Intellectual Property

  • June 04, 2026

    Trump Era Worse Than McCarthy For Speech, Law Dean Says

    The dean of UC Berkeley's law school told an audience of lawyers and artists on Thursday that America is experiencing "an unprecedented assault on the Constitution, on the First Amendment, and on freedom of speech," comparing the country under President Donald Trump unfavorably to the McCarthy era.

  • June 04, 2026

    Generics Cos. Get More Freedom In High Court Patent Ruling

    The U.S. Supreme Court's decision Thursday shutting down a patent case involving a generic heart drug that uses a so-called skinny label establishes a road map for generics companies to avoid such suits and creates hurdles for branded companies pursuing infringement litigation, attorneys say.

  • June 04, 2026

    Amgen Won't Face 'Nonsensical' Rodent Antibody IP At Trial

    A Delaware federal judge has trimmed Harbour Medical's infringement suit against an Amgen unit just days before trial, saying two of the company's mouse antibody patents are indefinite based on a term that "everyone agrees" is "nonsensical."

  • June 04, 2026

    Ex-Football Stars Sue NCAA, Conferences For Lost NIL Pay

    Two college football stars, who went on to play in the NFL, have filed antitrust suits claiming the NCAA, Big Ten and Southeastern conferences exploited them for their abilities while denying them compensation for their names, images and likenesses.

  • June 04, 2026

    Eli Lilly's 'Overbroad' Weight Drug TM Deal Rejected

    A Washington federal judge has refused to sign off on a deal to settle trademark claims brought by Eli Lilly against two Seattle-area medical clinics, saying the associated consent decree was "overbroad" and contained an even more sweeping injunction.

  • June 04, 2026

    Fed. Circ. Seems Iffy On Reversing Atty Fees In Patent Case

    The Federal Circuit didn't seem convinced Thursday morning that it should overturn a lower court's decision to make network testing company Viavi Solutions Inc. pay another company's attorney fees after Viavi unsuccessfully sued it for patent infringement.

  • June 04, 2026

    Judge Trims 2 Patents From Website Incentives Case

    A judge sitting in Delaware federal court has trimmed two out of three patents asserted by engagement agency BI Worldwide against Kobie Marketing Inc. that cover incentives offered by websites, ruling that they did not pass muster under the U.S. Supreme Court's Alice test.

  • June 04, 2026

    Is Pattie Gonna Get Out Of This? Patagonia's IP And PR Pickle

    Patagonia's trademark infringement suit against drag queen and environmental activist Pattie Gonia has caught the attention of both intellectual property attorneys and popular culture aficionados, with lawyers saying the action highlights how IP enforcement and public relations management aren't always in perfect harmony.

  • June 04, 2026

    Al Jazeera Beats DMCA Claim, For Now, In Storm Video Suit

    A California federal judge has dismissed videographers' claim that Al Jazeera falsified copyright attribution on weather footage posted to YouTube, finding the plaintiffs failed to plausibly allege the network acted with intent to facilitate infringement, while giving them a chance to amend their complaint.

  • June 04, 2026

    USPTO Mulling Certain Patent Apps After 'Atypical' Case

    The U.S. Patent and Trademark Office is asking why it should keep reviewing patent applications that would not end up giving their owners rights to assert against alleged infringers, following a Federal Circuit decision in what the appellate court called an "atypical" appeal.

  • June 04, 2026

    Fed. Circ. Invalidates Spinal Implant Patent Claims

    The Federal Circuit on Thursday invalidated patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc. and that had been upheld by the Patent Trial and Appeal Board.

  • June 04, 2026

    JD Power Claims Chime's Bogus '#1' Banking Ads Rip Off TMs

    J.D. Power has hit Chime Financial Inc. with a lawsuit in New York federal court, accusing the fintech company of willfully infringing J.D. Power's trademarks to support a "widespread, multi-channel" deceptive advertising campaign falsely suggesting that the data analytics firm rated Chime "America's #1 Choice for Banking."

  • June 04, 2026

    Fed. Circ. Solidifies Google, Oath Wins In Arendi Patent Suits

    The Federal Circuit on Thursday upheld Google LLC and Oath Holdings Inc.'s wins over Arendi SARL's lawsuits that accused them of infringing various data system patents, agreeing with a Delaware federal court that the patents weren't valid to begin with.

  • June 04, 2026

    Realty Rival, Directors Barred From Poaching Brokerage Staff

    Two former sales directors for a real estate brokerage must stop recruiting former coworkers for a rival company that hired them, North Carolina's business court has said, finding the new employer should also be barred from meddling with more of the brokerage's employment contracts.

  • June 04, 2026

    Ex-Surgeon Agrees To $7.7M Tax Bill From Offshore Scheme

    A retired plastic surgeon reached a $7.7 million settlement with the federal government to resolve an Internal Revenue Service case alleging that he ran an offshore employee leasing scheme, according to an agreement filed in an Ohio federal court.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Judge Won't Rethink Insurer's Duty To Cover Data Center Row

    A California federal judge refused to allow Navigators Specialty Insurance Co. to file a reconsideration motion for a prior ruling that dismissed the insurer's claims in its coverage suit against a client company taken into arbitration over a California data center project.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Supreme Court Shuts Down 'Skinny Label' Drug Patent Suit

    The U.S. Supreme Court on Thursday ended a patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, saying Amarin Pharma Inc. had not plausibly alleged that Hikma encouraged healthcare providers to infringe its patents.

  • June 04, 2026

    AI Co. Midnight Labs Gets Sony Innovation Fund Investment

    Midnight Labs, a Dublin-based artificial intelligence company focused on intellectual property enforcement, announced Thursday it received an investment from the Sony Innovation Fund to expand its software in the U.S. and Japanese markets.

  • June 03, 2026

    CBP Says Stiiizy's New Vape Cartridges Clear Pax Patents

    U.S. Customs and Border Protection has cleared vape company Stiiizy to import its redesigned oil cartridges, ruling they do not violate patents held by rival Pax Labs Inc., despite the competitor having successfully persuaded the U.S. International Trade Commission to block an earlier version of Stiiizy's products.

  • June 03, 2026

    Squires Institutes 3 Patent Reviews, Denies 3 Others

    U.S. Patent and Trademark Office Director John Squires on Tuesday granted three requests for review of patents under the America Invents Act, while turning down three other petitions.

  • June 03, 2026

    Samsung Can't Appeal Conflicting Alice Ruling In $78.5M Case

    A Texas federal judge has refused to let Samsung appeal a decision upholding two patents that resulted in a $78.5 million jury verdict against the South Korean tech giant after a different court found one of the patents invalid.

  • June 03, 2026

    Iconic Lamp Design Isn't MillerKnoll's, 6th Circ. Told

    Counsel for the family of the late designer George Nelson told a Sixth Circuit panel Wednesday that a lower court decision awarding intellectual property rights for his iconic bubble lamp to furniture company MillerKnoll was based on a faulty interpretation of a 2015 contract amendment and should be overturned.

  • June 03, 2026

    KeyBank, Investment Advisers Settle Suit Alleging Client Theft

    KeyBank affiliate Key Investment Services LLC has agreed to settle its suit accusing two former investment advisers of stealing trade secrets and violating their employment agreements by soliciting customers.

Expert Analysis

  • 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.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Winter Olympics Put The Spotlight On IP Issues

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    This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

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    Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Why La. Ruling May Open NIL Deals For Int'l Student-Athletes

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    A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.

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