Intellectual Property

  • October 06, 2026

    Judge Newman Gets Suspension Fight Moved To 11th Circ.

    Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

  • October 06, 2026

    Latham Adds ITC Lawyer From Baker Botts In DC

    Latham & Watkins LLP has added a longtime Baker Botts LLP and former U.S. International Trade Commission attorney as co-chair of its International Trade Commission practice.

  • October 05, 2026

    Jones Day Expands IP Team In San Francisco, Amsterdam

    Jones Day has brought on an Arnold & Porter Kaye Scholer LLP partner and NautaDutilh's former technology group leader as partners in its intellectual property practice, the firm told Law360.

  • 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%.

Expert Analysis

  • 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.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • Celebs May Need Federal Protection To Fight Voice Deepfakes

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    Deepfakes and digital replicas are increasingly misappropriating celebrities' voices for commercial purposes, but unless federal right of publicity protections are developed, celebrities are left to rely on ill-equipped trademark and state law, say attorneys at Brown Rudnick.

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