Intellectual Property

  • May 05, 2026

    4th Circ. Says USPTO Doesn't Have To Cough Up PTAB Docs

    The Fourth Circuit on Tuesday said it won't force the U.S. Patent and Trademark Office to hand over certain information requested by a nonprofit volunteer about drafts of a decision in a Patent Trial and Appeal Board hearing involving a cybersecurity patent.

  • May 05, 2026

    Santander Says Ex-Adviser Poached Lion's Share Of Clients

    Santander Bank and its investment adviser unit have sued a former employee, alleging that he improperly wooed away the vast majority of his clients when he decamped for a competitor.

  • May 05, 2026

    3 Suits Say Meta, Anthropic Pirating Books In AI 'Arms Race'

    Book publishers and legal novelist Scott Turow hit Meta Platforms Inc. with a proposed class action in New York federal court on Tuesday, accusing it of training its Llama large language models on millions of copyrighted books and articles from pirate sites instead of licensing the material.

  • May 05, 2026

    X, Startup Clash Over Fate Of Twitter Brand

    X Corp. and Operation Bluebird Inc. are urging a Delaware federal judge to take sharply different views of what happened to the Twitter brand after Elon Musk renamed the social media platform X, with X saying the famous name remains protected and Bluebird saying the company gave it up.

  • May 05, 2026

    NCAA Insists Athletes Must Arbitrate NIL Deal, Not 'Rewrite' It

    College athletes' attempt to go through the courts to exempt certain revenue streams from NCAA oversight is an end-run around the resolution they reached in last year's $2.78 billion class action settlement, the association has told a California federal judge.

  • May 05, 2026

    9th Circ. Upholds Chip Injunction In Google Contract Case

    The Ninth Circuit refused to lift an injunction against Point Financial Inc. barring it from interfering with Google's license to manufacture certain computer chips while a case plays out over Google's contract with a chipmaker that went out of business.

  • May 05, 2026

    Apple Says Webcam IP, Antitrust Suit Belongs In Calif.

    Apple Inc. has urged a New Jersey federal court to transfer a British software company's antitrust and patent infringement case over iPhone camera technology, arguing that the developer signed a license agreement consenting to litigate disputes with the tech giant in the Northern District of California.

  • May 05, 2026

    Duane Morris Integrates Gambling, Sports Industry Groups

    The growing popularity of betting in sports has prompted Duane Morris LLP to respond to the meshing of the two sectors by integrating its sports and gambling law groups.

  • May 05, 2026

    Fed. Circ. Sides With Google In Mobile Device Patent Suit

    The Federal Circuit Tuesday backed a California federal judge's decision to throw out a lawsuit accusing Google of infringing a patent covering a way to pause phone notifications, agreeing the patent was invalid in the first place.

  • May 05, 2026

    ABKCO, Behr Settle 'Paint It Black' Ad Copyright Suit

    Record company ABKCO Music & Records Inc. has settled a case with paint-maker Behr Paint Co. over Behr's use of the song "Paint It Black" in an advertisement without a license.

  • May 05, 2026

    4 Mass. Rulings You May Have Missed In April

    Judges in Suffolk County Superior Court's business litigation session in Massachusetts sent two cases to arbitration and weighed in on disputes over trade secrets and tradespeople in recent rulings.

  • May 04, 2026

    Ye Ripped Off Artists' Track And 'Ghosted' Them, LA Jury Told

    The artist once known as Kanye West sampled an instrumental recording he didn't own as part of a listening party for his album "Donda," then "ghosted" the songwriters without compensating them, attorneys for Artist Revenue Advocates told a Los Angeles jury at the start of a copyright infringement suit Monday.

  • May 04, 2026

    OkCaller Tells 11th Circ. Its Google Suit Wasn't 'Incoherent'

    OkCaller.com is asking the Eleventh Circuit to revive its lawsuit accusing Google of monopolizing the market for search engine services, arguing that the lower court was wrong to adopt Google's "straw man" and treat the reverse phone number lookup website's argument as "incoherent."

  • May 04, 2026

    Squires Orders Review Of Patent Ax In $170M GoDaddy Case

    U.S. Patent and Trademark Office Director John Squires told Patent Trial and Appeal Board officials Friday to review a decision invalidating a website patent from a $170 million verdict against GoDaddy, saying the board gave "no explanation" for why its decision differed from the jury's.

  • May 04, 2026

    Lee & Hayes Wins Liability Ruling In Fee Fight With Ex-Client

    An Idaho-based 3D printing firm broke a fee contract with its former legal counsel at Lee & Hayes PC, a Washington federal judge ruled Monday, rejecting the company's contention that the firm had agreed to reduce its $7.2 million contingency fee to a $3 million fixed rate.

  • May 04, 2026

    Ricoh's Work Tech IP Suit Survives Zoom Alice Dismissal Bid

    A Delaware federal court has, for now, rejected Zoom's efforts to escape a patent infringement case over its video meeting and collaboration technologies, finding that the patents cover abstract ideas but that owner Ricoh has made enough of a case that they contain inventive concepts. 

  • May 04, 2026

    Calif. Court Axes Communication Management Patent Claims

    A California federal court has invalidated several claims across six group communication management patents that their owner has accused artificial intelligence-powered contact center platform Talkdesk of infringing.

  • May 04, 2026

    NFLPA Sues Trading-Card Maker For Using Unlicensed Images

    The NFL Players Association is suing a Texas-based trading card manufacturer, claiming the company is producing and selling NFL-themed trading card sets featuring players' likenesses without a needed group license from the union.

  • May 04, 2026

    Aptiv Trims Automotive USB Patent Claims In Delaware Suit

    Automotive technology supplier Aptiv Technologies has agreed to trim its suit in Delaware federal court accusing Microchip Technologies of infringing its patents on connecting mobile devices using USB routing.

  • May 04, 2026

    Egg Roll Food Truck To Cease Use Of Kellogg's 'Eggo' TM

    An Ohio food truck on Monday agreed to stop using the term "L'Eggo My Eggroll" and any other terms similar to trademarks associated with Kellogg's Eggo frozen waffle brand.

  • May 04, 2026

    Orrick Partner Jumps To Pillsbury IP Team In LA

    A longtime Orrick Herrington & Sutcliffe LLP partner has joined the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP, bringing years of experience in intellectual property litigation and expertise in the Copyright Act and Digital Millennium Copyright Act.

  • May 04, 2026

    Engineer Says Carnegie Mellon Stole Credit For AI Inventions

    A software developer claims that Carnegie Mellon University's Software Engineering Institute is falsely laying claim to his creations related to artificial intelligence security and privacy, allegedly despite an earlier determination that he'd invented the concepts in his spare time.

  • May 04, 2026

    Benjamin Moore Wins $4.2M In Royalties Fight With Greek Co.

    A New Jersey federal court has awarded Benjamin Moore & Co. $4.1 million after it reversed its decision to allow counterclaims from a former authorized licensed retailer to proceed in the paint maker's suit over alleged unpaid royalties.

  • May 04, 2026

    Rooftop Bar Owner Can't Beat Chicago Cubs' Ticket Claims

    The owner of a rooftop venue can't win judgment on the pleadings on certain claims in the Chicago Cubs' lawsuit alleging the owner violated the team's intellectual property rights by selling unlicensed viewing tickets for games, an Illinois federal judge has ruled, rejecting the owner's argument that the team doesn't possess a property right to its live games.

  • May 04, 2026

    Judge Shuts Down Invalidity Theory In Abiomed IP Case

    A Massachusetts federal judge has foreclosed one of Abiomed's invalidity defenses in a case brought by rival medical technology firm Maquet over alleged infringement of a patent covering blood pump technology.

Expert Analysis

  • USPTO's AI Search Pilot May Reshape Patent Filing Strategy

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    The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

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    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Human Authorship Is Still Central To Copyright Eligibility

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    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

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