Intellectual Property

  • October 05, 2026

    Judge Clevenger's Intellect Defined His Time On Fed. Circ.

    Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

  • October 05, 2026

    Amazon, Crocs Sue Sellers Over Alleged Classic Clog Dupes

    Amazon and Crocs have kicked off a trademark infringement case in Washington federal court, accusing several third-party sellers of conspiring to peddle counterfeit versions of the casual clogs on the e-commerce platform.

  • October 05, 2026

    ByteDance Can't Shake YouTubers' AI Video Copyright Suit

    A California federal judge refused Friday to throw out copyright litigation alleging TikTok owner ByteDance Inc. illegally scraped millions of YouTube videos to train its text-to-video AI products, finding that the content creators plausibly allege they've been harmed and that ByteDance circumvented at least some of YouTube's technological protections.

  • October 05, 2026

    Nokia Says Pornhub Owner Freeloads On Its Video Patents

    Nokia has filed a lawsuit in Texas federal court accusing Pornhub owner Aylo Holdings of infringing seven of its video coding patents in order to provide videos to "many millions of users."

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    9th Circ. Revives Antitrust Suits Against Invisalign

    The Ninth Circuit on Monday reversed Invisalign-maker Align's summary judgment win in two class actions accusing the company of monopolizing the clear teeth aligner market, saying in a published opinion that Align's true reason for ending tech interoperability with a rival is still up for dispute.

  • October 05, 2026

    Airbnb Can't Monopolize 'BNB' Acronym, Real Estate Co. Says

    Airbnb cannot monopolize the acronym "BNB," which is an internationally recognized, generic and unregistrable abbreviation for "Bed and Breakfast," and its opposition to a luxury real estate management enterprise's trademark application for "LUXBNB" should be dismissed, alleges a declaratory action filed Monday in New York federal court. 

  • October 05, 2026

    Big 3 Telecoms Want Antitrust Suit Over Wi-Fi Calling Tossed

    The nation's largest three mobile carriers — AT&T, Verizon and T-Mobile — are ready to wash their hands off a lawsuit accusing them of conspiring to offer free Wi-Fi calling as a way to monopolize the market for the service.

  • October 05, 2026

    Roblox Escapes Artist's AI Copyright Claims, For Now

    A California federal judge has allowed Roblox Corp. to duck claims from a 3D artist that his work had its copyright management information removed when it was used to train artificial intelligence but gave the artist a chance to remedy the issues with his suit.

  • October 05, 2026

    Fed. Circ. Partially Revives Wall Outlet Cover Patent Suit

    The Federal Circuit on Monday revived part of SnapRays LLC's case accusing O'Reilly Winship LLC of infringing patents covering a type of plastic plate that covers wall outlets, saying a Texas federal court messed up a piece of claim construction in the case.

  • October 05, 2026

    Burger King Says Ex-Franchisee Infringed With 'Jumbo King'

    Burger King is asking a Florida federal court to shut down three competing restaurants in New Jersey for alleged trademark infringement, claiming that the shops are run by a former franchisee who renamed her business as "Jumbo King" in violation of a prior settlement agreement.

  • October 05, 2026

    Huawei And Qualcomm Strike Patent Licensing Deal

    China's Huawei Technologies Co. Ltd. and U.S.-based Qualcomm Inc. said Monday they have reached a multi-year patent licensing agreement that involves Qualcomm purchasing some of Huawei's U.S. patents.

  • October 05, 2026

    OpenAI's 'Astra' Name Causes 'Reverse Confusion,' Co. Says

    OpenAI's launch of Astra, its flagship AI model, threatens to make an earlier user of the name appear to be a copycat, a California software company claimed Monday in a federal trademark lawsuit.

  • October 05, 2026

    Pepperdine Asks 9th Circ. For Another Shot At Netflix TM Suit

    Pepperdine University is urging the Ninth Circuit to revive its trademark suit over the "Waves" team name used in a Netflix sports comedy series starring Kate Hudson, arguing that the district court judge's approach, "would give the entertainment industry carte blanche to infringe trademarks at will."

  • October 05, 2026

    Chancery Allows Discovery In Boehringer Trade Secrets Fight

    The Delaware Chancery Court Monday allowed Boehringer Ingelheim Pharmaceuticals Inc. to move ahead with discovery in its trade secrets fight against United Therapeutics Corp., but rejected the drugmaker's request for a rapid-fire forensic discovery schedule, finding Boehringer waited too long to justify that level of emergency relief.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Comedy Festival Accuses Apple, Tubi Of Infringement

    The organizer of America's longest-running urban comedy festival sued several entertainment distributors and a producer in Georgia federal court, accusing them of streaming its content on platforms including AppleTV+ and Tubi without authorization.

  • October 05, 2026

    High Court Won't Take Up Maine Lobster Boat Tracking Suit

    The U.S. Supreme Court on Monday declined to consider a constitutional challenge to Maine's tracking of vessels that hold federal lobster permits, a policy several lobster fishermen claimed violated their privacy rights.

  • October 05, 2026

    Aerosonic Wins $116.8M In Joby Aero Air Data Probe IP Trial

    A Florida federal jury has awarded $116.8 million to aviation manufacturer Aerosonic LLC in its case alleging Joby Aero Inc. stole intellectual property related to air data probes.

  • October 05, 2026

    Justices Skip 2 Patent Cases, 1 Trade Secret Dispute

    The U.S. Supreme Court on Monday rejected a trio of petitions concerning patent and trade secret litigation, declining to review questions about damages apportionment and patent eligibility.

  • October 02, 2026

    Amazon Seeks Records Around Lawyer's USPTO Suspension

    An attorney Amazon has accused of furthering a scheme to fraudulently register thousands of trademarks and use them to report infringement by rival Amazon merchants must hand over documents related to her discipline in California and Washington, the retail giant argued in a Washington federal court filing Thursday.

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Chemical Co. Secures $1.25M In Fees In Trade Secrets Case

    A chemical distributor was awarded nearly $1.25 million in attorney fees by a Seattle federal judge but was denied exemplary damages after winning $1.9 million in a trial against former employees accused of lifting trade secrets as they left the company.

  • October 02, 2026

    Major League Soccer Wins Copyright Registration For Crest

    The U.S. Copyright Office Review Board has ruled that Major League Soccer's 2014 crest is eligible for copyright protection, overturning an earlier refusal that found the logo lacked sufficient creative authorship.

  • October 02, 2026

    EDTX Judge Suggests Toyota Should Win Axle Patent Case

    Ahead of a trial scheduled for November, an Eastern District of Texas magistrate judge has recommended granting Toyota's motion for summary judgment that its vehicle transaxles do not infringe an individual inventor's patent on vehicle power generation technology.

Expert Analysis

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

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    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

  • Generic Drugs Do Not Reach Patients Sooner In The EU

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    Although the U.S. and European Union take very different approaches to patents, regulatory exclusivities and drug pricing, data shows that the effective market life for brand-name drugs is essentially the same in both jurisdictions, says Margaret Kyle at Mines Paris.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • 'Honeypot' Suit Spotlights Nuances Of Trade Secret Law

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    Fintech company MyCard's recent complaint filed in Delaware federal court, alleging that competitor Atomic FI copied its proprietary software, including a "honeypot" in the form of a specific 37-character string, highlights fact-intensive questions of when alleged trade secrets are actually secret, says Eugene Mar at Farella Braun.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • Trump's AI Order Is Strategic, Not Merely Deregulatory

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    Although the framework presented in President Donald Trump’s recent executive order on artificial intelligence is styled as voluntary and innovation-friendly, it creates a new soft-power mechanism for bringing the most capable AI systems into closer alignment with federal security priorities, says Jesse Lemon at The Beckage Firm.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Guitar Shape Controversy Highlights Nuances Of IP Protection

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    A recent German case related to Fender's efforts to secure intellectual property protection for its Stratocaster guitar design highlights a structural tension inherent in IP law — the designs that most successfully become embedded in the cultural landscape are the hardest to justify exclusive ownership of, say attorneys at Spencer West.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

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