Intellectual Property

  • November 06, 2026

    Judge Kewalramani Warns Against Taking Sanctions Lightly

    Retired U.S. Magistrate Judge Shashi Kewalramani on Friday cautioned patent attorneys to be extremely discerning when filing sanctions motions, comparing it to crying "fire" in a crowded room.

  • November 06, 2026

    Grok Draws 3 Copyright Suits Over AI Training With Books

    The companies behind the artificial intelligence model Grok were hit with three copyright infringement lawsuits from two publishers and a group of authors alleging their books were pirated for use in AI training.

  • November 06, 2026

    Netlist Brings ITC, Calif. Patent Complaints Against Kingston

    Netlist has accused Lenovo, Kingston Technology Corp. and others of infringing various flash memory patents at the U.S. International Trade Commission, the same day it lodged a complaint against Kingston in California federal court.

  • November 06, 2026

    Agtech Co. Beats Its Founder's Receiver Bid In Del. Court

    The Delaware Chancery Court has recommended dismissing with prejudice a founder's bid to put agricultural technology company HerdDogg Inc. into receivership, finding her insolvency allegations unsupported and that her claims largely repeated a dismissed Colorado federal lawsuit.

  • November 06, 2026

    Reed Cleared In Monolithic Power Converter Patent Verdict

    A Delaware federal jury on Friday cleared Reed Semiconductor in a suit accusing it of infringing a pair of Monolithic Power Systems Inc. patents relating to semiconductor technology, although jurors refused to find the claims invalid.

  • November 06, 2026

    Dem Takeover Points To Reset On College Sports Legislation

    The looming Democratic takeover of both congressional chambers signals doom for quick action on college sports oversight, with a crowded calendar and the new majority's wishes to reshape the legislation emerging as roadblocks to a Senate-approved bill.

  • November 06, 2026

    Ga. Chemical Co. Strikes Deal In 'StarChem' Trademark Suit

    Georgia-based chemical company StarChem has reached a tentative deal in its trademark suit against a Florida company and a Chinese chemical supplier, both of whom have "StarChem" in their names, according to a federal court filing.

  • November 06, 2026

    Orrick Hires Fenwick Partner To Expand TM Practice In NY

    Trademark attorney Mark Jansen has joined ​Orrick Herrington & Sutcliffe LLP as a partner in New York after 15 years at Fenwick & West LLP, Orrick has announced.

  • November 06, 2026

    NYT Blocks 'Worldle' TM Bid Over Confusion With 'Wordle'

    The New York Times Co. has blocked a bid to register "Worldle" as a trademark for online games after the Trademark Trial and Appeal Board found that it was likely to cause confusion with the newspaper's "Wordle" trademark.

  • November 06, 2026

    GSK, Moderna End COVID Vaccine Patent Fight In Delaware

    GlaxoSmithKline and Moderna dismissed two Delaware federal patent suits Friday over Moderna's COVID-19 and respiratory syncytial virus vaccines, following a broader settlement in which the companies agreed to license patents to each other.

  • November 06, 2026

    Pepsi Urges High Court To Leave TM Strength To Judges

    PepsiCo Inc. has asked the U.S. Supreme Court to reject an appeal from a coffee company that wants the justices to overrule a Second Circuit order allowing judges to decide the strength of trademarks, saying the question of trademark strength was a "quintessentially legal" one best left to judges.

  • November 06, 2026

    IP Atty Reaches Deal To End FCA Suit Over Apriso Patent

    An intellectual property attorney has entered a settlement to resolve his False Claims Act suit against the pharmaceutical company Bausch alleging it fraudulently obtained a patent to block the production of a generic ulcerative colitis medication, Apriso.

  • November 06, 2026

    Dutch Court Revives Software IP Case Amid Parallel US Feud

    A Dutch court has restarted a software company's intellectual property dispute with a rival, ruling that the existence of parallel proceedings in the U.S. no longer justifies putting the case on hold.

  • November 06, 2026

    Quant Trader Denies Using Stolen Recipe At Code Theft Trial

    A California quant trader accused of stealing billion-dollar code from his former employer argued to a New York federal jury Thursday that he did not use any secret recipe at a new venture, denying trade secrets theft charges.

  • November 05, 2026

    What To Know About Litigating IP Before Judges Davis, Wolfe

    U.S. District Judges Andrew Davis and Christopher Wolfe are still navigating their first forays into patent law now that they've joined the Western District of Texas, but they provided insight to patent attorneys Thursday on how they'll be handling their dockets.

  • November 05, 2026

    Kartri Infringed Curtain Patents But Not Willfully, Judge Rules

    A New York federal judge on Thursday let stand a ruling that a shower curtain distributor infringed patents for hookless curtains, but determined that the infringement was not willful and cleared the curtains' manufacturer of infringement, more than a year after the Federal Circuit overturned a $4 million judgment against them.

  • November 05, 2026

    Judge Albright's Do's And Don'ts For Patent Trials

    Two months after former ​U.S. District Judge Alan Albright returned to private practice, he regaled a room of attorneys at the University of Texas School of Law on Thursday with lessons from his time on the bench.

  • November 05, 2026

    In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

    The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

  • November 05, 2026

    WB Must Face Claims 'The Pitt' Violates 'ER' Rights Deal

    Warner Bros. Television cannot dodge a lawsuit alleging it breached a decades-old agreement with late author Michael Crichton by producing the hit medical drama "The Pitt," a California appeals court ruled, saying the suit adequately alleges the series could be considered a derivative work of the earlier hit series "ER."

  • November 05, 2026

    Examiner Attrition Threatens USPTO Backlog Push, GAO Says

    Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

  • November 05, 2026

    ITC Issues Fish Tape Import Ban Against Milwaukee Electric

    The U.S. International Trade Commission has issued an import ban on glow fish tape sold by Milwaukee Electric Tool, following an administrative law judge's decision earlier this year that cleared the company of claims alleging it infringed Klein Tools' patents but found Milwaukee's safety helmet system was violating another Klein patent.

  • November 05, 2026

    Fed. Circ. Backs Google PTAB Losses In VR Fight

    The Federal Circuit on Thursday upheld Patent Trial and Appeal Board rulings that Google LLC failed to show that some claims in a trio of virtual reality patents it was accused of infringing in California were invalid.

  • November 05, 2026

    Netflix Faces Revamped 'Baby Reindeer' Defamation Suit

    A Scottish attorney who claims her life was ruined by her allegedly inspiring a character in the Netflix series "Baby Reindeer" has added to her allegations that she was defamed by the series, saying Netflix knew the story was fictional but presented it as true and the court should revive some of her dismissed claims.

  • November 05, 2026

    Ex-Sales Leader Violated 'Secrecy' Pact, J&J Ortho Unit Says

    Johnson & Johnson's orthopedic device unit DePuy Synthes alleged in New Jersey federal court that a former national sales leader's move to a rival violates several of his employment agreements, asking the court to order expedited discovery and block him from contacting any of its customers.

  • November 05, 2026

    Research Firm Sues To Enforce Ex-Analyst's Noncompete

    Advisory firm Forrester Research says a former principal analyst violated a decade's worth of noncompete and other provisions in employment and stock award agreements to jump to a vice president role at a direct competitor, then tried to hide his new position for months.

Expert Analysis

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

  • How Analytical Advances Reshape Biologic Patent Strategy

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    As regulators shift away from relying on comparative clinical efficacy studies in biosimilar development, and more toward analytical data, practitioners should pay closer attention to post-translational modifications when evaluating patentability, says Gina Nellesen at Global Patent Group.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • How Groq-Nvidia Suit Tests Venture Capital Exit Math

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    A recent Delaware Court of Chancery suit concerning Nvidia's acquihire of certain Groq employees highlights that when such deals are challenged, the economic dispute turns on reconciling technology, people, cash and continuing ownership rather than on the headline number, says Ben Dubin at VC Expert Services.

  • A Lesson On How Courts Approach Impossible Patent Claims

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    The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • Patent Suits Highlight Risks Across Data Center Supply Chain

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    Recent patent disputes involving technologies that support artificial intelligence data centers showcase the growing litigation risks that data center suppliers and operators face, and raise questions about how litigation responsibilities may be allocated between them, say attorneys at Katten.

  • The Patent Circuit: Minding Patents' Family Histories

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    The Federal Circuit's recent decision in Epic Tech v. Pen-Tech highlights the relevance of patent families in determining whether to maintain an ongoing patent infringement litigation, and the sanctions risk that may stem from failing to account for patent relatives, say attorneys at Knobbe Martens.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • Reggaeton Dispute Tests Boundaries Of Musical Rhythm IP

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    Browne v. Donalds, a music copyright dispute currently pending in California federal court, may set significant precedent for whether a foundational musical rhythm or style can be owned and exclusively controlled through copyright law, says Jameel Diaz at Omnus Law.

  • Risk Management Tips For Cos. Deploying Open-Weight AI

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    While many enterprises building out their artificial intelligence strategies are considering open-weight models, the Open-Source AI Leadership Act and accompanying congressional oversight letters to prominent tech and consumer companies signal that opportunity and legal risk are being discovered and evaluated on the same timeline, say attorneys at Cooley.

  • How To ID And Respond To 5 Types Of Misleading Witnesses

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    Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.

  • 3 Eligibility Rulings Show Risks Of Broad Claim Constructions

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    Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.

  • Online Presence Complicates Defamation's Public Figure Test

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    Recent defamation cases demonstrate that online presence can affect how courts distinguish between public and private figures, so litigants should consider several questions when evaluating potential claims and defenses where public figure status may affect the litigation, such as whether there is a connection between the plaintiff's public activities and the alleged defamation, say attorneys at Brown Rudnick.

  • Mass. High Court Raises Bar For Trade Secret Injunctions

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    The Massachusetts Supreme Judicial Court's recent decision in Daikin v. Russo confirms that trade secret plaintiffs must prove irreparable harm under ordinary equitable principles when seeking a preliminary injunction, putting an end to potential theories of automatic presumption, says Gregory Bombard at Greenberg Traurig.

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