Intellectual Property

  • October 29, 2026

    US Tells Justices FedEx Can't Appeal Interested Party Order

    The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

  • October 29, 2026

    Ex-Property Management VPs Owe $1.6M For Poaching Clients

    Two former officers and directors at a North Carolina property management company must pay their ex-employer more than $1.6 million in damages to make up for clients they allegedly poached for a rival business they ran, a state court judge ruled, granting the company a partial pretrial win.

  • October 29, 2026

    Judge Stark Advises Attys To Confront Flaws In Their Cases

    Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

  • October 29, 2026

    5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

    The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

  • October 29, 2026

    Squires Grants 4 Patent Review Bids In Latest Bulk Order

    U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

  • October 29, 2026

    Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

  • October 29, 2026

    ITC To Review ALJ's Infringement Ruling In Wi-Fi Patent Case

    The U.S. International Trade Commission has said it will look over various parts of an agency judge's findings that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear.

  • October 28, 2026

    Albright Left Key Issue In Billion-Dollar IP Fight Unanswered

    In May 2025, then-U.S. District Judge Alan Albright watched a jury hold that VLSI Technology is controlled by Fortress Investment Group, but by the time he left the bench in August 2026, the judge had yet to decide whether that ownership would let Intel avoid billions of dollars in patent infringement verdicts.

  • October 28, 2026

    Ill. Judge Sets Evidence Hearing In Amazon TM Fund Fight

    A Chicago federal judge on Wednesday set an evidentiary hearing for December to investigate whether a trademark lawsuit against 100 online sellers was used to obtain a court order directing Amazon to transfer more than $711,000 in frozen seller funds, some of which the company says were already subject to unrelated restraints.

  • October 28, 2026

    Proskauer, Reddit Attys Called To Testify In Data-Scraping Suit

    A New York federal judge on Wednesday called for live testimony from two Proskauer Rose LLP attorneys and Reddit's deputy general counsel as he weighs the law firm's bid to represent Perplexity AI in a lawsuit from Reddit, the firm's former client, over alleged data scraping.

  • October 28, 2026

    Ex-Chemical Co. Owner Fights $69.2M Trade Secrets Award

    The former owner of a chemical manufacturer and his nephews urged the Delaware Supreme Court on Wednesday to overturn a nearly $69.2 million trade secrets judgment, arguing the award rests on an inflated estimate of what it would cost to recreate stolen formulas, while buyer Arxada insisted the defendants should not profit from taking them.

  • October 28, 2026

    Notorious BIG's Widow Owes Trust $12.5M, Chancery Rules

    The Delaware Chancery Court has ruled that Notorious B.I.G.'s widow must pay $12.5 million to his late mother's trust, which has an ownership stake in the company that holds the late rapper's intellectual property and music catalog.

  • October 28, 2026

    Firm Can't Depose Opponent's Outside Counsel In TM Feud

    A North Carolina law firm has lost its bid to depose outside counsel for a personal injury firm in a trademark fight over branding, with a federal magistrate judge finding there is a possibility privileged information could come up.

  • October 28, 2026

    USPTO Removed 14,000 Invalid TM Filings In Fiscal 2026

    The U.S. Patent and Trademark Office took off more than 14,000 improper trademark filings from the Federal Register and removed more than 42,000 unused goods and services from registrations in the 2026 fiscal year, agency officials said at a webinar Wednesday.

  • October 28, 2026

    UMC Settles Suit Over Ex-Panasonic Chip Patents Before Trial

    Taiwanese chipmaker United Microelectronics Corp. notified a Texas federal court Tuesday that it has agreed to settle a suit alleging that it infringed seven semiconductor patents originally issued to Japan's Panasonic Corp., days before a trial was set to begin.

  • October 28, 2026

    Versata Wants Ford To Pay Interest Atop Restored $82M Award

    Versata Software Inc. wants a Michigan federal court to tack on at least $37.7 million to a reinstated $82.3 million contract award against Ford Motor Co. and said the court should finalize that win while both sides prepare for a new trade secret damages trial.

  • October 28, 2026

    Squires Rejects Claim That Merck IP Challenge Was 'Abusive'

    The head of the U.S. Patent and Trademark Office has turned down Pogona LLC's argument that Merck's challenge to a patent on selecting a type of bacteria to use in a vaccine against pneumococcal disease was an "abusive" attack on the patent.

  • October 28, 2026

    Full Fed. Circ. Won't Eye Network IP Ruling In Amazon's Favor

    The full Federal Circuit on Wednesday declined to take up a split panel ruling that let Amazon escape infringement claims stemming from a network patent held by AlterWAN Inc.

  • October 28, 2026

    BMW Hit With Patent Suit Over Wireless Charging Feature

    An electronics maker alleged in New Jersey federal court that the wireless charging feature in certain BMW models directly infringes its patent for a method of transferring power to a mobile device.

  • October 28, 2026

    Caterpillar Autonomy Patents Cover Basic Tasks, Judge Told

    An autonomous solutions startup has told a Delaware federal judge that a set of patents asserted by construction equipment maker Caterpillar described basic tasks of directing where a machine moves, making them invalid under the U.S. Supreme Court's Alice test.

  • October 28, 2026

    Sanofi Settles Insulin Pen Antitrust Suit, Avoiding Trial

    Sanofi-Aventis US and a group of drug wholesalers have told a Massachusetts federal judge they have reached a settlement to resolve long-running antitrust litigation alleging that the drugmaker improperly sought to thwart competition for its single-use insulin injector pen.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 27, 2026

    3 Federal Circuit Clashes To Watch In November

    A high-stakes case that will determine whether the U.S. government should face patent infringement claims over Moderna's COVID-19 vaccines and Labcorp's appeal of a nine-figure patent verdict against it are among the arguments the Federal Circuit will hear in November.

  • October 27, 2026

    Google Can't Dodge Ex-NPR Host's AI Voice Misuse Suit

    Google cannot escape former NPR "Morning Edition" co-host David Greene's lawsuit alleging the tech giant misappropriated his voice in an artificial intelligence podcasting product, a California judge ruled.

  • October 27, 2026

    Mallet Wins Injunction On Release Of Baking Product Secrets

    Baking product company Mallet & Co. was granted a permanent injunction Tuesday to stop a rival from accessing or disclosing its trade secrets after a federal judge ordered the rival to pay $11.4 million in legal bills for sharing copied goods in publicly accessible court documents.

Expert Analysis

  • AI Prompt-Injection Hacking Creates Emerging Legal Risks

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    Last month, the first decision sanctioning a prompt-injection attack aimed at a U.S. court highlights the risks that this tactic — attempting to manipulate artificial intelligence systems by hiding invisible instructions in a document — poses for trade secrets, patent prosecution and other areas, say attorneys at Kilpatrick.

  • TTAB's Nike Ruling Highlights Trademark Filing Pitfalls

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    The Trademark Trial and Appeal Board's recent decision in Nike v. Blue Ribbon Team illustrates how the Lanham Act's requirement for bona fide intent works in practice, and provides a road map on how to counsel clients before intent-to-use trademark applications are filed, say attorneys at BCLP.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Why AI Diligence Is Especially Key In IP Practice

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    In light of recent federal court sanctions against intellectual property litigators for filing work product generated by artificial intelligence without verification, it's important to consider the unique risks and consequences that can arise from overreliance on AI, which poses less visible risks in IP matters, says Stephen Ball at Husch Blackwell.

  • When And How To Use 4 Types Of Cross-Exam Questions

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    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • How To Structure Protective Order AI Provisions In IP Disputes

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    A survey of protective orders in recent intellectual property litigation reveals best practices for drafting provisions on artificial intelligence use that maximize IP protection while balancing enforceability with efficient discovery, say Matthew Stephens and Bryce Tabbut at MoFo.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

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    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Mitigating The Risk Of Antiestablishment Jurors

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    The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

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