Intellectual Property

  • June 02, 2026

    Chinese Protein Testing Tech Infringes US Patents, Co. Says

    A U.S. biotechnology company told the U.S. International Trade Commission that a Chinese company is importing and selling kits and other technology in the U.S. that infringe patents related to testing the proteins in genomes, and requested that the products be banned from entering the country.

  • June 02, 2026

    Marketing Data Exec Can't Appeal Sanctions, 8th Circ. Says

    The Eighth Circuit has held that the owner of a marketing data firm cannot appeal a civil contempt order and sanctions against him for failing to answer a copyright lawsuit since the order was not an appealable final decision.

  • June 02, 2026

    X Defends Antitrust Claims Against Music Publishers

    X. Corp. is defending its antitrust case accusing music publishers and their trade group of banding together to demand an industrywide license, telling a Texas federal court the publishers agreed not to negotiate with the social media platform individually.

  • June 02, 2026

    Patent Owner Looks To Undo Verdict Clearing Cisco

    EireOg Innovations Ltd. wants a Texas federal judge to erase a jury's finding that Cisco Systems Inc. didn't infringe its patent covering a way of managing parts of computer chips or to give the company another shot at proving its case before a different jury.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    Fed. Circ. Debates Line Between Extortion And Settlement

    A Federal Circuit panel Monday questioned whether OpenSky Industries LLC should be punished for allegedly extorting VLSI Technology LLC by threatening to challenge its patent, or if any misconduct would be covered under a doctrine meant to protect those petitioning the government.

  • June 01, 2026

    'Put Up Your Dukes': Duke Sued By Boxing Glove Co.

    Duke University is being sued by a boxing glove and equipment company for impermissibly using its "Put Up Your Dukes" marks in connection with apparel and on billboards near the school's stadium where its NCAA football team plays, according to a trademark infringement suit in Florida federal court.

  • June 01, 2026

    Trump Unveils 3 Picks For International Trade Commission

    President Donald Trump on Monday announced three more nominees to be members of the U.S. International Trade Commission, including the U.S. Senate Committee on the Judiciary's intellectual property policy director, a deputy assistant U.S. trade representative and a lobbying group's government affairs director.

  • June 01, 2026

    Meta VR Patent Suit Should End, Judge Recommends

    A Texas federal judge has recommended ending a virtual reality patent suit against Meta and rejected as "gamesmanship" patent owner Mullen Industries' bid to amend the suit, after it disclaimed numerous claims that Meta challenged in inter partes reviews.

  • June 01, 2026

    ITC To Review Ruling That Ended Juul Vape Patent For Njoy

    The U.S. International Trade Commission will take a second look at a ruling that threw out a Juul nicotine patent and dismissed the company's complaint accusing Altria and its Njoy brand of selling infringing vaporizer products, asking both sides to clarify how a key phrase in the patent should be understood.

  • June 01, 2026

    Fed. Circ. Side-Eyes ParkerVision Appeal In Qualcomm IP Suit

    A Federal Circuit panel Monday seemed reluctant to consider ParkerVision's challenge to a lower court's claim construction while other parts of its patent suit against Qualcomm remain pending, with one judge saying the litigation's protracted nature doesn't make it exceptional or justify special treatment.

  • June 01, 2026

    Moderna Tells Fed. Circ. US Must Face COVID Vax Patent Case

    Moderna has urged the Federal Circuit to rule that Arbutus Biopharma must pursue its patent infringement claims over Moderna's COVID-19 vaccine against the U.S. government, saying a lower court ruling that Moderna must face the multibillion-dollar suit was "deeply flawed."

  • June 01, 2026

    Feds Must Share Info On Source Code They Say Was Stolen

    A New York federal judge on Monday denied a quantitative trader's bid to escape a charge of trade secret theft but granted his request for prosecutors to turn over information on the source code he allegedly stole.

  • June 01, 2026

    Judge Trims Dental Patent Case, But Keeps Patent Alive

    A Delaware federal judge has refused to invalidate a pair of dental patents that medical technology companies Align Technology and Medit Corp. were accused of infringing, but did agree to narrow the case.

  • June 01, 2026

    AI Mapping Co. Says Rival's Copyright Suit Is Too Vague

    An artificial intelligence mapping software company sought to throw out a competitor's lawsuit accusing it of copying thousands of the firm's property maps, telling a Colorado federal judge the competitor never identified which maps had allegedly been infringed.

  • June 01, 2026

    Ramey Takes Fight Against $162K Fee To Supreme Court

    Prolific patent attorney William Ramey has asked the U.S. Supreme Court to look at a case in which his client was ordered to pay the attorney fees of a rival litigant after the case was tossed for asserting expired patents, saying the case had seen the standard for attorney fee awards "rewritten."

  • June 01, 2026

    JPMorgan Defeats Suit Over Transaction Processing Patent

    JPMorgan Chase & Co. was able to dodge a suit accusing it of infringing a patent covering a way to process a financial transaction, after a Delaware federal judge agreed that the patent didn't pass the U.S. Supreme Court's Alice test.

  • June 01, 2026

    Ex-Real Estate Sales Directors Barred From Using Secrets

    Former sales directors, accused by a real estate broker serving the South of participating in a corporate raid and trade secret heist that siphoned millions in sales volume, agreed Monday in North Carolina Business Court not to use or disseminate any of its confidential information or trade secrets.

  • June 01, 2026

    NC Biz Court Bulletin: Referee Tapped, CEO To Be Deposed

    The North Carolina Business Court rounded out May by appointing a discovery referee in a healthcare antitrust class action and ordering the deposition of a top executive in a trade secrets battle, in addition to fielding a new complaint alleging unpaid capital contributions for a captive insurance company.

  • June 01, 2026

    US Trade Officials Open IP Probe Into Vietnam

    U.S. trade officials have launched an investigation into Vietnam over what they said were concerns about how the country is allegedly not effectively protecting the rights of intellectual property owners.

  • June 01, 2026

    Judge Tosses USPTO 2-Factor Authorization Patent Suit

    A Court of Federal Claims judge has dismissed a lawsuit against the U.S. Patent and Trademark Office that claimed its website infringed patents covering two-factor authorization, agreeing with the office that the litigation mimicked a suit that was thrown out in 2016.

  • June 01, 2026

    ITC Launches Digital Transmission Of Confidential Docs

    Lead counsel in investigations conducted by the U.S. International Trade Commission will be able to receive confidential documents through the commission's online portal starting Monday, the ITC announced. 

  • June 01, 2026

    TriZetto, Infosys Fight Each Side's CEO Deposition Bids

    Cognizant TriZetto Software Group and Infosys Ltd. have filed dueling motions to block depositions of each other's top executives in a trade secret lawsuit over allegations that Infosys misused confidential access to TriZetto's healthcare software to build competing products.

  • June 01, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving merger litigation, startup financing battles, cryptocurrency contracts, investor oversight claims and corporate governance challenges, while also issuing notable rulings in cases tied to World Wrestling Entertainment Inc., cybersecurity company KnowBe4 Inc. and biotechnology firm Ayala Pharmaceuticals Inc.

  • June 01, 2026

    Justices Skip CareDx's Bid To Revive $45M False Ad Award

    The U.S. Supreme Court on Monday declined to take up a challenge to a Third Circuit decision that wiped out a nearly $45 million false advertising award against Natera Inc., preserving a ruling that said proof of actual consumer deception is required to support damages.

Expert Analysis

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Exploring The Legal Gray Area Around AI Voices In Music

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    The growing prevalence of AI music on online platforms highlights unique legal questions and ambiguities surrounding the usage of artificial intelligence to create accurate voice clones of existing singers, says Michael Maicher at Volpe Koenig.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Framing AI Risk Management In The Art World

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    With gallery professionals indicating a widening gap between operational adoption of artificial intelligence and cultural acceptance of AI as an art medium, certain intellectual property, privacy and governance considerations are becoming critical for art industry stakeholders, say attorneys at Holland & Knight.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Opinion

    USPTO Must Address The Right Question In Sanofi Case

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    The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

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