Intellectual Property

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    WB Must Face Claims 'The Pitt' Violates 'ER' Rights Deal

    Warner Bros. Television cannot dodge a lawsuit alleging it breached a decades-old agreement with late author Michael Crichton by producing the hit medical drama "The Pitt," a California appeals court ruled, saying the suit adequately alleges the series could be considered a derivative work of the earlier hit series "ER."

  • November 05, 2026

    Examiner Attrition Threatens USPTO Backlog Push, GAO Says

    Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

  • November 05, 2026

    ITC Issues Fish Tape Import Ban Against Milwaukee Electric

    The U.S. International Trade Commission has issued an import ban on glow fish tape sold by Milwaukee Electric Tool, following an administrative law judge's decision earlier this year that cleared the company of claims alleging it infringed Klein Tools' patents but found Milwaukee's safety helmet system was violating another Klein patent.

  • November 05, 2026

    Fed. Circ. Backs Google PTAB Losses In VR Fight

    The Federal Circuit on Thursday upheld Patent Trial and Appeal Board rulings that Google LLC failed to show that some claims in a trio of virtual reality patents it was accused of infringing in California were invalid.

  • November 05, 2026

    Netflix Faces Revamped 'Baby Reindeer' Defamation Suit

    A Scottish attorney who claims her life was ruined by her allegedly inspiring a character in the Netflix series "Baby Reindeer" has added to her allegations that she was defamed by the series, saying Netflix knew the story was fictional but presented it as true and the court should revive some of her dismissed claims.

  • November 05, 2026

    Ex-Sales Leader Violated 'Secrecy' Pact, J&J Ortho Unit Says

    Johnson & Johnson's orthopedic device unit DePuy Synthes alleged in New Jersey federal court that a former national sales leader's move to a rival violates several of his employment agreements, asking the court to order expedited discovery and block him from contacting any of its customers.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Research Firm Sues To Enforce Ex-Analyst's Noncompete

    Advisory firm Forrester Research says a former principal analyst violated a decade's worth of noncompete and other provisions in employment and stock award agreements to jump to a vice president role at a direct competitor, then tried to hide his new position for months.

  • November 05, 2026

    Victoria's Secret Gets Green Light For 'PINK' US TM Case

    A London court said Thursday that Victoria's Secret can pursue claims in the U.S. that shirtmaker Thomas Pink has infringed its "PINK" trademarks, ruling that a 2015 settlement agreement does not preclude the claim.

  • November 04, 2026

    5th Circ. Orders Fresh Look At Tequila Brands' TM Confusion

    A split Fifth Circuit on Wednesday revived a trademark dispute between Mexican brand "Clase Azul" and U.S. startup "Casa Azul," finding that because the Texas district court made some errors in its underlying findings, it needs to reassess the likelihood of confusion between the two companies' marks.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Fla. Jury Hears Suit Over Pact To Sell Mike Tyson-Brand THC

    A Florida state court trial commenced Wednesday in a dispute involving a company licensed to sell Mike Tyson-brand cannabinoid products, with former business partners telling jurors differing accounts on whether a valid agreement splitting ownership was formed. 

  • 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.

Expert Analysis

  • Athletes Must Consider PR Risks Surrounding IP Enforcement

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    NFL player Jayden Daniels' demand for Louisiana State University to cease using his name, image and likeness, and the flurry of social media memes that ensued from this incident, highlight the challenges of navigating the balance between intellectual property legal strategy and public relations, say attorneys at McAndrews Held.

  • 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.

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