Intellectual Property

  • September 28, 2026

    NASCAR Team Says Docket Error Doesn't Warrant Default

    Joe Gibbs Racing has asked a North Carolina federal judge not to hand its former competition director and his current NASCAR team an entry of default over an inadvertently missed deadline, arguing it has so far participated fully in the litigation.

  • September 28, 2026

    Judge Cuts Patent Claims Against Volvo Over Payment Data

    A Delaware federal judge has knocked out claims that a division of Volvo infringed a digital payment hub patent owned by ModoPayments, but kept alive the lawsuit's copyright infringement claims.

  • September 28, 2026

    Del. High Court Adds To Vet Patent Indemnity, Strikes Interest

    The Delaware Supreme Court has issued a mixed ruling in a veterinary implant patent dispute, holding a company's founder liable for his share of a $9.8 million license and about $2.4 million more in defense fees while striking millions in prejudgment interest he had been ordered to pay.

  • September 28, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week heard arguments over whether to dismiss a derivative suit accusing UiPath Inc. insiders of misleading investors and trading on inside information, while a Match Group Inc. stockholder sued for records concerning reports of sexual assault and other violence involving users of the company's dating apps.

  • September 28, 2026

    FTC Touts 'Dismantling' Of Corteva's Pesticide Rebates

    The Federal Trade Commission on Monday touted its new settlement with Corteva Inc. for severely constricting the pesticide company's ability to pay distributors a loyalty rebate in exchange for limiting sales of cheaper generics, the latest in a string of agreements Trump-era antitrust enforcers have struck ending existing claims.

  • September 28, 2026

    Seed Patent Dispute Settles 3 Days Into Trial

    Corteva Agriscience and Inari Agriculture Inc. have settled a seed intellectual property dispute three days into a Delaware federal trial over whether the latter infringed three patents and misappropriated seed samples.

  • September 28, 2026

    Burford Eyes $1.4B Of $5.7B Patent Trial Verdict Against Apple

    Burford Capital said it is entitled to $1.4 billion of last week's historic $5.7 billion patent infringement jury verdict against Apple, but the litigation funder cautioned Monday that the massive payday could still evaporate on appeal.

  • September 25, 2026

    Perplexity Stole Wake-Word Tech For AI Assistant, Suit Alleges

    Perplexity AI absconded with proprietary technology to create a wake-word system for its artificial intelligence assistant, a Swiss startup alleges in a trade secrets misappropriation lawsuit filed in California federal court in San Francisco.

  • September 25, 2026

    Fed. Circ. Backs Nixing Of Speech Patent In 'Hey Siri' Dispute

    The Patent Trial and Appeal Board was right to fully invalidate a speech recognition patent that Apple stands accused of infringing, the Federal Circuit held Friday.

  • September 25, 2026

    Teva, Apotex Don't Infringe Sleep Drug Patents, Judge Finds

    Generic drugmakers Teva Pharmaceuticals and Apotex Inc. have secured an order from a Delaware federal court that they do not infringe patents asserted by Vanda Pharmaceuticals that cover the sleep drug Hetlioz.

  • September 25, 2026

    Clothing Cos. Infringed Beer Brands' Trademarks, Suit Says

    Two Colorado clothing companies infringed the trademarks of several popular beer brands by using counterfeit marks on the clothing items and submitting fraudulent documents with forged signatures to online sales platforms in support of the items' sales, according to a lawsuit in Colorado federal court.

  • September 25, 2026

    USPTO Is Seeing A Rise In Continued Examination Requests

    Requests for continued examination of patent applications have ballooned at the U.S. Patent and Trademark Office, a trend attributed in part to the agency's success at decreasing the backlog of new applications.

  • September 25, 2026

    Fake Warhols Dealer Fails To Appear At Sentencing

    A Miami art dealer who admitted to selling fake Andy Warhol works to his gallery clients failed to show up to his sentencing hearing on Friday, forcing a Florida federal judge to reschedule it for one week later while the government and his attorney try to track him down.

  • September 25, 2026

    PTAB Invalidates Challenged Claims In Breast Pump Patent

    The Patent Trial and Appeal Board on Friday ruled that all claims Shenzhen Root Technology Co. Ltd. challenged in a Willow Blossom wearable breast pump patent are invalid on numerous grounds.

  • September 25, 2026

    Apple Hit With Historic $5.7B Patent Verdict

    A California federal jury said Friday that Apple owes a staggering $5.7 billion to headphone-maker Taction Technology Inc. after finding the tech giant infringed a pair of Taction's vibration technology patents, issuing the largest patent verdict in U.S. history.

  • September 25, 2026

    Alkermes Must Face Bulk Of Addiction Treatment Drug Suit

    A Massachusetts federal judge largely refused Thursday to let Alkermes duck a proposed class action alleging it tricked the U.S. Patent and Trademark Office into granting a patent for the addiction treatment therapy Vivitrol, crediting allegations a missing study was intentionally omitted from the patent application to win approval.

  • September 25, 2026

    Squires Says Biocon Challenge To Eylea Patent Filed Too Late

    U.S. Patent and Trademark Office Director John Squires has explained why he rejected Biocon Biologics' challenge to a Regeneron Pharmaceuticals Inc. patent covering the eye disorder drug Eylea — because Biocon waited too long to bring the challenge.

  • September 25, 2026

    9th Circ. OKs Class Cert. In Classmates.com Name Use Case

    The Ninth Circuit has approved a lower court's certification of a class of Californians suing over their names appearing in the yearbooks platform Classmates.com, rejecting a number of challenges from the website's operator, including that the lead plaintiff couldn't adequately represent the class.

  • September 25, 2026

    Clothing Co. Settles TM Suit With Chinese Seller After Appeal

    A clothing company has settled its counterfeiting lawsuit against a Chinese e-commerce seller after the Seventh Circuit revived the dispute in May, directing a lower court to determine if the rules of The Hague Service Convention apply and prohibit the email service of the complaint.

  • September 25, 2026

    Del. Chancery Says Curonix Owns Stimwave Shares

    The medical device company Curonix LLC has won its lawsuit against the founder of Stimwave Technologies Inc., with Delaware's Court of Chancery finding that the plaintiff is the rightful holder of 75,000 shares of the company it purchased in bankruptcy.

  • September 25, 2026

    Cox Can't Recoup $15M In DMCA Suit Costs From Insurers

    A Georgia federal judge backed two insurers in a lawsuit by Cox Enterprises that alleged it was wrongly denied coverage for more than $15 million it racked up in separate litigation with a music publisher, saying the claims were not covered under Cox's policies.

  • September 25, 2026

    Judge Suggests No Injunction In Whirlpool Patent Suit

    A Texas federal magistrate judge has recommended not to grant an injunction to kitchen appliance company Whirlpool Corp. against Samsung in a case alleging the latter infringed patents covering dishwasher racks, finding there were "substantial questions" over whether the accused products were actually infringing and whether two of the patents were valid.

  • September 25, 2026

    Google Win Over Online Ad Patent Case Upheld By Fed. Circ.

    The Federal Circuit on Friday refused to revive an advertising management system company's infringement suit against Google and YouTube, agreeing with a California federal judge's finding that the claims at issue were invalid under the U.S. Supreme Court's Alice precedent.

  • September 25, 2026

    Nvidia Wins Stay In AI Voice Data Class Action

    An Illinois federal judge granted Nvidia's motion to stay discovery pending his ruling on its bid to dismiss a suit claiming it used journalists' and voice actors' voices to train its artificial intelligence models without permission, saying the plaintiffs could have sought emergency relief if continued dissemination of the models was an urgent concern.

  • September 25, 2026

    US Blocks WTO Appellate Body Selection For 100th Time

    The U.S. prevented the World Trade Organization on Friday from beginning the process of selecting members to the appellate body designed to settle disputes over WTO decisions for the 100th time, continuing its six-year blockade of the body.

Expert Analysis

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Sizing Up The 3-Way Battle For 'Iceman' IP Rights

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    A complex intellectual property conflict is unfolding between athletes Caleb Williams, George Gervin and Chuck Liddell — each of whom has different, credible claims to the "Iceman" nickname and associated trademark rights, say attorneys at Foley & Lardner.

  • Opinion

    Proposed Pro Codes Act Raises Constitutional Concerns

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    If passed, the Pro Codes Act being considered in the U.S. House of Representatives would fundamentally alter how technical standards are treated under U.S. law, and potentially conflict with the Fifth Amendment's takings clause, says Paul Taylor at George Mason University.

  • How The Coming Months Will Shape State Drug Price Boards

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    The future of state prescription drug affordability boards may be determined in the next few months, between an upcoming court decision in a challenge against state authority to set drug prices, and pending state decisions about whether to use federal Medicare maximum fair prices as reference, say Michael Kolber, Steven Chen and Kelechi Ezealaji at Manatt.

  • High Court 'Skinny Label' Case Will Matter To Tech Litigators

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    Hikma v. Amarin, set for oral argument in the U.S. Supreme Court on Wednesday, has potential to affect not just generic drug label-based evidence in patent cases, but also how technology inducement cases are presented and proven, says attorney Abdul Abdullahi.

  • Opinion

    New Legislation May Be Necessary To Fix Flawed Cox Ruling

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    The U.S. Supreme Court's opinion in Cox v. Sony erroneously limited the doctrine of contributory copyright infringement and effectively eliminated such liability for internet service providers, and the most viable option to remedy the damage is to codify the pre-Cox common law of contributory copyright infringement, says Michael Cicero at Mavacy.

  • Reel Justice: 'No Other Choice' And Moral Rationalization

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    In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

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