Intellectual Property

  • May 18, 2026

    MIT Accuses Microsoft Of Infringing Patents In Cloud Network

    The Massachusetts Institute of Technology hauled Microsoft Corp. into Texas federal court, accusing the technology company of infringing a pair of the university's patents related to "physical unclonable function" technology to secure the company's cloud services.

  • May 18, 2026

    Train Co.'s Claim Construction Dodge Ended IPRs

    Westinghouse Air Brake Technologies Corp.'s attempt to rely on other parties' claim constructions doomed its challenges to Railware Inc. railway traffic control patents, according to U.S. Patent and Trademark Office Director John Squires.

  • May 18, 2026

    Full Fed. Circ. Won't Touch $71M Christmas Tree Patent Ruling

    The full Federal Circuit on Monday rejected Polygroup Ltd.'s request to rethink a panel decision affirming a $71.4 million judgment against it for infringing competitor Willis Electric Co. Ltd.'s artificial pre-lit Christmas tree patent.

  • May 18, 2026

    Calif. High School Athletes Say State's NIL Ban Exploits Them

    High school athletes told a California federal judge that state regulations unfairly limit their name, image and likeness opportunities, contrary to the state governing body's claim that the rules exist to protect amateurism and keep transfers reasonable.

  • May 18, 2026

    Former USPTO Directors Diverge On Patent Injunctions

    The debate over the role of injunctions in patent cases remains active in the U.S., and European leaders shouldn't think that there is a "consensus" in the country, said former U.S. Patent and Trademark Office Director Kathi Vidal.

  • May 18, 2026

    Game Co. Seeks Damages Boost To $1.4B In False Ad Case

    A mobile game company that won a $420 million jury verdict in April against a rival over its use of bots and representations that its games relied on skill has urged a New York federal judge to order an increased disgorgement of $1.4 billion, arguing it was "hard to imagine a civil case with a worse defendant."

  • May 18, 2026

    NYT, Tribune Say Perplexity Can't Fault Users For Bot Outputs

    The New York Times and the Chicago Tribune on Friday urged a New York federal judge to reject Perplexity AI's bid to pare down their copyright and trademark lawsuits, arguing the company cannot blame users for allegedly infringing outputs generated by a system Perplexity itself built with copied news content.

  • May 18, 2026

    Musk's XAI Opposes Anonymity In Deepfake Suit

    Elon Musk's xAI is asking a California federal court to force the use of the real identities of a group of women suing over Grok-generated deepfake images of them in sexual situations, saying they haven't shown that proceeding under pseudonyms is necessary to protect their privacy.

  • May 18, 2026

    Takeda Liable In IBS Drug Pay-For-Delay Trial

    A federal jury in Boston on Monday found Takeda Pharmaceuticals conspired with a generic-drug maker to delay the launch of a generic version of Takeda's anti-constipation drug, awarding purchasers $885 million, a figure that's expected to swell after a rule tripling plaintiffs' antitrust damages is applied.

  • May 18, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of celebrity estate litigation, merger disputes, investor suits, record demands, sanctions fights and questions over corporate moves away from Delaware.

  • May 18, 2026

    MLB's Cubs Seek Quick Win In TM Battle With Bar Owner

    The Chicago Cubs told an Illinois federal court to grant them a quick win in the Major League Baseball team's trademark infringement suit against a bar owner who, among other things, allegedly kept using the team's trademarks even after his licensing agreement with it expired.

  • May 18, 2026

    2nd Circ. Looks Poised To Uncork Reversal In Wine TM Fight

    The Second Circuit appeared inclined Monday to reverse a trial judge's findings that left a California winery owing $1.3 million to Italian vintner Cesari SRL in a well-aged trademark dispute, with three judges suggesting the case was improperly decided.

  • May 18, 2026

    Justices Deny Loper Bright-Based Challenge To 1-Line Orders

    The U.S. Supreme Court on Monday rejected yet another challenge to the Federal Circuit's use of one-line orders to affirm Patent Trial and Appeal Board decisions, a practice CAO Lighting Inc. argued violates the high court's Loper Bright Enterprises v. Raimondo precedent.

  • May 18, 2026

    Justices Refuse To Review Alice Ax Of $223M USAA Case

    The U.S. Supreme Court on Monday rejected the United Services Automobile Association's appeal of a Federal Circuit decision that wiped out $223 million in judgments it won against PNC Bank and found the mobile check deposit patents at issue invalid for covering only abstract ideas.

  • May 18, 2026

    Supreme Court Won't Revive Car ID Patent Claims

    The U.S. Supreme Court on Monday shot down a vehicle identification system patent owner's challenge to the Federal Circuit's reversal of the Patent Trial and Appeal Board's decision allowing it to amend claims in two patents challenged by rideshare giant Lyft.

  • May 15, 2026

    Fed. Circ. Drops A Theme Song, Talks Guest Judges

    The Federal Circuit's full lineup came together Friday to provide practitioners with insight about their experience sitting on other courts, in a conference where the chief judge dropped the court's first (and only) single.

  • May 15, 2026

    Software Firm Seeks Belgian Venue For Calif. Cannabis Suit

    A Belgian software company has urged a California state court to throw out a nearly $400,000 fraud and breach of contract lawsuit filed by the owners of the PlugPlay cannabis vape brand, arguing both sides agreed all disputes must be litigated in Belgium.

  • May 15, 2026

    Artist's Atty Owes Disney $475K Sanctions In 'Moana' IP Case

    An attorney representing an animator who unsuccessfully alleged that The Walt Disney Co.'s "Moana" lifted his Polynesian adventure story must pay more than $475,000 in sanctions, a California federal judge ruled, saying he "acted recklessly" by pursuing trade secret misappropriation claims premised on a forged document.

  • May 15, 2026

    Med Device Groups 'Overshot' In Fair Use Args, Judge Says

    A judge on a D.C. Circuit panel said a set of industry groups covering the advanced medical device industry might have "overshot" in a challenge to a Library of Congress exemption that said use of copyrighted software for the purpose of repairing those devices fell under fair use, since the groups tried to lump the software that merely operates the machines into the case.

  • May 15, 2026

    Maxim Denied Bid To Stop Playboy Contest Amid IP Suit

    A New York federal judge shot down Maxim's bid to stop Playboy from allegedly ripping off the mechanics behind Maxim's "Cover Girl Competition," saying Maxim's delay in voicing misappropriation concerns and efforts to partner with Playboy amid the magazine's "Great Playmate Search" undermined Maxim's claims of irreparable harm.

  • May 15, 2026

    Fed. Circ. Urges Justices To Reject Newman Suspension Case

    The Federal Circuit has urged the U.S. Supreme Court not to hear Judge Pauline Newman's appeal targeting a suspension imposed on her by the court's other judges, arguing that a lower court correctly held that her challenges to the order are not subject to judicial review.

  • May 15, 2026

    Fed. Circ. OKs Decisions Clearing Banks In Patent Cases

    The Federal Circuit on Friday backed lower court decisions that cleared a pair of banks of allegations that they infringed an online banking patent, but threw out a nearly $85,000 sanctions order against the patent owner and its counsel.

  • May 15, 2026

    McKesson Settles Trade Secrets Suit Against Former Exec

    A healthcare services company and the former senior executive it accused of disclosing confidential information and trade secrets reached a settlement, dismissing the case less than two months after the company filed its complaint, according to a joint stipulation for dismissal filed Friday in Colorado federal court.

  • May 15, 2026

    Meta Fights Uphill To Nix BIPA Voiceprint Privacy Claims

    A California federal judge said Friday she's inclined to deny Meta Platforms Inc.'s summary judgment bid on an Illinois resident's claims Meta violated the Prairie State's Biometric Information Privacy Act by obtaining her voice recordings from Facebook and Messenger platforms, saying there's enough evidence to establish a material factual dispute.

  • May 15, 2026

    Judge Won't Undo Ax Of Location Patent Suit Against Google

    A New York federal judge said he would not grant a favorable judgment or a new trial to the owner of a location tracking patent who accused Google of infringement, saying the owner had not raised any arguments that would merit disturbing the finding that he acted with intent to deceive the U.S. Patent and Trademark Office.

Expert Analysis

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Fed. Circ. In Jan.: On The Validity Of Expert Testimony

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    The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.

  • Reel Justice: 'Sentimental Value' And Witness Anxiety

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    "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • An Instructive Reminder On Appealing ITC Determinations

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    A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

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