Intellectual Property

  • October 23, 2026

    Insulet Can't Keep Injunction During Trade Secret Appeal

    The Federal Circuit has denied insulin product developer Insulet Corp.'s request to keep an injunction in place against rival EOFlow Co. Ltd. while it appeals an axed $59 million trade secrets jury verdict to the U.S. Supreme Court.

  • October 23, 2026

    Startups, Inventors Urge High Court To Review $2.6B IP Case

    The Alliance of U.S. Startups & Inventors for Jobs has called for the U.S. Supreme Court to take up Centripetal Networks LLC's petition arguing a $2.6 billion infringement victory against Cisco was taken away without due process, with the organization warning the holding will disincentivize innovation by smaller companies and individuals.

  • October 23, 2026

    Copyright Ruling Leaves Worldwide Rights In Legal Limbo

    The U.S. Supreme Court left music publishers, creators and catalog buyers facing potentially different rules for worldwide copyright termination after an unusual quorum failure ended the entertainment industry's bid to overturn a Fifth Circuit ruling allowing authors to recapture foreign rights included in worldwide grants.

  • October 23, 2026

    AI Cardiac Imaging Co. Heartflow Files IP Suit Against Rival

    Artificial intelligence-powered cardiac imaging company Heartflow Inc. is accusing a competitor of infringing its patents covering a noninvasive heart test and luring almost a dozen of its employees to make a similar product.

  • October 23, 2026

    News Orgs Fight OpenAI, Microsoft's Fair Use Arguments

    News organizations locked in a sweeping fight with OpenAI and Microsoft over whether artificial intelligence developers should be able to legally use news content to train AI asked a New York federal judge Friday not to rule that doing so is fair use, arguing the tech companies see a world where they can freely copy entire articles.

  • October 23, 2026

    Ultrahuman Sued By Ouraring Again After Redesign Win

    Smart ring-maker Ouraring Inc. has filed another lawsuit against rival Ultrahuman Healthcare Inc., asserting two patents it said were not addressed in an earlier suit that resulted in an import ban that was later lifted when Ultrahuman redesigned its product.

  • October 23, 2026

    NASCAR Team Fights Rival's Inspection Bid In Secrets Row

    NASCAR powerhouse Joe Gibbs Racing is pushing a North Carolina federal judge to deny a rival team's bid to inspect its premises as part of a simmering trade secrets dispute, emphasizing the competitive threat posed by the request.

  • October 22, 2026

    Syngenta's Pesticide Rebates To Face FTC Antitrust Trial

    Syngenta cannot escape the Federal Trade Commission's allegations it uses a loyalty rebate program to block competition from rival generic pesticides, a North Carolina federal judge ruled Thursday, saying it will be up to a jury to iron out whether the rebates are unlawful exclusive dealing.

  • October 22, 2026

    'Stop Playing Games': Ill. Judge Floats T-Shirt TM Contempt

    The founder of an apparel company that lost a "This We'll Defend" slogan infringement trial and appeal has one week to comply with the permanent injunction requiring him to relinquish property bearing the trademark or be held in contempt of court, an Illinois federal judge said Thursday.

  • October 22, 2026

    Anthropic Can't Get 'Claude Mythos' TMs Yet, USPTO Says

    The U.S. Patent and Trademark Office issued initial denials of Anthropic PBC's request to register the term "Claude Mythos" for its artificial intelligence products, preliminarily finding that the term would likely be confused with an existing registration.

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    9th Circ. Affirms Verdict Clearing Shyamalan Of Infringement

    The Ninth Circuit on Thursday upheld a jury's decision clearing Apple Inc. and filmmaker M. Night Shyamalan of allegations that they stole an independent filmmaker's work for the Apple TV show "Servant," rejecting arguments of improper jury instructions.

  • October 22, 2026

    6th Circ. Weighs Ford's $13M Trade Secrets Verdict

    A panel of the Sixth Circuit on Thursday questioned whether Ford should have to surrender $13.2 million in profits from a vehicle interface module after a jury found the automaker misappropriated a supplier's trade secrets, pressing attorneys on whether the award improperly included profits generated by features unrelated to the disputed technology.

  • October 22, 2026

    Elsevier Beats Defamation Suit Over Air Purifier Article

    An indoor air quality company failed to prove academic publisher Elsevier acted with malice in printing an article questioning the effectiveness of its air purification technology sufficient to sustain a claim for defamation, a North Carolina federal judge ruled Thursday.

  • October 22, 2026

    10x Genomics Ends Patent Fight Against Parse In Delaware

    10x Genomics has told a Delaware federal judge it will no longer pursue a patent case against Parse Biosciences Inc. over methods of analyzing genetic information, a move following the Federal Circuit's refusal to revive the remaining three patents-at-issue.

  • October 22, 2026

    Ex-Eminem Employee Cops To Selling Unreleased Music

    A former employee of Detroit rapper Eminem pled guilty Thursday to taking and selling music the artist had not released for about $50,000.

  • October 22, 2026

    Fed. Circ. Won't Overrule Sending IP Cases From Va. To Ill.

    The Federal Circuit on Thursday said it won't send back to Virginia federal court a trio of suits accusing fleet vehicle telematics company Xirgo Technologies of infringing more than a dozen patents, keeping the cases in Illinois federal court.

  • October 22, 2026

    Imperative Gets PTAB To Trim Inari Medical Device Claims

    The Patent Trial and Appeal Board has invalidated claims in an Inari Medical Inc. patent on valves used in surgery to prevent blood loss, handing another win to challenger Imperative Care as it fends off an infringement lawsuit in California.

  • October 22, 2026

    Music Co. Accuses Anthropic Of Training Claude On Catalog

    A music holdings company has alleged that Anthropic trained its large language model Claude on copyrighted music by pirating songs from the internet and removing their copyright management information.

  • October 22, 2026

    DLA Piper Hires Shook Hardy Product Liability Partner

    DLA Piper has hired a former Shook Hardy & Bacon LLP product liability partner in San Francisco who has decades of experience defending companies in high-stakes disputes involving hundreds of millions of dollars.

  • October 21, 2026

    Iran Money Trail Takes Center Stage At Huawei's RICO Trial

    The federal jury in Brooklyn weighing Huawei's fate for days heard testimony about the money trail, or lack thereof, from the company's purported Iranian unit and the Chinese telecommunications giant's U.S. payroll, as one of its defenses in the sanctions and trade secret theft trial began to take shape.

  • October 21, 2026

    Amazon Says Chinese Videos Reveal TM Suit Payout Scheme

    Amazon has told a Chicago federal judge that it found Chinese-language videos and social media posts in which a China-based operator describes using federal lawsuits to release money from frozen seller accounts, offering a possible explanation for court-ordered transfers the e-commerce giant has challenged in more than a dozen trademark cases.

  • October 21, 2026

    Anthropic's Lyric 'Mash Up' May Be Fair Use, Judge Says

    A California federal judge Wednesday appeared open to Anthropic's defense that using copyrighted song lyrics to train Claude AI is fair use, saying during a daylong hearing that "mash-up" lyrics produced by AI might constitute fair use while also questioning how to "slice and dice" the case's scope.

  • October 21, 2026

    Law Firm Ordered To Hand Over Rebrand Records In TM Fight

    A personal injury law firm must turn over documents with information about its decision to rebrand and search the personal devices of its CEO and vice president in a trademark battle with another firm, a North Carolina magistrate judge has ruled.

  • October 21, 2026

    Detroit Lions Can't Sack 'Motor City Muscle' TM Claims

    A Michigan federal judge on Tuesday trimmed U.S. Events LLC's lawsuit against the Detroit Lions, but ruled that the team must face claims of trademark infringement and unfair competition over its use of the company's protected "Motor City Muscle" slogan to promote its jerseys.

Expert Analysis

  • 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

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    The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • A Deepening Patent-Trademark Divide Over Irreparable Harm

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    Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

  • Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

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    The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

  • Reel Justice: 'Disclosure Day' Teaches Attys To Listen

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    The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their practice — it is what makes effective representation and justice possible, says Veronica Finkelstein at Widener-Delaware Law.

  • Other Transaction Authority May Change Military Construction

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    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

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    The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

  • Trending Legal Implications Of Employee Influencer Programs

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    Employee-generated content is rapidly becoming a popular marketing strategy, as illustrated by Starbucks' new TikTok program, but it raises several legal risks for employers, including wage and hour exposure, federal disclosure obligations, and intellectual property concerns, say attorneys at Reed Smith.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • What To Know As DOJ Antitrust Biz Review Letters Return

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    The revival of the U.S. Department of Justice Antitrust Division's business letter review program reflects a trend of engagement with the business community, but the program's value will depend on the government's response speed, depth of analysis and ability to provide meaningful practical guidance, say attorneys at MoFo.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

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    The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

  • USPTO Practitioner Roster Reflects A More Veteran Workforce

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    An analysis of the U.S. Patent and Trademark Office's Office of Enrollment and Discipline practitioner roster reveals a widening demographic imbalance between new practitioners and those with more experience, but despite this trend, an expected falloff in practitioner numbers has yet to arrive, says Ian Schick at Paximal.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • How 'Markedly Different' Test Shapes Patent Eligibility Debate

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    Following last month's U.S. Senate hearing on the proposed Patent Eligibility Restoration Act, it is important to examine how courts and the U.S. Patent and Trademark Office have applied the 46-year-old "markedly different characteristics" framework to determine eligibility of composition-of-matter claims, say attorneys at WilmerHale.

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