Intellectual Property

  • November 04, 2026

    Westlaw AI Fight Warrants Full Court Review, 3rd Circ. Told

    Ross Intelligence urged the full Third Circuit to revisit a copyright decision concluding that it wasn't protected by fair use when it trained its artificial intelligence legal research platform on Thomson Reuters' Westlaw headnotes, arguing that "at every turn, the panel asked the wrong question."

  • November 04, 2026

    ITC Hires 2 IP Specialists As New Judges, Bringing Total To 7

    The U.S. International Trade Commission has hired a Patent Trial and Appeal Board judge and a Winston Taylor intellectual property attorney as administrative law judges, bringing its roster of judges to seven in a move the commission said will bolster its ability to handle IP cases.

  • November 04, 2026

    5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

    The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

  • November 04, 2026

    2nd Circ. Told To Not Expand Antitrust Patent Fraud Standing

    A pharmaceutical industry trade group has backed Bristol-Myers Squibb and its Celgene subsidiary in the Second Circuit, warning that health plans asking the appeals court to reinstate a proposed class action against the companies are seeking to expand who can bring antitrust cases alleging fraudulently obtained patents.

  • November 04, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    Altria has asked the Fourth Circuit to undo a district court decision allowing a patent case in the U.S. International Trade Commission brought against it by Juul to proceed, saying the Constitution dictates that private patent disputes belong in the courts.

  • November 04, 2026

    Anthropic And CEO Beat Lyric Infringement Claims, For Now

    A California federal judge on Wednesday tossed music publishers' claims against artificial intelligence behemoth Anthropic and its CEO Dario Amodei alleging they ripped off lyrics from over 20,000 songs, but said the publishers can amend their complaint and try again.

  • November 04, 2026

    Cisco Urges Justices To Reject $2.6B Centripetal Patent Case

    Cisco Systems says the U.S. Supreme Court shouldn't reinstate Centripetal Networks LLC's $2.6 billion patent infringement case, saying a lower court was correct to grant Cisco a win because Centripetal had adequate time to respond to Cisco's interpretation of the asserted patent.

  • November 04, 2026

    Apple Can't Escape $5.7B Patent Verdict, Taction Says

    Taction Technology Inc. said Tuesday that Apple shouldn't be able to dodge a jury's $5.7 billion award against it in a haptic vibration technology patent dispute, calling the tech giant's request to pay no damages "extraordinary."

  • November 04, 2026

    Full Fed. Circ. Won't Look At Inventor's Location Patents

    The full Federal Circuit on Wednesday declined to review a decision turning down an inventor's attempt to revive her computer-locating patents that were invalidated by the Patent Trial and Appeal Board after being challenged by Google and Microsoft.

  • November 04, 2026

    Midterm Dem Wins To Scramble Lit Funding Legislative Efforts

    Litigation funders can rest easy, for now, and the U.S. Chamber of Commerce will need to rethink its approach after last night's midterm elections saw Democrats rout Republicans, scrambling a yearslong effort for federal regulation of litigation finance that's so far relied on Republicans.

  • November 04, 2026

    StayTouch Uses New Patent To Sue Apple Over NameDrop

    Apple Inc. is facing a Texas federal lawsuit from GG Technologies alleging that the tech giant's NameDrop feature, which allows iPhone and Apple Watch users to share contact information by bringing their devices close together, infringes on patented technology owned by the Southern California startup.

  • November 04, 2026

    Riddell Beats Patent Infringement Suit Over Football Helmets

    NFL football helmet supplier Riddell Inc. has defeated a lawsuit in Illinois federal court that alleged two lines of its head protection gear infringed a patent covering technology on energy-dissipating helmets, after both sides stipulated that Riddell's products weren't infringing.

  • November 03, 2026

    3 Wash. Supreme Court Justices Poised To Keep Seats

    Three incumbent Washington State Supreme Court justices held off challengers in Tuesday's election, and King County Superior Court judges emerged as front-runners for two other open spots on the state high court, according to preliminary results.

  • November 03, 2026

    AI Co. Suno Seeks Toss Of Musicians' Claims It Copies Styles

    Artificial intelligence music service Suno Inc. urged a Massachusetts federal judge to throw out a proposed class action accusing the company of copying musicians' identifying attributes, arguing that U.S. copyright law does not protect a musician's artistic style.

  • November 03, 2026

    Princess Diana Dress Designer Sues Over Las Vegas Replica

    The designer of Princess Diana's iconic wedding dress filed copyright infringement claims Monday against the operators of a Las Vegas royals exhibition, claiming that it features an imitation of the dress and of her hand-drawn sketches for the dress without her permission.

  • November 03, 2026

    Chanel Keeps $4M Win Against Luxury Reseller At 2nd Circ.

    The Second Circuit on Tuesday upheld a New York federal jury's verdict ordering a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, but vacated as "premature" the trial court's award of more than $560,000 in litigation expenses to Chanel.

  • November 03, 2026

    Fed. Circ. Unsure How Judge Messed Up Drug Patent Ruling

    The Federal Circuit didn't seem all too convinced Tuesday morning that a lower court committed an error in finding that healthcare company Fresenius Kabi USA had failed to prove that a pair of Heron Therapeutics patents covering a nausea drug were invalid.

  • November 03, 2026

    Mallinckrodt Loses $9.5M Award, Wins Delay In Airgas Drug

    A Delaware federal judge on Tuesday threw out Mallinckrodt Pharmaceuticals' $9.5 million jury award it won in an infringement case and instead blocked a competitor's inhaled nitric oxide treatment patent until after a pair of Mallinckrodt's patents expire.

  • November 03, 2026

    2nd Circ. OKs 2-Year Term For Counterfeiter Of Luxury Goods

    The Second Circuit on Tuesday affirmed a two-year prison sentence for a New York woman convicted of trafficking counterfeit luxury goods, rejecting her argument that a congressional directive favoring noncustodial sentences for certain first-time offenders required a different result.

  • November 03, 2026

    Uber, Photographers Cut Deal In Suit Over Uber Eats Photos

    Nearly two dozen photographers have reached a settlement in principle with Uber over claims that the company used their photos on Uber Eats without permission and infringed their copyrights, according to a joint notice the parties filed in Florida federal court Tuesday.

  • November 03, 2026

    Judge Removes Boies Schiller As Class Counsel In AI Case

    A California federal judge has revoked Boies Schiller Flexner's status as interim class counsel for a group of authors suing Meta with allegations that their works were used without permission to train artificial intelligence, several months after the judge criticized the firm for how long it took to add a contributory infringement claim to the case.

  • November 03, 2026

    Ex-Employee Calls J&J Unit's Trade Secret Suit Retaliation

    A former associate director sued by a Johnson & Johnson subsidiary for allegedly misappropriating confidential information hit back with her own complaint, alleging the company's lawsuit is retaliation for reporting discriminatory and retaliatory conduct by her manager.

  • November 03, 2026

    Squires Grants 4 IPRs, Denies 6 Before Handing Over Power

    U.S. Patent and Trademark Office Director John Squires on Tuesday instituted four inter partes reviews in what could be the final petitions for which he reviews the merits.

  • November 03, 2026

    2nd Circ. Revives SS&C Trade Secret Suit Against Arcesium

    Financial software company SS&C can pursue its suit alleging fintech firm Arcesium misappropriated trade secrets from its software program, Geneva, to build a rival product, Trinity, the Second Circuit ruled Tuesday.

  • November 03, 2026

    Henry Darger's Landlord Saved His Art. But Who Owns It?

    The fate of the extraordinary body of artwork Henry Darger created over decades living alone in a rented Chicago room may depend in part on the meaning of a few words attributed to him shortly before he died in 1973 — a question now scheduled for a federal jury trial in March.

Expert Analysis

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Changing Strategies To Protect Your Autonomous AI's IP

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    After Insilico recently named only human inventors on a patent application for an autonomous artificial intelligence's drug discovery, companies should take concrete steps to preserve the strongest possible intellectual property protection for AI-assisted work, including documenting human contributions and strengthening trade secret controls, says Stephen Ball at Husch Blackwell.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • How Public Filing Pilot Is Influencing Litigation Strategy

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    The ongoing pilot program that makes it easier for third parties like journalists or academics to obtain court documents used in certain public hearings is reshaping how litigation teams draft skeleton arguments, settle expert evidence, and identify and restrict sensitive material, say lawyers at Greenberg Traurig.

  • Opinion

    PTAB Panels Should Revamp Their IPR Merits Decisions

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    In light of U.S. Patent and Trademark Office Director John Squires' recent announcement about returning merits institution determinations to the Patent Trial and Appeal Board, the implementing framework should strengthen PTAB panels' responsibility for the benefit of both petitioners and patent owners, says Brandon Theiss at AddyHart.

  • Patent Eligibility Bulletin: Claim Solutions, Not Results

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    In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Opinion

    Clancy Trial Shows Need For Juror Anonymity Reforms

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    Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • First Steps For Companies Facing AI-Assisted Pro Se Suits

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    As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.

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