Intellectual Property

  • May 12, 2026

    Commerce Details Path To Discount For 100% Pharma Tariff

    The U.S. Department of Commerce released guidance for pharmaceutical companies looking to show they have made sufficient onshoring commitments to qualify for a discount on the 100% tariff on certain imported drugs coming this summer.

  • May 12, 2026

    NCAA Wants Final Whistle On 1983 Team's Appeal Of NIL Suit

    The National Collegiate Athletic Association urged North Carolina justices to keep out of bounds a name, image and likeness lawsuit from members of a 1983 North Carolina State University championship basketball team, arguing that a lower court was right to find the suit several decades expired.

  • May 12, 2026

    Viewing Seed Genetic Material Not Patent Infringement: DOJ

    The U.S. Department of Justice's Antitrust Division waded into a private patent infringement lawsuit Monday, telling a Delaware federal court that just "reading" a patent, or viewing and sequencing the genetic material that must be submitted for the seed patents at issue, can't on its own count as infringement.

  • May 12, 2026

    Fox Rothschild Adds Trial Partner From Nelson Mullins In Fla.

    Fox Rothschild LLP has expanded its litigation department in West Palm Beach, Florida, with a new partner from Nelson Mullins Riley & Scarborough LLP.

  • May 12, 2026

    JAMS Launches Alternative Dispute Resolution Tech Group

    Alternative dispute resolution provider JAMS announced Tuesday the launch of a technology industry group to address disputes regarding new innovations such as artificial intelligence, digital assets and biotechnology.

  • May 12, 2026

    Impossible Foods Stuck With Atty Fees After $3.25M TM Loss

    A California federal judge has held that Impossible Foods owes attorney fees after lifestyle brand Impossible X won a $3.25 million verdict in the parties' trademark dispute, but she refused to boost the jury's award.

  • May 12, 2026

    Atty Urges Texas Justices To Restore Trade Secret Damages

    A Houston personal injury lawyer is asking the Texas Supreme Court to reinstate millions in damages he was awarded in a dispute with another attorney over misappropriation of trade secrets, arguing that a lower appellate court decision could allow others to steal private information without consequence.

  • May 11, 2026

    Ye Use Of Song Was 'Test Drive,' Not Infringement, Jury Told

    Counsel for Ye defended the rapper during closing arguments in a copyright infringement trial Monday, telling a Los Angeles jury that Ye's alleged unauthorized use of a sound recording in an early version of his Grammy-winning song "Hurricane" was merely a "test drive," and that he ultimately went in a different direction.

  • May 11, 2026

    Microsoft CEO Defends Role In OpenAI's Rehiring Of Altman

    Microsoft CEO Satya Nadella testified Monday in a California federal jury trial over Elon Musk's challenge to OpenAI's for-profit conversion, denying that he demanded OpenAI's board reinstate ousted CEO Sam Altman while acknowledging that he offered to pay up to $29 billion to bring Altman and others to Microsoft.

  • May 11, 2026

    Zillow Aims To Tear Down CoStar's Property Photo Rights Suit

    Zillow urged a Seattle federal judge to throw out a mass copyright lawsuit from rival CoStar over tens of thousands of property photos, arguing that its automated handling of user-uploaded images does not constitute infringement.

  • May 11, 2026

    Fed. Circ. Clears Redesigned Vacuums In Bissell Patent Row

    The Federal Circuit on Monday upheld a decision by the U.S. International Trade Commission barring imports of some Tineco wet-dry vacuums found to infringe Bissell patents, while clearing redesigned products, as arguments by both sides challenging those findings fell flat.

  • May 11, 2026

    5th Circ. Wary To Flip IP Suit's 'Case-Terminating Sanctions'

    A Fifth Circuit panel seemed skeptical of a bid to undo "case-terminating sanctions" that a lower court leveled against a servicing company accused of stealing Philips North America LLC's trade secrets, saying Monday that the company admitted to deleting some files to cover its tracks.

  • May 11, 2026

    Microsoft Settles Supercomputer Patent Case Before Trial

    A German company has agreed to end its patent suit against Microsoft Corp. over artificial intelligence supercomputer technology, about a month before a federal trial was set to start in the infringement case in Texas.

  • May 11, 2026

    Perplexity Pushes Bid To Toss Reddit Data-Scraping Claims

    Artificial intelligence startup Perplexity AI Inc. has told a New York federal court that Reddit Inc.'s amended claims that its content was used illegally to train AI models should be dismissed because they still fail to show that Reddit holds copyrights on the "vast majority" of that content.

  • May 11, 2026

    Split Fed. Circ. Fully Voids Railway Safety Patents

    The Patent Trial and Appeal Board properly invalidated the entirety of a rail safety patent challenged by Siemens but erred in upholding part of a second patent, the Federal Circuit held on Monday.

  • May 11, 2026

    Pharma CEO's Role In Ex-Exec's Contract Permits Deposition

    North Carolina's business court has refused to shield the CEO of biopharmaceutical firm United Therapeutics Corp. from being deposed in a trade secrets lawsuit against a former executive and his new employer, finding it reasonable to believe she was an "ultimate decision-maker."

  • May 11, 2026

    Copyright Office Sued Over Rejection Of AI 'Starry Night' Art

    An artist behind a yearslong fight to register his artificial intelligence-generated artwork with the U.S. Copyright Office has sued the agency in California federal court, challenging its refusal to register the image inspired by Vincent van Gogh's "The Starry Night" — the latest action in a closely watched debate over whether copyright protection should extend to works created with AI. 

  • May 11, 2026

    Packaging Co. Wins 2nd Block On Rival's Insulated Container

    A cold storage packaging company has won a second injunction barring a rival manufacturer from selling an insulated shipping container that allegedly infringes its patents, according to a North Carolina federal judge's order.

  • May 11, 2026

    Plastics Co. Wants Inequitable Conduct Ruling Undone

    A plastic packaging company has asked a Massachusetts federal judge to undo a ruling that five of its food packaging patents were unenforceable due to inequitable conduct, saying the judge's reasoning contained "manifest factual and legal errors."

  • May 11, 2026

    Biggie Smalls Trust & Widow Clash Over LLC Stake In Del.

    Counsel for a trustee tied to the late musician Notorious B.I.G.'s mother told the Delaware Court of Chancery on Monday that the rapper's widow, Faith Evans, cannot treat the trust as a member of the company controlling the rapper's intellectual property when it helps close an asset sale, then deny that status when distributions come due.

  • May 11, 2026

    5th Circ. Reverses Injunction In $4.7M Golf Cart TM Dispute

    The Fifth Circuit has rejected a challenge to a Texas federal court's award of $4.7 million to a golf cart battery maker in a trademark infringement lawsuit but found that an injunction in the case was too broad and had to be reassessed.

  • May 11, 2026

    Fed. Circ. Won't Rehear NASA Contractor Patent Fight

    The Federal Circuit declined to reconsider its ruling siding with a district court's decision to grant summary judgment to a NASA contractor over claims the contractor infringed a rotary wing vehicle patent owned by two California brothers.

  • May 11, 2026

    Crypto Card Co. Says Counterfeit Scheme Supports RICO

    A cryptocurrency trading card company said its claims against a man accused of selling counterfeit versions of its cards were sufficiently pled and aren't frivolous in a response brief filed Friday urging a Colorado federal judge to deny the seller's motion to dismiss.

  • May 11, 2026

    Bain-Linked Unit Accuses Sellers Of Secret Deals In TM Suit

    A Bain Capital portfolio company that manufactures hand and power tools has accused its distributors of making backdoor deals with unauthorized resellers to peddle trademarked products on online marketplaces such as Amazon without approval.

  • May 11, 2026

    Fed. Circ. Backs Atty Fee Ruling In Bone Fusion Patent Row

    The Federal Circuit on Monday backed a lower court that awarded $52,573 in attorney fees for Nextremity Solutions Inc.'s defense against a bone fusion patent suit and shot down Nextremity's bid for $343,660 in fees incurred at the Patent Trial and Appeal Board.

Expert Analysis

  • 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.

  • How 2 Decisions Reframed Witness-Centered Trials

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    The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

  • Why The Road To Final Four Runs Through The Courthouse

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    As universities navigate a new college sports landscape in which courts decide eligibility, injunctions shape rosters and contract precision determines competitive stability, they should professionalize their NIL contracting, plan for emergency relief, and prepare for eligibility and damages disputes, say attorneys at Seyfarth.

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Winter Olympics Put The Spotlight On IP Issues

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    This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

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