Intellectual Property

  • January 22, 2026

    Nappy Roots Hit With Infringement Suit Over 'Good Day' Bop

    Rap group Nappy Roots sampled a 30-second snippet in its hit song "Good Day" despite not having permission from the music sample's co-composers, according to a new lawsuit filed in Atlanta federal court.

  • January 22, 2026

    Patent Office Beats La Jolla Pharma's Application Denial Suit

    A Virginia federal judge on Wednesday upheld a U.S. Patent and Trademark Office decision that denied patent applications from drug developer La Jolla Pharma LLC claiming a unique dosage and delivery method of a drug the company markets to treat low blood pressure, finding the claims are all anticipated or obvious.

  • January 22, 2026

    Debt Collector Takes Computer Fraud Ruling To High Court

    A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.

  • January 22, 2026

    DoggyPhone Sues Again Over Furbo Pet-Comms Product

    Tech company DoggyPhone LLC again took aim at Tomofun on Thursday, claiming in Seattle federal court that the pet-toy maker's Furbo line of products infringes a DoggyPhone-held patent describing "systems and methods that enable remote human-pet communication."

  • January 22, 2026

    Call To End Prosecution Laches Rejected By Full Fed. Circ.

    The full Federal Circuit on Thursday rejected prolific inventor Gilbert Hyatt's rehearing petition asking the court to abolish the doctrine of prosecution laches, which can render a patent unenforceable based on delays by the owner during the application process.

  • January 22, 2026

    Fed. Circ. Says Livestream Patent In Google Suit Is Abstract

    A Federal Circuit panel on Thursday agreed with a Washington federal court's conclusion that a livestreaming patent asserted against Google covers a patent-ineligible abstract idea, finding the relevant claims were too "result-oriented."

  • January 22, 2026

    NFL's Lions Should Face Copyright Suit In Calif., Photog Says

    A California photographer has pushed back against the Detroit Lions' bid to dismiss his lawsuit accusing the NFL team of using photos he took of quarterback Jared Goff without permission, telling a California federal court that his lawsuit, contrary to the team's contention, belongs in the Golden State.

  • January 22, 2026

    5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award

    The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.

  • January 22, 2026

    Merck Can't Get Fed. Circ. To Reconsider Axing MS Drug Patents

    The Federal Circuit on Thursday refused to reconsider decisions invalidating Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, turning aside the German drugmaker's claim that the court set an unjust new rule that means inventors' work can later be used against them.

  • January 22, 2026

    Colo. Co. Can't Sue Target Again For Infringement, Court Told

    A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.

  • January 22, 2026

    10th Circ. Partly Revives Pest Control Co.'s Fraud Claims

    The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.

  • January 22, 2026

    Patagonia Claims Activist 'Pattie Gonia' Rips Off TM In $1 Suit

    Patagonia Inc. has sued an activist who goes by the "Pattie Gonia" persona in California federal court, asking the court to block the drag queen from selling T-shirts and other merchandise and services that allegedly rip off its popular trademarks, while only seeking $1 in nominal damages.

  • January 22, 2026

    3rd Circ. Says Medical Pot Contract May Violate Federal Law

    The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.

  • January 22, 2026

    AI Diagnostics Co.'s Patent Claims Don't Pass Alice Test

    A California federal judge has thrown out artificial intelligence diagnostics company Tempus AI's patent infringement suit against medical test-maker Guardant Health, finding claims in the patents weren't patent-eligible to begin with.

  • January 22, 2026

    USPTO Re-Ups Agreement With Major IP Offices Through 2029

    The U.S. Patent and Trademark Office has extended the Patent Prosecution Highway pilot program with four other intellectual property offices, which expedites review of patent applications that have been allowed in another country, for another three years.

  • January 22, 2026

    Simpson Thacher Adds Quinn Emanuel Atty To New SF Office

    A Quinn Emanuel Urquhart & Sullivan LLP attorney who worked on high-profile intellectual property matters representing Google and Jane Street Group has joined Simpson Thacher & Bartlett LLP as partner in its newly opened San Francisco office, the firm announced Thursday.

  • January 22, 2026

    Amazon Says IP Lawyer Can't Dodge Trademark Suit

    Amazon is pushing back against an intellectual property lawyer's effort to escape a lawsuit accusing him of conspiring with a Chinese company to sidestep a U.S. Patent and Trademark Office rule, arguing the claims were properly pled and that the Seattle federal court is the proper venue.

  • January 21, 2026

    NYC Sues Dr. Phil's Son To Stop NYPD Reality Show

    The city of New York on Wednesday sued the son of celebrity psychologist Dr. Phil in state court, claiming that he and his production company plan to air a reality television show about the New York Police Department that contains footage that would threaten the lives and safety of active police officers, witnesses and victims.

  • January 21, 2026

    PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told

    A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.

  • January 21, 2026

    Novartis Gets Win On Entresto Patent Tied To Earlier Ruling

    A Delaware federal judge found Wednesday that MSN Pharmaceuticals Inc. infringed a patent covering Novartis Pharmaceuticals Corp.'s blockbuster cardiovascular drug Entresto, saying the issue has already been litigated before.

  • January 21, 2026

    Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says

    The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."

  • January 21, 2026

    Allergan Says Fed. Circ.'s Ax Of $39M Win Misread Record

    A Federal Circuit decision reversing a $39 million verdict against Sandoz in Allergan's suit accusing it of infringing an eyelash growth drug patent misunderstood the evidence and was based on an "indisputably false" premise, Allergan said in a petition for rehearing Tuesday.

  • January 21, 2026

    NC Court Throws Duke A Lifeline In Transfer Battle With QB

    A North Carolina state judge allowed Duke University quarterback Darian Mensah to enter the NCAA transfer portal Wednesday, but prohibited him from signing with another school until ruling on Duke's request for an injunction that would keep him at the university.

  • January 21, 2026

    Disney Can't Dodge 'Toy Story 3' TM Claim On Remand

    A California federal judge has refused to grant Disney a partial win in a trademark infringement case brought by a stuffed animal manufacturer over the "Toy Story 3" character Lotso, ruling that the manufacturer had established a Lanham Act case against Disney before the U.S. Supreme Court considered the case.

  • January 21, 2026

    Pot Co., Rolling Paper Maker Settle 'Juicy' Trademark Suit

    A tobacco company and Colorado cannabis company told a federal judge that they have settled a trademark lawsuit in which the maker of Raw rolling papers had asked the court to permanently bar the cannabis company from using its product names.

Expert Analysis

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

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    The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Utilizing AI In Agriculture Requires A Strong IP Strategy

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    As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Lessons From The Pokemon Patent Firestorm

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    Public outcry against Nintendo being granted a patent over Pokémon gaming mechanics amid its ongoing patent infringement case against "Palworld" developer Pocket Pair, and the U.S. Patent and Trademark Office's subsequent order to reexamine Nintendo's patent, highlight potential risks associated with drafting ambiguous, unnecessarily complex or overly aggressive claims, say attorneys at McNees Wallace.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • How AI Drafting Should Transform Patent Filing Strategies

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    As agentic artificial intelligence reduces the time and expense required to draft and file patents, companies should shift focus away from rationing drafting hours and more toward governing optionality, says Ian Schick at Paximal.

  • 9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

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    Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • IP Appellate Decisions Show 4 Shifts In 2025

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    In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Athlete's Countersuit Highlights Broader NIL Coverage Issues

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    Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.

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