Intellectual Property

  • October 08, 2026

    Fed. Circ. Told Trade Secret Suit 'Never' Should've Been Filed

    A Federal Circuit panel focused Thursday on when a business analytics software company's unsuccessful trade secret case against a rival may have crossed the line into bad faith litigation, warranting nearly $2.8 million in attorney fees from a Utah federal judge.

  • October 08, 2026

    Disney, ESPN Sued Over Streaming Patents By Korean Group

    A South Korean government research institution and three universities have sued Disney, Hulu and ESPN in Delaware federal court claiming part of their ways of providing videos infringes a series of streaming patents.

  • October 08, 2026

    No Sign Of A Final Whistle For NCAA Eligibility Suits

    New NCAA rules and a looming U.S. Senate bill could lead to a decrease in court fights over athletes' eligibility, but the huge dollars at stake and athletes' desire to extend their careers mean that litigation is not going to disappear anytime soon.

  • October 08, 2026

    Air Force Licenses Drone Capture Patent To AI Tech Co.

    The U.S. Air Force is licensing one of its patents meant to trap drones and disarm their communication systems to an artificial intelligence space and defense infrastructure company to evaluate its use across various applications.

  • October 08, 2026

    Procopio Hires Ex-Perkins Coie IP Attorney As Partner In Calif.

    Procopio Cory Hargreaves & Savitch LLP announced on Thursday it has hired a former Perkins Coie intellectual property veteran to join the firm's Del Mar Heights, California, office as a partner.

  • October 08, 2026

    IP Rights Group Urges Against Litigation Funding Disclosure

    An inventor rights advocacy group has told a federal courts rules committee that requiring the disclosure of who is funding civil litigation would put independent inventors at a disadvantage when trying to enforce patents against a larger company.

  • October 08, 2026

    Insurer Says Related Dispute Bars Ad.com TM Suit Coverage

    An insurer asked a California federal judge to find that it did not breach its policy with an online advertising company by refusing coverage against a trademark lawsuit, saying the infringement claims are related to a state court case filed outside the policy period.

  • October 08, 2026

    DLA Piper Taps 2 O'Melveny Lawyers For Leadership Roles

    DLA Piper has hired two O'Melveny & Myers LLP lawyers as the new leaders in two D.C.-based intellectual property groups, one of whom was the leader of his prior firm's International Trade Commission litigation group.

  • October 08, 2026

    Fed. Circ. Presses Inventor On SAWS Bias Challenge

    Federal Circuit judges appeared skeptical of an inventor's argument that the U.S. Patent and Trademark Office's controversial and now discontinued "sensitive" patent applications program derailed his application for a patent on a type of internal combustion engine in violation of his constitutional rights.

  • October 08, 2026

    Jury Says Amazon Storefronts Infringed Golf Cart Patents

    A federal jury in Virginia has found that three Amazon storefront operators willfully infringed a Chinese company's patent covering a collapsible golf cart, while also holding two of the operators liable for infringing a second, related patent.

  • October 08, 2026

    Fish & Richardson Adds UPC Litigator In Munich

    Fish & Richardson has bolstered its Munich office with a new Unified Patent Court litigator, who said Thursday that his new firm is "uniquely positioned" to build a standout practice at the unitary European forum.

  • October 07, 2026

    Uncertainty Surrounds Judge Newman's 11th Circ. Transfer

    Chief Justice John Roberts' order to transfer the Federal Circuit Judicial Council's disability investigation of a suspended 99-year-old judge to another court offers the neutral evaluation the judge has long been asking for, but attorneys are concerned about the transparency of the proceeding.

  • October 07, 2026

    Blue Cross Must Justify Carve-Up Unit By Unit In Calif.

    Counsel for hospital plaintiffs touted a "landmark" win in California state court litigation that will require the Blue Cross Blue Shield network to justify unit by unit how it has carved up markets.

  • October 07, 2026

    Ex-Deloitte Duo Can't Shake Feds' Trade Secrets Claims

    A West Virginia federal judge on Wednesday refused to throw out criminal charges against a pair of former Deloitte employees accused of stealing the company's trade secrets, finding that the issues raised by the workers must be addressed by a jury.

  • October 07, 2026

    Josh Cellars Co. Says Ex-Prez Has 'Deep' Litigation Funding

    Companies behind the Josh Cellars wine brand say they should be allowed to introduce an ex-president's alleged litigation funding deals during an upcoming Connecticut jury trial, arguing they're necessary to defend against his assertions regarding a corporate operating agreement and to refute a possibly misleading portrayal of the parties' resources.

  • October 07, 2026

    Kia Settles E-Key, User ID Tech Patent Cases In Texas

    Kia and Emerging Automotive LLC told a Texas federal court Tuesday they had reached a settlement in principle resolving their patent disputes over e-key and vehicle user identification technology, asking for a 30-day pause to finalize the agreement in litigation over technology that also involves Toyota.

  • October 07, 2026

    Ex-Burger King Operator Must Close Eateries In TM Dispute

    A Florida federal judge on Wednesday shut down several restaurants owned by a former Burger King franchisee who renamed her shops "Jumbo King Burger," saying the owner is likely violating a prior agreement to not compete with the fast-food giant and infringing its intellectual property.

  • October 07, 2026

    Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

    The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.

  • October 07, 2026

    GDC Owes $3.1M In Digital Rights Management Patent Trial

    A Texas federal jury has awarded nearly $3.1 million to a patent-holding company, finding that a digital cinema products business willfully infringed a patent, but cleared the company of infringement allegations on a second patent.

  • October 07, 2026

    3rd Circ. Upends Sandoz's $61.6M Award Against UTC

    A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.

  • October 07, 2026

    Copyright Office Probes AI's Role In Streaming Fraud

    The U.S. Copyright Office is examining whether music-streaming fraud and artificial intelligence-generated music are affecting royalty payments and licensing systems as part of a broader inquiry requested by Congress.

  • October 07, 2026

    KPSI Held In Contempt For Selling Enjoined Products

    A Washington federal judge held KPSI Innovations Inc. and three executives in contempt after a rival litigant complained that they'd continued to sell fire-resistant construction assembly products after being enjoined from doing so.

  • October 07, 2026

    Foley Hoag Adds 3 Partners In Denver

    Foley Hoag LLP has grown its intellectual property, emerging company and venture capital offerings in Colorado with the addition of three partners, two from Sheridan Ross PC and another from Pillsbury Winthrop Shaw Pittman LLP.

  • October 06, 2026

    UVA Law Prof Takes On Role Of USPTO General Counsel

    The U.S. Patent and Trademark Office said University of Virginia School of Law professor John F. Duffy has joined the agency as its general counsel and acting solicitor.

  • October 06, 2026

    Lululemon Can't Score Fees After Nike Patent Win Was Erased

    Apparel company Lululemon's request for attorney fees was denied by a New York federal judge Tuesday after a Nike patent that was the basis of a $355,450 infringement verdict was found invalid.

Expert Analysis

  • '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.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • TTAB's Everwise Decision Highlights Token-Use Pitfalls

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    The Trademark Trial and Appeal Board's recent cancellation of Everwise Credit Union's registration for the standard character mark "Everwise Credit Union" offers a detailed road map for practitioners on both sides of reexamination proceedings, and a blunt warning on specimen strategy, say attorneys at Akerman.

  • Reel Justice: 'Tuner' And Modern Juror Sympathy

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    In “Tuner,” the main character’s criminal behavior is framed as an extension of his vulnerability, talent and loyalty, demonstrating how narratives of sympathy shape perceptions of culpability, and why jurors may reinterpret wrongdoing through story and emotion rather than evidence and doctrine, says Veronica Finkelstein at WilmU Law.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • Tips For Litigating Life Sciences Investigations At The ITC

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    The International Trade Commission may soon become a significant battleground for life sciences companies as global intellectual property and trade disputes continue, increasing the importance of learning the ITC's unique considerations and litigation strategies, say attorneys at Crowell & Moring.

  • Unsecured Synthetic Royalties May Be Returning

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    Recent royalty monetization deals mark a notable shift in a market that had largely moved away from unsecured synthetic royalty structures after a multiyear freeze triggered by the Mallinckrodt bankruptcy decision in 2022, which exposed a legal risk inherent to the structure, says Peter Schwartz at Covington.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

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