Intellectual Property

  • April 23, 2026

    Judge Albright Changed The Landscape Of Patent Litigation

    U.S. District Judge Alan Albright of the Western District of Texas became infamous in 2019 when he drew repeated chastising from the Federal Circuit for hoarding patent cases, but in the wake of his plans to step down, attorneys say the judge's biggest legacy has become his efficient, common sense approach to litigation.

  • April 23, 2026

    Amazon Urges 9th Circ. To Uphold Block On Perplexity AI Bot

    Amazon on Wednesday pressed the Ninth Circuit to leave in place an injunction blocking a startup's artificial intelligence tool, Comet, from purchasing items on Amazon.com, calling the tool "a textbook violation" of federal and state law and arguing that the injunction is backed by a robust record.

  • April 23, 2026

    2nd Circ. Revives Copyright Fight Over Michael Jordan Video

    The Second Circuit on Thursday revived parts of a videographer's copyright lawsuit against an online news publisher, ruling in a precedential decision that a lower court wrongly dismissed infringement claims over a video showing basketball legend Michael Jordan breaking up a fight and screenshots used with headlines.

  • April 23, 2026

    Latest Squires Order Grants 5 IPRs, Denies 4 On The Merits

    U.S. Patent and Trademark Office Director John Squires granted five America Invents Act patent challenges and denied four others in his latest bulk order making institution decisions with little commentary.

  • April 23, 2026

    Fed. Circ. Sides With Keysight On Centripetal Network Patents

    The Federal Circuit on Thursday backed a U.S. International Trade Commission's decision relieving Keysight Technologies Inc. from Centripetal Networks LLC's case accusing it of infringing cybersecurity patents, and separately said many claims in one of the patents were invalid.

  • April 23, 2026

    Acting Patent Commissioner To Retire From The USPTO

    The U.S. Patent and Trademark Office's acting patent division leader is leaving the agency and will be replaced by a current deputy commissioner, Law360 confirmed Thursday.

  • April 23, 2026

    Full Fed. Circ. Urged To Rethink Corcept Patent Loss

    Corcept Therapeutics Inc. wants the Federal Circuit to rethink a panel's refusal to revive its suit accusing Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym, saying the panel improperly relied on a ruling from a 2022 case.

  • April 23, 2026

    Huawei's Long-Awaited NY RICO Trial Moved To Fall

    A Brooklyn federal judge on Thursday said the racketeering trial of Huawei Technologies Co. Ltd. will be delayed from June until September, after prosecutors filed streamlined charges over the weekend in one of two seven-year-old criminal cases the Chinese telecom company faces in the U.S.

  • April 23, 2026

    Fed. Circ. Backs Wins For Pokemon Go Maker In Patent Fight

    A startup founded by biotech billionaire Patrick Soon-Shiong lost its bid Thursday to revive claims in a pair of patents it alleged were infringed by smartphone games Pokemon Go and Harry Potter: Wizards Unite as the Federal Circuit upheld findings that the claims were invalid.

  • April 23, 2026

    Judge Questions Birkenstock's Delay In Trademark Claim

    A Massachusetts federal judge on Thursday appeared skeptical of Birkenstock's claim that it did not know about White Mountain's lookalike sandals and clogs until 2018, pressing counsel on its delay in pursuing trademark infringement claims.

  • April 23, 2026

    Full Fed. Circ. Won't Rehear $500M Patent Case Against Sony

    The full Federal Circuit on Thursday declined to consider a decision that found Sony's PlayStation controllers don't infringe a computer input device patent in a suit where the patent owner was seeking almost $500 million in damages.

  • April 23, 2026

    Fed. Circ. Partly Reboots Patent Suit Over YouTube Content ID

    The Federal Circuit ruled Thursday that a New York federal court needs to take another look at a patent licensing company's claim that Google and YouTube's Content ID system infringes one of its patents, but backed a finding that claims in two other patents were invalid.

  • April 23, 2026

    Headwater Can't Enforce IP After Waiting 6 Years, Judge Says

    A Texas federal judge has ruled that Headwater Research LLC can't enforce a pair of patents against Verizon, less than a year after a jury hit the telecommunications giant with a $175 million infringement verdict.

  • April 23, 2026

    Wildfire App Can't Get Competitor's Launch Blocked

    A California federal judge has declined to issue a preliminary injunction at the behest of a competitor to block the launch of an app that gives out information about wildfires, saying this competitor had not adequately explained the delay between when it learned of the planned app's launch and when it filed suit.

  • April 23, 2026

    As Game Cos. Fight Over Docs, Judge Trims Requests

    Mobile game companies Skillz Inc. and Tether Studios LLC clashed Thursday in Delaware Chancery Court over the scope of discovery in a contract and trade secrets dispute, with each accusing the other of withholding critical information, while Vice Chancellor Morgan T. Zurn largely trimmed back what she said were overbroad requests.

  • April 23, 2026

    OpenAI Barred From Using 'IO' As TM In Dispute With IYO

    A California federal judge on Thursday prohibited OpenAI from using "IO" as a trademark for AI hardware, finding that the branding is likely to be confused with startup IYO Inc. 

  • April 23, 2026

    Bassist's Suit Against Metal Band Can Rock On, Judge Says

    A Connecticut judge has refused to strike six counts from a bassist's lawsuit challenging his ejection from the Grammy-nominated metal band Hatebreed, finding the musician properly pleaded claims that he was harmed by his 2024 removal after a decades-long business relationship.

  • April 23, 2026

    Mobile Game Co. Hit With $420M Verdict In False Ad Trial

    Papaya Gaming Ltd. on Thursday was hit with a jury verdict in New York telling it to pay $420 million in damages in a trial over its alleged misrepresentations about its mobile games being based on skill and not using bots.

  • April 23, 2026

    Trulieve Says Infringement Suit Doesn't Actually State A Claim

    Cannabis company Trulieve Inc. has said a rival company's complaint against it lacks any factual basis to support the allegation Trulieve infringed the rival's patents, urging a Florida federal court to throw out the suit.

  • April 22, 2026

    Music Cos. Drop Verizon Copyright Suit After Cox Decision

    Music companies that accused Verizon Communications Inc. of profiting from its customers' online piracy told a New York federal court on Wednesday that they were dropping their case, which had been paused while the U.S. Supreme Court considered similar claims against another internet service provider, Cox Communications.

  • April 22, 2026

    Full Fed. Circ. Passes On Sarepta's Patent Rehearing Bid

    The full Federal Circuit on Wednesday rejected Sarepta Therapeutics Inc.'s bid for a rehearing after a panel's decision revived a University of Pennsylvania gene therapy patent that is licensed by clinical-stage biotechnology company Regenxbio Inc.

  • April 22, 2026

    RJ Reynolds Wants Order That E-Cigs Don't Infringe Patent

    RJ Reynolds Vapor Co., which produces Vuse e-cigarettes, filed a suit in Delaware federal court seeking a declaration that it does not infringe a patent held by rival VPR Brands.

  • April 22, 2026

    Eli Lilly Case Over Weight Loss Drugs Kept Mostly Intact

    A California federal court has refused to throw out a lawsuit from Eli Lilly against a telehealth company and related entities over the compounding of its popular weight loss drugs Mounjaro and Zepbound, but agreed to trim a conspiracy claim from the case.

  • April 22, 2026

    Judge Lets AI Copyright Claims Against Databricks Proceed

    A California federal judge has denied a bid from software and artificial intelligence firms Databricks and Mosaic ML to escape authors' allegations that their works were used to train large language models, saying the proposed class of writers had asserted a sufficient complaint.

  • April 22, 2026

    Entegris Says Ex-Engineer Used Its Tech To Start Rival Firm

    Tech company Entegris says a former lead engineer secretly founded his own competing firm by stealing trade secrets and has been soliciting its customers, including Intel, to bring their business to his startup, according to a suit in Massachusetts state court.

Expert Analysis

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

  • How 2 Decisions Reframed Witness-Centered Trials

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    The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

  • Why The Road To Final Four Runs Through The Courthouse

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    As universities navigate a new college sports landscape in which courts decide eligibility, injunctions shape rosters and contract precision determines competitive stability, they should professionalize their NIL contracting, plan for emergency relief, and prepare for eligibility and damages disputes, say attorneys at Seyfarth.

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

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