Intellectual Property

  • 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 19, 2026

    Asus Resolves Patent Case Involving Rare Injunction Request

    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 litigation that includes a case between one pool member and an Asus unit in which the pool was seeking a rare request for a permanent injunction on standard essential patents.

  • 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.

  • 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.

Expert Analysis

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • DTSA Data Shows Hidden Value Of Ex Parte Seizure Filings

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    Ten years of Defend Trade Secrets Act data indicate that although there is a low success rate for civil seizure applications, intellectual property litigators should continue filing them anyway in order to better their odds of obtaining other provisional relief, say attorneys at Reed Smith.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

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    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

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    In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Exploring The Legal Gray Area Around AI Voices In Music

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    The growing prevalence of AI music on online platforms highlights unique legal questions and ambiguities surrounding the usage of artificial intelligence to create accurate voice clones of existing singers, says Michael Maicher at Volpe Koenig.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Framing AI Risk Management In The Art World

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    With gallery professionals indicating a widening gap between operational adoption of artificial intelligence and cultural acceptance of AI as an art medium, certain intellectual property, privacy and governance considerations are becoming critical for art industry stakeholders, say attorneys at Holland & Knight.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

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