Intellectual Property

  • March 20, 2026

    EU Takes Aim At Chinese Patent Issues At WTO

    A World Trade Organization body has agreed to look into a dispute lodged by the European Union against Chinese licensing patent measures that the EU says unduly restrict the ability of certain patent holders to exercise and enforce their patent rights.

  • March 20, 2026

    Fed. Circ. Revives Patent Infringement Suit Over Paint Tech

    The Federal Circuit on Friday threw out a lower court's finding that a spray paint equipment supplier didn't infringe patents covering a part used in paint applications, saying the district court judge misinterpreted certain elements of the patents.

  • March 20, 2026

    White House Pushes Congress To Override State AI Laws

    The White House directed Congress to preempt "burdensome" state laws on artificial intelligence in a legislative framework released Friday.

  • March 20, 2026

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

    The past week in London has seen an ex-professional footballer revive a dispute with Charles Russell Speechlys, Virgin Media face a group data protection claim after hundreds of thousands of customers' personal details were exposed online for months, and Mishcon de Reya sued by a real estate private equity firm founded by a former Morgan Stanley executive.

  • March 19, 2026

    Costco Wipes Out Bum Bum Cream Co.'s Trade Dress Suit

    Costco and Apollo Healthcare Corp. defeated a rival's trade dress infringement counterclaim alleging they ripped off the design elements of its "Brazilan Bum Bum" cream container with a rounded bottom and an overhanging lid, after a New York federal judge said Tuesday each of the features is functional and therefore unprotectable.

  • March 19, 2026

    5th Circ. Weighs Release Of Apple IP Agreements To Xiaomi

    A Fifth Circuit panel on Thursday asked why patent licensing agreements between Apple Inc. and Blackberry Corp. should be circulated beyond outside counsel of a Chinese rival to Apple involved in overseas litigation, questioning the parties on why they "can't live" with an exclusion preventing in-house counsel from seeing the records.

  • March 19, 2026

    Fed. Circ. Rejects Last Challenge To Squires' Discretion

    The Federal Circuit on Thursday shot down Volkswagen's mandamus petition claiming that the U.S. Patent and Trademark Office director shouldn't have "unfettered discretion" to deny Patent Trial and Appeal Board challenges, closing the last of 14 related appeals.

  • March 19, 2026

    USPTO Requires US-Registered Attys For Foreign Patent Apps

    The U.S. Patent and Trademark Office on Thursday finalized a rule requiring that foreign patent applicants and owners be represented by attorneys registered with the agency, saying other intellectual property offices have such a policy and arguing that the measure will help combat fraud.

  • March 19, 2026

    Nokia, Warner Bros. Seek To End Video-Coding Patent Suit

    Nokia and Warner Bros. on Thursday agreed to end a legal fight in Delaware federal court after the Hollywood studio earlier this month lost its bid to toss claims that it infringed a set of the Finnish company's video-coding patents.

  • March 19, 2026

    Del. Supreme Court Revives Payscale's Noncompete Suit

    The Delaware Supreme Court on Thursday revived Payscale Inc.'s lawsuit seeking to enforce an 18-month noncompete agreement and related restrictive covenants against a former sales executive, ruling that a lower court dismissed the case too early by improperly weighing facts and drawing inferences against the company.

  • March 19, 2026

    Apple Watch Redesign Gets Early OK As Patent Loss Upheld

    The Federal Circuit on Thursday affirmed a U.S. International Trade Commission decision that found a previous version of the Apple Watch infringes two Masimo blood oxygen monitor patents, but the ruling came one day after an ITC judge said Apple's redesigned version does not infringe those patents.

  • March 19, 2026

    Squires Concludes That Foreign Gov'ts Can't File AIA Petitions

    U.S. Patent and Trademark Office Director John Squires said foreign governments cannot file patent challenges under the America Invents Act, providing the reasoning for his February rejection of a Chinese company's proceeding against an LG touch screen patent.

  • March 19, 2026

    Fintech Co. Says It Caught Rival Stealing Code 'Red-Handed'

    Financial technology company MyCard Inc. has filed a suit against rival Atomic FI Inc. in Delaware federal court alleging MyCard has uncovered direct evidence that the competitor copied proprietary software after planting a hidden "honeypot" string in MyCard's code.

  • March 19, 2026

    Drug Co. Can't Claim Most Docs Contain Trade Secrets At Trial

    A Manhattan federal judge ruled Thursday that a pharmaceutical consulting company won't be allowed to argue to a jury that thousands of documents it did not enter into evidence contain trade secrets amid an ongoing misappropriation trial.

  • March 19, 2026

    Still No Shenanigans: Fed. Circ. Keeps Review Bar High

    The Federal Circuit's rejection of all mandamus petitions asking it to rein in the way U.S. Patent and Trademark Office leadership is ​evaluating patent challenges cements the appeals court's near-impossible standard for reviewing institution decisions, attorneys say.

  • March 19, 2026

    Snoop Dogg's Ice Cream Co. Settles 'Swizzle' TM Battle

    Recording artist Snoop Dogg's ice cream company and the fruit bouquet retailer Edible Arrangements have settled a trademark dispute after mediating their use of the word "swizzle" before a Connecticut federal judge.

  • March 19, 2026

    Organizers Of 7-Marathon Event Accuse Rival Of Defamation

    The organizers of an event to run seven marathons across all seven continents in seven days accused two California residents who have organized a similar event of defamation in Florida federal court, alleging they tried to divert participants away via "harassment and intimidation."

  • March 19, 2026

    Pallet Biz Tells Mich. Judge To Toss Discovery Bid

    Pallet company Palltronics is urging a Michigan federal court to deny a rival firm's request for more discovery in their trade secret dispute, arguing the request is unnecessary, premature and filed in bad faith.

  • March 19, 2026

    Brewery Founder Can't Knock Out $31M Logo Battle

    A Georgia federal judge sent to trial a long-running dispute over the ownership of Atlanta-based Sweetwater Brewing's leaping trout logo after ruling Thursday that she couldn't yet sort out "a case so centrally rooted in the conflicting testimony" of the designer and the brewery's former owner.

  • March 19, 2026

    Judge Declines New Trial Over Smart TV Patents After LG Win

    A Texas federal judge won't disturb a jury verdict clearing LG Electronics of allegations that it infringed Multimedia Technologies Pte. Ltd.'s smart television patents, shooting down the patent owner's challenge to the finding that the patents were invalid.

  • March 19, 2026

    Netflix Sinks Patent Claim In Streaming Tech Dispute

    Netflix has scored a win in a suit the streaming giant brought asserting it did not infringe a Broadcom subsidiary's data-caching patents, with a judge finding a patent claim was directed at an ineligible abstract idea.

  • March 19, 2026

    TriZetto Wants To Expand IP Claims Against Infosys

    Cognizant TriZetto Software Group has asked a Texas federal judge to allow it to amend its trade secret suit against Infosys Ltd., saying a recent discovery has revealed that Infosys' alleged misconduct "goes much deeper."

  • March 19, 2026

    Copyright Office Seeks Fee Hikes For First Time Since 2020

    The U.S. Copyright Office is proposing its first major fee overhaul since 2020, saying in rulemaking unveiled Thursday that the changes are needed to account for inflation and a drop in cost recovery since the agency's last fee adjustment.

  • March 19, 2026

    More Discovery Allowed On USPTO Patent Quality Program

    A Washington, D.C., federal magistrate judge has reopened discovery into whether the U.S. Patent and Trademark Office covertly revived a now-defunct program for flagging "sensitive" patent applications for extra review.

  • March 19, 2026

    Norton Rose Expands IP Team With Fish & Richardson Hire

    Norton Rose Fulbright has welcomed a Minneapolis-based patent prosecution and post‑grant proceedings partner from Fish & Richardson PC, saying Thursday that his hire "further deepens the firm's ability to deliver end‑to‑end intellectual property counsel."

Expert Analysis

  • 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.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

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