Intellectual Property

  • May 28, 2026

    It's 'Just Math,' Lenovo Says Of German Co.'s Patent Claims

    Lenovo told a North Carolina federal court that it should find invalid a collection of patent claims from a German research organization related to wireless audio communications, arguing they are all overly broad and abstract.

  • May 28, 2026

    Athletes Decry Antitrust Immunity In College Sports Bill

    College athlete advocacy groups have criticized a proposed bipartisan U.S. Senate bill that provides congressional oversight to college sports and allows athletes to have agents, but also limits player movement and compensation and grants the NCAA antitrust immunity.

  • May 28, 2026

    Fed. Circ. Reinstates PTAB Challenge To E-Learning Patent

    Employee training platform Go1 won its bid to revive its challenge to a cloud learning patent it has been accused of infringing, after the Federal Circuit on Thursday threw out the Patent Trial and Appeal Board's finding that the company failed to show the patent was invalid.

  • May 28, 2026

    Split Fed. Circ. Says $452M Trade Secret Case Was Untimely

    A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.

  • May 28, 2026

    ITC Investigating Welch's Rival's Fruit Snack Imports

    The U.S. International Trade Commission opened an investigation into claims by the manufacturer of Welch's Fruit Snacks that a rival company, Cibo Vita, is importing patent-infringing yogurt-covered snacks into the U.S.

  • May 28, 2026

    DC Media Company Sues NOTUS Over 'Star' Rebrand

    An upstart media company is suing a Washington publisher over the would-be rival's upcoming rebranding as "The Star," saying in Virginia federal court Thursday that it had warned the competitor that it had registered a trademark on that name for news reporting in the D.C. area.

  • May 27, 2026

    How Patent Eligibility Declarations Can Stave Off Rejection

    The U.S. Patent and Trademark Office is encouraging patent applicants to submit declarations explaining why their invention isn't just an abstract idea or natural phenomenon, and attorneys are hopeful that this will lead to fewer rejected applications, although how those patents will fare in litigation remains to be seen.

  • May 27, 2026

    Judge Won't Block Texas From Making Themed Gold Coins

    A Texas federal judge won't block the state from producing Texas-themed gold and silver commemorative coins and notes, denying the request of a precious metals company suing over what it said were designs confusingly similar to its own.

  • May 27, 2026

    Lady Gaga Case Saves Swift's 'Showgirl' Use, Judge Told

    An attorney for a Las Vegas performer asked a California federal judge Wednesday to block Taylor Swift from using "The Life of a Showgirl" as their trademark infringement case plays out, while Swift's attorney said the case is on "all fours" with a similar dispute that went in Lady Gaga's favor.

  • May 27, 2026

    Pharmacies Hit With Injunction In Gilead Counterfeit Drug Row

    A New York federal judge has issued a preliminary injunction blocking a pair of Queens pharmacies from selling any human immunodeficiency virus medications that bear the Gilead name or the name of two of its products.

  • May 27, 2026

    Walmart Rips Estee Lauder's 'Vague And Ambiguous' TM Fight

    Walmart has urged a California federal judge to toss the bulk of Estee Lauder's lawsuit accusing the retail giant of selling infringing beauty products online, arguing the complaint is too "vague and ambiguous" about which products, sellers, listings and legal theories are at issue for the case to proceed.

  • May 27, 2026

    Squires Institutes 3 IPRs, Refuses Case With Limited Impact

    U.S. Patent and Trademark Office Director John Squires granted three petitions for inter partes review in his newest bulk order and broke down why he previously rejected CyberSecure IPS LLC's challenge to a Network Integrity Systems Inc. optical fibers monitoring patent.

  • May 27, 2026

    Samsung Sued Again Over Pictiva Patent After $99M Verdict

    Pictiva Displays has again sued South Korean technology giant Samsung in Texas federal court, asserting claims of patent infringement months after securing a $99 million jury verdict over the same patent.

  • May 27, 2026

    'Baywatch' Star, Models Keep False Ad Suit Against Strip Club

    A North Carolina federal judge has largely sided with a group of international models, former Playboy Playmates and a "Baywatch" star alleging a strip club misused their likenesses in advertisements, finding that lingering factual questions preclude a pretrial statute of limitations win for the club.

  • May 27, 2026

    Squires Says Sun PGR Petition Denied For Not Naming Parent

    Sun Pharmaceutical Industries Inc.'s failure to name its parent company in its challenge to a Biofrontera Inc. patent was why its request for review was rejected early, U.S. Patent and Trademark Office Director John Squires has said.

  • May 27, 2026

    11th Circ. Told YouTube Copyright Win Doesn't Merit Fees

    A Spanish film production company has urged the Eleventh Circuit to uphold a Florida federal judge's refusal to award YouTube attorney fees after the video platform prevailed in a dispute over pirated movies, arguing that the unsuccessful copyright claims raised a novel legal issue and were brought in good faith.

  • May 27, 2026

    Caterpillar Launches New Patent Suits Against Bobcat

    Construction equipment maker Caterpillar Inc. has added to an intellectual property dispute between it and rival Doosan Bobcat by filing patent infringement claims in Delaware federal court and seeking a ban on Bobcat's imports of certain heavy machinery at the U.S. International Trade Commission.

  • May 27, 2026

    Winston & Strawn Lands Baker Botts IP Litigator In Dallas

    Winston & Strawn LLP has strengthened its litigation and intellectual property practices with a Dallas-based partner who came aboard from Baker Botts LLP.

  • May 26, 2026

    Feds, Unified Patents, AT&T Push Back On High Court Bids

    The U.S. Supreme Court received objections to three patent petitions on Tuesday, with Unified Patents fighting Dolby's appeal of its own Patent Trial and Appeal Board win; AT&T and Nokia protesting an attempt to revive a $181 million trial loss; and the U.S. Patent and Trademark Office opposing inventor Gilbert Hyatt's challenge to prosecution laches.

  • May 26, 2026

    USPTO Spurns Reexam Bid For Reusing Failed IPR Theories

    A pair of U.S. Patent and Trademark Office examiners discretionarily denied a request for reexamination of a Fractus SA patent, saying the effort rehashed arguments from an America Invents Act challenge of the same patent that was denied for so-called settled expectations.

  • May 26, 2026

    Packaging Trial Delayed After Both Sides Say Jury Is Tainted

    A Kentucky federal judge has agreed to postpone a trial set to start Tuesday over infringement claims of food packaging patents after both sides complained the jury may have been tainted by being exposed to information about antitrust claims from one party that appeared on a jury questionnaire.

  • May 26, 2026

    Verizon, AT&T Lose Bids To Dodge Database Patent Suits

    AT&T and Verizon lost their bids to escape lawsuits accusing them of infringing a pair of patents covering ways to clean data records after a Delaware federal court on Tuesday rejected their arguments that the patents didn't pass muster under the U.S. Supreme Court's Alice test.

  • May 26, 2026

    Sonrai's $59M Trade Theft Verdict Trimmed To $10.4M

    An Illinois federal judge has reduced a $59 million jury verdict won by garbage truck maker Sonrai Systems to $10.4 million in a case over a rival company poaching a Sonrai executive, finding that while the evidence showed the rival's behavior was reprehensible, it didn't merit the amount the jury awarded.

  • May 26, 2026

    Copyright Suits Against Jan. 6 Attys Won't Be Tossed

    Attorneys who represented Jan. 6 defendants will have to face a consultant's claims that they copied her jury-attitude report without permission after a D.C. federal judge rejected their arguments that their conduct fell under fair use and the public's right to access court records.

  • May 26, 2026

    AI Firms Can't Shake Disney, WB's Copyright Suit

    A California federal judge won't toss a suit by Disney, Warner Bros. Discovery and Universal, accusing Chinese artificial intelligence companies of stealing their intellectual property, saying the studios' claims are clearly plausible at this stage.

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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