl Competition," saying Maxim's delay in voicing misappropriation concerns and efforts to partner with Playboy amid the magazine's "Great Playmate Search" undermined Maxim's claims of irreparable harm.

  • May 15, 2026

    Fed. Circ. Urges Justices To Reject Newman Suspension Case

    The Federal Circuit has urged the U.S. Supreme Court not to hear Judge Pauline Newman's appeal targeting a suspension imposed on her by the court's other judges, arguing that a lower court correctly held that her challenges to the order are not subject to judicial review.

  • May 15, 2026

    Fed. Circ. OKs Decisions Clearing Banks In Patent Cases

    The Federal Circuit on Friday backed lower court decisions that cleared a pair of banks of allegations that they infringed an online banking patent, but threw out a nearly $85,000 sanctions order against the patent owner and its counsel.

  • May 15, 2026

    McKesson Settles Trade Secrets Suit Against Former Exec

    A healthcare services company and the former senior executive it accused of disclosing confidential information and trade secrets reached a settlement, dismissing the case less than two months after the company filed its complaint, according to a joint stipulation for dismissal filed Friday in Colorado federal court.

  • May 15, 2026

    Meta Fights Uphill To Nix BIPA Voiceprint Privacy Claims

    A California federal judge said Friday she's inclined to deny Meta Platforms Inc.'s summary judgment bid on an Illinois resident's claims Meta violated the Prairie State's Biometric Information Privacy Act by obtaining her voice recordings from Facebook and Messenger platforms, saying there's enough evidence to establish a material factual dispute.

  • May 15, 2026

    Judge Won't Undo Ax Of Location Patent Suit Against Google

    A New York federal judge said he would not grant a favorable judgment or a new trial to the owner of a location tracking patent who accused Google of infringement, saying the owner had not raised any arguments that would merit disturbing the finding that he acted with intent to deceive the U.S. Patent and Trademark Office.

  • May 15, 2026

    Alex Jones Can 'Freely Compete' With Infowars, Court Told

    The operator of Infowars says bankrupt broadcaster Alex Jones has a legal right to "freely compete" with his former outlet, telling a Texas appeals court the website shut down because a court-appointed receiver failed to pay a third-party streaming service, not because Jones absconded with its property.

  • May 15, 2026

    Jury Says Hardware Co. Owes $9.4M In Texas Patent Trial

    A Texas federal jury said that a decorative hardware company owes more than $9.4 million for infringing a series of patents relating to electrical outlet cover plates that include other functions like LED lights and USB chargers.

  • May 15, 2026

    X.AI Urges 9th Circ. To Block Calif. AI Data Disclosure Law

    Elon Musk's company, X.AI LLC, has asked the Ninth Circuit to overturn a California court's refusal to block a state law that requires artificial intelligence developers to publicly disclose details about their training data, saying the judge's decision was "flawed from top to bottom."

Expert Analysis

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Sizing Up The 3-Way Battle For 'Iceman' IP Rights

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    A complex intellectual property conflict is unfolding between athletes Caleb Williams, George Gervin and Chuck Liddell — each of whom has different, credible claims to the "Iceman" nickname and associated trademark rights, say attorneys at Foley & Lardner.

  • Opinion

    Proposed Pro Codes Act Raises Constitutional Concerns

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    If passed, the Pro Codes Act being considered in the U.S. House of Representatives would fundamentally alter how technical standards are treated under U.S. law, and potentially conflict with the Fifth Amendment's takings clause, says Paul Taylor at George Mason University.

  • How The Coming Months Will Shape State Drug Price Boards

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    The future of state prescription drug affordability boards may be determined in the next few months, between an upcoming court decision in a challenge against state authority to set drug prices, and pending state decisions about whether to use federal Medicare maximum fair prices as reference, say Michael Kolber, Steven Chen and Kelechi Ezealaji at Manatt.

  • High Court 'Skinny Label' Case Will Matter To Tech Litigators

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    Hikma v. Amarin, set for oral argument in the U.S. Supreme Court on Wednesday, has potential to affect not just generic drug label-based evidence in patent cases, but also how technology inducement cases are presented and proven, says attorney Abdul Abdullahi.

  • Opinion

    New Legislation May Be Necessary To Fix Flawed Cox Ruling

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    The U.S. Supreme Court's opinion in Cox v. Sony erroneously limited the doctrine of contributory copyright infringement and effectively eliminated such liability for internet service providers, and the most viable option to remedy the damage is to codify the pre-Cox common law of contributory copyright infringement, says Michael Cicero at Mavacy.

  • Reel Justice: 'No Other Choice' And Moral Rationalization

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    In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

  • 5 Trial Lessons You Learn By Losing

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    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

  • Fed. Circ.'s Christmas Tree Verdict Presents Patent Suit Tips

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    The Federal Circuit's recent decision in Willis Electric v. Polygroup, upholding a $42.5 million verdict for infringing an artificial prelit Christmas tree patent, underscores important strategies and considerations for both patent owners and accused infringers when dealing with obviousness challenges and damages calculations, say attorneys at BCLP.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Cos. Must Update Protocols To Protect Trade Secrets From AI

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    A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

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