Intellectual Property

  • August 07, 2026

    CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

    CoStar is urging a California federal court to reject a bid by Commercial Real Estate Exchange Inc., or CREXi, to pause a copyright suit while CREXi asks the Ninth Circuit to undo the disqualification of its Quinn Emanuel Urquhart & Sullivan LLP attorneys, arguing the stay request is "unsupported by law."

  • August 07, 2026

    Eli Lilly Launches Attacks On Tirzepatide Generics

    Eli Lilly and Co. fired off a round of lawsuits in Delaware federal court seeking to block generic versions of its tirzepatide weight loss and diabetes medications, targeting Sandoz, MSN Laboratories and others.

  • August 07, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Cleary Gottlieb sue a former client it advised on the proposed sale of a holding company and the continuation of litigation between pharma giants Merck Sharp & Dohme and Merck KGaA over rights to the Merck name in the U.K.

  • August 06, 2026

    USPTO Leaders Reinstate Double Patenting Ax In Sanofi Case

    A panel including U.S. Patent and Trademark Office Director John Squires ruled Thursday that a Sanofi patent application must be rejected for double patenting, but questioned whether the rationale for the decision risks harming innovation and should be reconsidered by the Federal Circuit.

  • August 06, 2026

    OpenAI Fights To Toss Apple's 'Rotten' Trade Secret Theft Suit

    OpenAI urged a California federal judge on Wednesday to toss Apple Inc.'s high-stakes trade secret theft lawsuit, arguing that the claims are premised on false characterizations and speculation, and "Apple's complaint is — to borrow its own phrase — 'rotten to its core.'"

  • August 06, 2026

    Sherwin-Williams Unable To Can Co.'s Fireproof False Ad Suit

    Sherwin-Williams must face claims it falsely advertised its Firetex coating as being able to achieve substantial fire resistance in fewer coats than rival brands' products, causing a competitor's sales to slump, a Missouri federal judge ruled, saying the paint giant's marketing was not mere puffery.

  • August 06, 2026

    NYT, Daily News Blocked From Recasting Some AI Claims

    A New York federal judge shot down bids from the New York Times and New York Daily News to amend their contributory infringement claims against Microsoft Corp. in a suit alleging that copyrighted content was used to train artificial intelligence.

  • August 06, 2026

    Judge Certifies Disney 'Toy Story 3' TM Fight For Appeal

    A California federal judge has certified for interlocutory appeal a ruling refusing to dismiss trademark claims over the "Toy Story 3" character Lotso, saying the long-running case raises an unresolved question about whether corporate affiliates' merchandising can deprive movie distributors of First Amendment protection for a character name used onscreen.

  • August 06, 2026

    Ohio Judge Tosses DSW Suit Against Sony In Copyright Fight

    An Ohio federal judge has tossed shoe retailer DSW's suit seeking an order that it doesn't infringe Sony Music Entertainment's copyrights, finding it was an anticipatory filing that has to yield to Sony's own infringement suit in California.

  • August 06, 2026

    ITC Blocks Altria Infringement Theory In Juul Vape Case

    The U.S. International Trade Commission has upheld a judge's ruling that Altria cannot raise its primary infringement theory in a vape patent case against rival Juul Labs, finding that the issue had already been resolved in a prior case where the ITC cleared Juul on different patents.

  • August 06, 2026

    Judge OKs $35M Teva Deal In Delayed Generic Inhalers Suit

    A Massachusetts federal judge has approved an antitrust settlement that will see Teva Pharmaceuticals pay $35 million to resolve claims that it schemed to delay generic competition for its QVAR asthma inhalers.

  • August 06, 2026

    2025 Patent Litigation: A Year In Review

    The number of patent infringement lawsuits soared in 2025 as patent owners saw their fortunes change at the Patent Trial and Appeal Board, where petitioners filed significantly fewer America Invents Act challenges. Meanwhile, most patent infringement suits were brought in the Eastern District of Texas, which had considerably more filings than the Western District.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Deal Reached In Jump Starter Patent Case On Eve Of Trial

    A settlement was reached in The Noco Co.'s patent suit against Winplus North America Inc. over portable battery jump starters that was set for trial on Friday, but Noco told the court Wednesday that it still intends to appeal a summary judgment ruling in the case.

  • August 05, 2026

    Takeda Says Rebates, Subsidies Cut $885M IBS Drug Verdict

    Takeda Pharmaceuticals battled with a class of health plans over whether a Massachusetts federal jury's $885 million antitrust verdict against the drugmaker for conspiring to delay generic competition to anticonstipation drug Amitiza should be reduced by rebates the drugmaker paid and Medicare subsidies that reduced the health plans' costs.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Judge Tosses 'Free' Wi-Fi Calling Fraud Claim Against Carriers

    A D.C. federal judge blasted a Wi-Fi-calling patent holder's antitrust and RICO suit against the major telecom carriers in court Wednesday, dismissing claims that the carriers misled consumers about their Wi-Fi calling offerings, but he did give the plaintiff a chance to refile its antitrust complaint.

  • August 05, 2026

    Shipcom Says Navy Sub Worked Outside Approved Orders

    Shipcom Federal Solutions LLC asked a Texas federal court to toss a lawsuit seeking to recover nearly $4.6 million for products and services delivered for a U.S. Navy project, saying its subcontractor is attempting to escape responsibility for its own actions.

  • August 05, 2026

    Graphic Designer Agrees To End $31M Brewery Logo Suit

    A long-running dispute over the ownership of Atlanta-based SweetWater Brewing's leaping trout logo came to an end Wednesday, with the logo's creator agreeing to drop his suit alleging the brewery continued using it without permission after a $366 million acquisition by Aphria Inc. in 2020.

  • August 05, 2026

    Judge Backs Magistrate Judge's Order On 3rd-Party NIL Deals

    A California federal judge said she won't reverse a magistrate judge's decision rejecting a bid by college athletes seeking to limit oversight of third-party name, image and likeness deals under their landmark $2.78 billion class settlement with the NCAA.

  • August 05, 2026

    Aetna, Others Hit Pharma Cos. With Xifaxan Pay-To-Delay Suit

    Health insurance companies Aetna Inc., Health Care Service Corp. and Molina Inc. have sued multiple pharmaceutical companies in Pennsylvania state court in Pittsburgh, alleging that the defendants conspired to delay the release of generic versions of the irritable bowel syndrome drug Xifaxan, in violation of antitrust laws.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef

    A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • Celebs May Need Federal Protection To Fight Voice Deepfakes

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    Deepfakes and digital replicas are increasingly misappropriating celebrities' voices for commercial purposes, but unless federal right of publicity protections are developed, celebrities are left to rely on ill-equipped trademark and state law, say attorneys at Brown Rudnick.

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Defense Patent Holiday's Real Prize May Be Collab Potential

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    The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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