Intellectual Property

  • May 20, 2026

    Anker Unit Says Rival Lied About IP To Block Amazon Sales

    The U.S. subsidiary of Chinese electronics giant Anker Innovations Ltd. has urged a Washington federal court to preserve the company's ability to sell robotic vacuum cleaners on Amazon.com, claiming another Chinese seller is using baseless patent infringement allegations in a bid to scrub its products from the online marketplace.

  • May 20, 2026

    2nd Circ. Skeptical Of Bid To Boost Drug Royalty Award

    A Second Circuit panel appeared unsympathetic during oral arguments on Wednesday to Acorda Therapeutics Inc.'s assertion that it should be awarded nearly $66 million beyond the $16.5 million it won in a multiple sclerosis drug dispute, with one judge remarking that the company is "kind of in the soup" because it chose arbitration.

  • May 20, 2026

    NCAA's Maze Of Eligibility Rules Is Athletes' Latest Target

    A deluge of litigation targeting the NCAA's eligibility bylaws for allegedly limiting athletes' compensation has resulted in conflicting rulings from different courts, teeing up the possibility of a U.S. Supreme Court intervention.

  • May 20, 2026

    Colo. Fence Co. Says Rival Stole Trade Secrets, Customers

    A Colorado fencing distributor has alleged in federal court that a private equity-backed competitor, its subsidiary and a former sales manager orchestrated a scheme to steal the distributor's trade secrets rather than pay $7 million to acquire the company.

  • May 20, 2026

    Infoblox Faces Server Security Patent Suit In Virginia

    Network security firm Infoblox Inc. has been hit with a lawsuit in Virginia federal court accusing the company of infringing a patent covering a way of better protecting domain name servers against network security threats.

  • May 20, 2026

    9th Circ. Questions Jack Daniel's TM Win Over 'Bad Spaniels'

    A Ninth Circuit panel on Wednesday questioned whether Jack Daniel's proved that any mark beyond its name was famous enough to support a tarnishment ruling against VIP Products' poop-themed "Bad Spaniels" dog toy, while pressing both sides on whether courts should compare the parties' marks alone or also consider the toy's bottle-like design and crude humor.

  • May 20, 2026

    Boeing Says NASA Program Contract Claim Came Too Late

    The Boeing Co. asked a Washington federal judge to dismiss a breach of contract claim as untimely from a Colorado aerospace company alleging theft of its patented technology, according to a motion for judgment on the pleadings.

  • May 20, 2026

    Armenian Game Maker Won't Give Up Source Code, Suit Says

    The parent of video game company Big Fish Games has sued an Armenian game developer in Washington state court, alleging that when it took ownership of Big Fish, it discovered source code missing from materials returned by the Armenian firm that it has not been able to recover.

  • May 20, 2026

    PTAB Panel Saves Some Herd Management Patent Claims

    A special panel of three Patent Trial and Appeal Board judges has found that a regular review tribunal of the board wrongly invalidated some claims of an animal management patent, reviving those claims.

  • May 20, 2026

    Intellia Drops Counterclaims In Gene-Editing Patent Case

    Intellia Therapeutics Inc. has agreed to drop a set of claims it asserted in a Delaware federal suit brought by BlueAllele, which accused it of infringing three gene-editing patents to bring in $100 million in a deal with Regeneron Pharmaceuticals.

  • May 20, 2026

    Squires Institutes 5 Patent Reviews, Rejects 7 Others

    U.S. Patent and Trademark Office Director John Squires on Tuesday granted five requests for review of patents under the America Invents Act while turning down seven other petitions.

  • May 20, 2026

    Aerospace Co.'s Bid Revived To Bar Alleged Secrets Use

    The Sixth Circuit has disagreed with a lower judge who declined to issue an injunction against an engineer accused of stealing trade secrets just before he left his old company for a rival, saying the facts "clearly weigh in favor of granting injunctive relief."

  • May 20, 2026

    'Shadow Library' Must Pay $19.5M To Publishers In Piracy Suit

    Anna's Archive will have to pay $19.5 million after failing to respond to claims from 13 major book publishers that the alleged "shadow library" illegally distributes pirated books and research papers, a New York federal judge has ruled.

  • May 19, 2026

    VLSI Tells Fed. Circ. To Allow Whistleblower Report After FOIA

    VLSI Technology LLC urged the Federal Circuit Tuesday to unseal at least part of an anonymous whistleblower report that allegedly shows a connection between Intel Corp. and Patent Quality Assurance LLC, now that a copy has become public though the Freedom of Information Act.

  • May 21, 2026

    CORRECTED: Asus Reaches Deal To End Some Wi-Fi Patent Suits

    Sisvel's patent pool has reached a deal with Taiwanese electronics manufacturer Asus to license its standard essential pool of Wi-Fi multimode patents, resolving a swath of litigation but leaving at least one case pending in Texas federal court against an Asus subsidiary. 

  • May 19, 2026

    Fla. Court Urged To Keep Stay On $15M VPN Piracy Judgment

    A man who found himself on the wrong side of a more than $15 million default judgment for pirating movies through his virtual private network provider and then filed for bankruptcy urged a Florida federal court to continue its stay on enforcing the judgment.

  • May 19, 2026

    Amazon Unit Twitch Again Accused Of Infringing Gaming IP

    A Utah gaming company has once again lobbed patent infringement claims at Amazon's streaming platform unit, Twitch, claiming that Twitch is infringing four patents covering video game streaming, synchronizing, and related technologies.

  • May 19, 2026

    She Has A Point: Sheppard's Michelle Replogle

    When Michelle Replogle of Sheppard and Nitika Gupta Fiorella of Fish & Richardson PC were opponents in a patent case, Fiorella said, Replogle stood out for her expertise and respect, which she showed to everyone regardless of their experience or whom they represented in the litigation.

  • May 19, 2026

    Calif. Urges 9th Circ. To Revive Pay-For-Delay Restrictions

    California urged a Ninth Circuit panel Tuesday to find a Golden State law that bans drugmakers from cutting deals out of state that pay to delay generics competition doesn't violate the U.S. Constitution, arguing that ruling otherwise could jeopardize many longstanding state laws that regulate out-of-state conduct.

  • May 19, 2026

    Gibson Dunn IP Litigator Jumps to Latham & Watkins In SF

    Latham & Watkins LLP announced Tuesday that it has landed a first-chair trial lawyer from Gibson Dunn who is skilled in high-stakes intellectual property litigation across the technology sector.

  • May 19, 2026

    Colo. Co. Seeks More Boeing Discovery In NASA IP Fight

    A Colorado aerospace company claimed The Boeing Co. has failed to disclose numerous witnesses and records through discovery in the company's lawsuit accusing Boeing of stealing its patented technology to use on NASA's Artemis moon exploration program, according to a motion to compel filed in Washington federal court Monday.

  • May 19, 2026

    Apple's Fed. Circ. Review Bid Gets Support In Watch Ban Feud

    Technology industry groups and an organization that often files patent challenges have thrown their support behind Apple's fight against a Federal Circuit panel's finding that the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features.

  • May 19, 2026

    PTAB Ends Repetitive Challenges To Mercury Removal IP

    The Patent Trial and Appeal Board has tossed a pair of challenges to mercury removal patents owned by Birchtech Corp., saying the challengers were prioritizing separate bids to invalidate the same patents.

  • May 19, 2026

    Squires Ends Samsung-Requested IPR Over Related PGR

    The Patent Trial and Appeal Board will no longer conduct an inter partes review into the validity of an Omni MedSci wearable device patent, now that there will be a separate post-grant review.

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

Expert Analysis

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

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