Intellectual Property

  • 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.

  • May 19, 2026

    After Feds' Input, Gilstrap Denies Injunction In $445M IP Case

    U.S. District Judge Rodney Gilstrap on Monday rebuffed Collision Communications Inc.'s bid for an injunction blocking Samsung Electronics Co. Ltd. from selling products that a jury said were infringing in a $445 million verdict in a case that the federal government used to argue for broader use of injunctions in patent suits.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Winston & Strawn IP Litigator Jumps To Faegre Drinker In SF

    Faegre Drinker Biddle & Reath LLP has announced it grew its intellectual property group in San Francisco with a new partner from Winston & Strawn LLP who has a computer engineering background.

  • May 19, 2026

    Groq, Doctor Strike Deal To End 'Groq Health' TM Suit

    Silicon Valley chipmaker Groq has reached a settlement to end a trademark infringement case it brought in New York federal court against an endocrinologist with a similarly named company.

  • May 18, 2026

    USPTO Data Error Kept Patent Assignment Files From Public

    U.S. Patent and Trademark Office data indicates the office mistakenly kept hundreds of thousands of records of patent ownership transfers from becoming public for years, according to researchers who analyzed the files, an error that experts say could cause complications for anyone who relied on the incomplete data.

  • May 18, 2026

    Judge Won't Apply Foreign Court Orders To NY Stoli TM Fight

    A Manhattan federal judge has ruled that a Russian state-owned company fighting with U.S.-based distributors over the trademark rights to Stolichnaya vodka cannot stop the distributors from repeating arguments that had been rejected by Dutch and Russian courts.

  • May 18, 2026

    Squires, Stewart Zero In On PTAB's Burden Of Proof At Panel

    The leaders of the U.S. Patent and Trademark Office on Monday asked intellectual property experts to wade into debates over the Patent Trial and Appeal Board, focusing in part on whether switching to a stricter burden of proof would address disparate outcomes between the board and district court.

  • May 18, 2026

    Judge Awards $12.9M, Injunction In E-Bike Patent Case

    A Texas federal judge on Monday found that two Chinese electric motorcycle companies owe nearly $13 million for infringing a design patent owned by a rival manufacturer and issued a rare permanent injunction.

  • May 18, 2026

    P-Funk Founder Sues UMG For $1.1M In Frozen Royalties

    Parliament-Funkadelic frontman George Clinton filed suit Friday in Michigan federal court alleging that music industry giant UMG has illegally withheld more than $1.1 million in royalty payments because of a separate lawsuit pending between Clinton and the estate of Clinton's keyboardist in the U.S. Court of Appeals for the Sixth Circuit.

  • May 18, 2026

    Health Co. Wants Kirkland Off IP Case For 'Cardinal Sin'

    A healthcare company suing medical technology company Commure Inc. over alleged trade secret theft has said Kirkland & Ellis LLP should be disqualified from representing Commure because the healthcare company had tried to retain Kirkland prior to filing the suit and shared confidential information before anyone asked who the defendant was going to be.

  • May 18, 2026

    MIT Accuses Microsoft Of Infringing Patents In Cloud Network

    The Massachusetts Institute of Technology hauled Microsoft Corp. into Texas federal court, accusing the technology company of infringing a pair of the university's patents related to "physical unclonable function" technology to secure the company's cloud services.

  • May 18, 2026

    Train Co.'s Claim Construction Dodge Ended IPRs

    Westinghouse Air Brake Technologies Corp.'s attempt to rely on other parties' claim constructions doomed its challenges to Railware Inc. railway traffic control patents, according to U.S. Patent and Trademark Office Director John Squires.

  • May 18, 2026

    Full Fed. Circ. Won't Touch $71M Christmas Tree Patent Ruling

    The full Federal Circuit on Monday rejected Polygroup Ltd.'s request to rethink a panel decision affirming a $71.4 million judgment against it for infringing competitor Willis Electric Co. Ltd.'s artificial pre-lit Christmas tree patent.

  • May 18, 2026

    Calif. High School Athletes Say State's NIL Ban Exploits Them

    High school athletes told a California federal judge that state regulations unfairly limit their name, image and likeness opportunities, contrary to the state governing body's claim that the rules exist to protect amateurism and keep transfers reasonable.

  • May 18, 2026

    Former USPTO Directors Diverge On Patent Injunctions

    The debate over the role of injunctions in patent cases remains active in the U.S., and European leaders shouldn't think that there is a "consensus" in the country, said former U.S. Patent and Trademark Office Director Kathi Vidal.

  • May 18, 2026

    Game Co. Seeks Damages Boost To $1.4B In False Ad Case

    A mobile game company that won a $420 million jury verdict in April against a rival over its use of bots and representations that its games relied on skill has urged a New York federal judge to order an increased disgorgement of $1.4 billion, arguing it was "hard to imagine a civil case with a worse defendant."

Expert Analysis

  • 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.

  • 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.

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