Intellectual Property

  • October 08, 2026

    New USPTO GC Vows Government Won't 'Micromanage' IP

    John Duffy, the new U.S. Patent and Trademark Office general counsel and acting solicitor, told patent professionals gathered in San Francisco on Thursday that the economic use of patent rights is best handled by the private sector and that governments here and elsewhere shouldn't "micromanage the commerce of intellectual properties."

  • October 08, 2026

    NASCAR Rivals Must Yield Race Setups In Trade Secrets Suit

    Joe Gibbs Racing LLC and rival NASCAR team Spire Motorsports must produce their race-car setups for the 2025 and 2026 seasons in their contested trade secrets battle, a North Carolina magistrate judge has ruled, but not without first lamenting the onslaught of discovery disputes he's been saddled with resolving.

  • October 08, 2026

    Fired Bassist Drops Conn. Contract Suit Against Metal Band

    The co-founder and longtime bass player for Grammy-nominated metal band Hatebreed has withdrawn a Connecticut state court lawsuit against the musical ensemble's singer and a related corporate entity, dropping all allegations his 2024 ouster was a breach of contract that caused him emotional distress.

  • October 08, 2026

    Boston Scientific Brings Heart Puncture Patent Suit

    Boston Scientific has sued Johnson & Johnson-owned medical device company Atraverse Medical Inc., claiming it infringed a patent covering a method of puncturing heart tissue.

  • October 08, 2026

    Ex-Patent Commissioner Joins IP Advocacy Group Board

    The U.S. Patent and Trademark Office's former acting patent division leader has been named as a new advisory board member of the Council for Innovation Promotion after leaving the agency in April, the advocacy group has announced.

  • October 08, 2026

    USA Today Adds To Pile Of Newspaper Suits Against OpenAI

    USA Today Co. Inc. and several of its subsidiary newspapers accused OpenAI on Thursday in New York federal court of using their copyrighted news content to train ChatGPT, adding to a heap of lawsuits filed by large and small newspapers claiming the company made free use of content it should have paid for.

  • October 08, 2026

    USPTO Plan To Limit AIA Reviews Is In White House's Hands

    Rules proposed by the U.S. Patent and Trademark Office to place new limits on patent challenges are being scrutinized by a White House agency, which has held dozens of meetings with groups advocating for and against the plan in recent weeks.

  • October 08, 2026

    Judge Plans To Drop TMZ Parent From Terrell Owens' TM Suit

    An Illinois state judge said Thursday that he intends to dismiss the Fox subsidiary behind TMZ from a trademark infringement lawsuit brought by ex-NFL star Terrell Owens, which accused the outlet of exploiting his famed catchphrase "Getcha Popcorn Ready" as a tagline in its football-related coverage to evoke anticipation, increase advertising revenues and generate web traffic.

  • 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.

Expert Analysis

  • 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.

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

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