Intellectual Property

  • October 15, 2026

    Agtech Biz Fights Founder's Receivership Bid In Del.

    HerdDogg urged the Delaware Chancery Court on Thursday to reject its founder's request to put the agricultural technology company into receivership, arguing her current case improperly repeats claims already tossed in another lawsuit, while the founder contended the events underlying her instant petition occurred only after that previous litigation began.

  • October 15, 2026

    Norton Rose Beats $100M Suit Over Withdrawn Patent App

    Norton Rose Fulbright has defeated a former client's malpractice suit over a missed patent fee payment, after an Illinois state judge ruled that the deadline to sue began before the firm allegedly acknowledged its mistake and dismissed the company's $100 million lawsuit against the firm with prejudice.

  • October 15, 2026

    Crowell Faces DQ Bid Over AI Tool At Heart Of Client's IP Suit

    DeviantArt urged a California federal judge Wednesday to disqualify Crowell & Moring LLP from representing Evox Productions in litigation alleging multiple AI companies used Evox's copyrighted car photos to train artificial-intelligence image generators, arguing the firm "unquestionably" represented DeviantArt and has "sued its own client on behalf of another client."

  • October 15, 2026

    Medical AI Platforms Report Settlement Amid Discovery Battle

    Medical artificial intelligence startup OpenEvidence and competitors Doximity Inc. and Pathway Medical Inc. told a Massachusetts federal judge on Thursday that they have reached a settlement in principle to resolve a contentious lawsuit and counterclaim.

  • October 15, 2026

    Zoom Can't Move Ricoh Patent Suit From Delaware To Calif.

    A Delaware federal court denied Thursday a bid from Zoom Communications Inc. to move a patent infringement suit brought by Japanese camera and electronics maker Ricoh Co. Ltd. to California, ruling that keeping the case in Delaware was more convenient.

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    For 2nd Time, PTAB Won't Invalidate Claims In DNA Patent

    The Patent Trial and Appeal Board has once again found that Guardant Health couldn't show that claims in a University of Washington DNA sequencing patent that had been part of a $245 million infringement judgment were invalid.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

  • October 15, 2026

    Comcast Hit With $213M Verdict In Streaming Patent Case

    Comcast is on the hook for $213 million after a Florida federal jury found Thursday that it infringed a rival's patent for a streaming service system, years after the telecommunications giant was cleared by the judge in the middle of an earlier trial.

  • October 14, 2026

    Amazon Flags Possible Abuse In Chicago 'Schedule A' Suits

    Amazon is moving to pause court-ordered fund transfers in more than a dozen trademark cases brought against large numbers of online sellers in Chicago federal court, saying that while it's not a party to the litigation, it's investigating whether some of the lawsuits were used to obtain money the retailer previously froze for reasons unrelated to the disputes.

  • October 14, 2026

    OpenAI Tells Court Ex-Worker Took Confidential Files To Apple

    OpenAI Foundation on Wednesday alleged one of its former employees absconded with confidential files about an unreleased artificial intelligence product and gave the information to Apple Inc., asking the California federal judge overseeing Apple's nearly identical trade secret allegations for time to investigate and potentially file counterclaims.

  • October 14, 2026

    Software Patent Claims Invalidated In Google, Amazon Suits

    A California federal judge found Tuesday that claims in a pair of VirtaMove software patents are invalid, agreeing with Amazon and Google's arguments that the claims asserted against them in the infringement litigation are indefinite.

  • October 14, 2026

    Atty Sanctioned For Vulgar Emails To Opposing Counsel

    A Texas federal magistrate judge has sanctioned an attorney who serves as principal for an oil and gas exploration company locked in a trade secret misappropriation case with a rival after opposing counsel complained of his expletive-ridden emails containing ad hominem attacks.

  • October 14, 2026

    Samsung Says Rival Leans On Fabricated 'Mini LED' Definition

    Samsung moved to dismiss a competitor's suit alleging it falsely markets some of its TVs as having Mini LED technology that provides a higher-quality picture, telling a California federal judge Tuesday the plaintiff wants her to adopt a "fabricated three-part definition" for Mini LED that only exists in the complaint. 

  • October 14, 2026

    Anthropic Seeks To Dodge AI Patent Suit From U. of Tenn.

    Anthropic says it shouldn't have to face a lawsuit accusing it of infringing a pair of patents related to neural networks owned by a research arm of the University of Tennessee because its Claude artificial intelligence tool isn't covered by the patents.

  • October 14, 2026

    Samsung Settles Patent Case On Eve Of Texas Trial

    Samsung has reached a settlement with a patent-holding company claiming that certain smartphones and tablets were infringing patents covering app management before a trial was set to begin early next week in Texas.

  • October 14, 2026

    Mass. Top Court Rejects Trade Secret Harm 'Presumption'

    Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.

  • October 14, 2026

    AGs Say Character.AI Chats Must Be Protected In Ch. 11 Sale

    A group of state attorneys general told a Delaware bankruptcy judge Wednesday that protection of minors and privacy concerns need to be addressed before the company behind artificial intelligence entertainment platform Character.AI is allowed to sell its data in its Chapter 11 case.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

    A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 13, 2026

    Liquidia Settles United Therapeutics Suits With $380.7M Deal

    Liquidia will pay out $380.7 million as part of a settlement agreement with United Therapeutics Corp. that resolves six lawsuits between the pharmaceutical companies, Liquidia announced Tuesday, saying patients will continue to have access to its Yutrepia lung disease treatment that was central to litigation.

  • October 13, 2026

    Judge Probes Ex-Joe Gibbs Racing Director's Acts After Exit

    A North Carolina federal judge said she had concerns Tuesday about whether the previous competition director for Joe Gibbs Racing LLC disclosed his former employer's trade secrets to a rival team in violation of a court order placing certain restrictions on his employment.

Expert Analysis

  • 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.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • MF Doom IP Suit Highlights Hurdles For Trademark Claims

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    A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

  • 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

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    Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

  • Navigating Court Divergence On Method Claims And Venue

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    After the U.S. Supreme Court's recent Hikma v. Amarin decision putting a spotlight on the pleading standard for inducement, patent litigants must adapt to courts' differing approaches to how separate method steps affect the determination of patent venue validity, say attorneys at Weil.

  • CIPA Tech Tracking Suits Highlight Uncertain Legal Ground

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    Alexandra Samofalova at Spencer Fane discusses the state of California Invasion of Privacy Act website tracking litigation, why credible defendants choose to settle and how the businesses best positioned to face this uncertain legal landscape are the ones treating data practices as a legal compliance matter to address today.

  • Fed. Circ. In June: When Courts Can't Correct Patent Errors

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    The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

  • Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

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    In the second quarter of 2026, the U.S. Patent and Trademark Office updated its subject matter eligibility declarations in line with its increasingly permissive patent eligibility stance, while the Federal Circuit rigorously applied the Alice framework in a decision that highlighted risks facing patent claims that utilize artificial intelligence and machine learning, say attorneys at Banner Witcoff.

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