Intellectual Property

  • June 16, 2026

    Midjourney Faces Discovery Limits Into Studios' AI Use

    A California federal magistrate judge Monday ordered Disney, Universal and Warner Bros. to produce some data on their own use of artificial intelligence in the studios' copyright lawsuit against Midjourney, finding that some requested information is appropriate, but Midjourney's broader requests are irrelevant or shielded under work product privileges.

  • June 16, 2026

    FIFA Mural Suit, Other Fights Showcase 'Obscure' Art Law

    As soccer heavyweights and underdogs square off in the FIFA World Cup, the sport's worldwide governing body is staring down a suit claiming the organization destroyed a mural and violated a unique intellectual property protection that has a history of thwarting the removal of public pieces of art.

  • June 16, 2026

    THC Drink Co. Hid Auto-Renewal Fee, Calif. Suit Claims

    The maker of cannabis-infused beverage Brez intentionally concealed automatic renewal terms on its website in "small" gray font in order to charge an online shopper a recurring $54.21 subscription fee, according to a Los Angeles County lawsuit, which will be getting a new judge, according to a Monday order.

  • June 16, 2026

    Eli Lilly Settles Mounjaro TM Suit Against Seattle Area Clinics

    Eli Lilly has agreed to drop a lawsuit accusing two Washington clinics of ripping off its trademarks for the weight loss drugs Mounjaro and Zepbound, according to a voluntary dismissal motion filed in federal court on Monday, almost two weeks after a judge rejected a resolution proposed by the parties. 

  • June 16, 2026

    Amazon Says YouTubers' DMCA Suit Rests On 'Guesswork'

    Amazon has urged a Seattle federal court to toss three YouTube creators' proposed Digital Millennium Copyright Act class action that accuses the e-commerce giant of scraping millions of copyright-protected videos to train its generative artificial intelligence model Nova Reel, saying the YouTubers' failure to link it to certain datasets makes their allegations "entirely speculative."

  • June 16, 2026

    Del. Judge Won't Touch Jury's $83M Diagnostics IP Verdict

    A Delaware federal judge on Tuesday upheld a jury's 2023 verdict finding that Guardant Health Inc. should pay TwinStrand Biosciences Inc. $83.4 million for willfully infringing diagnostic patents, refusing to overturn or enhance the award.

  • June 16, 2026

    Justices Asked To Revive $77M In Trade Secret Damages

    Plastics manufacturer Trinseo Europe GmbH has asked the U.S. Supreme Court to restore a verdict of more than $77 million that it won stemming from trade secret misappropriation allegations against a former Dow Chemical Co. employee and engineering firm KBR, saying the Fifth Circuit went against precedent when it endorsed an approach to damages that "is the antithesis of flexible."

  • June 16, 2026

    Game-Maker Seeks $13.5M Over Alleged Counterfeits

    The maker of Fusion skill game platforms has accused a Philadelphia route operator and his company of selling hacked and counterfeit versions of its game systems on eBay and Facebook Marketplace, alleging in a federal lawsuit that the knockoffs duplicate its copyrighted artwork and registered trademarks.

  • June 16, 2026

    ITC To Review Hoverboard Patent Infringement Decision

    The U.S. International Trade Commission said Tuesday that it will review portions of an administrative law judge's decision finding two companies infringed two Razor USA LLC patents for self-balancing hoverboards.

  • June 16, 2026

    Judge Allows Pfizer, Moderna Defenses In GSK Vax IP Dispute

    A Delaware federal judge on Tuesday permitted Pfizer and Moderna to move ahead with their arguments that GlaxoSmithKline patents the company claims are infringed by the COVID-19 vaccines are unenforceable because of an unreasonable delay in obtaining them.

  • June 16, 2026

    'Peanuts' Copyright Gag In Colbert Finale Ends In Donation

    The steward of the "Peanuts" television and film music catalog announced Tuesday it will donate the proceeds of a licensing agreement with CBS after Stephen Colbert's band "illegally" played the "Linus and Lucy" tune as a gag in the final broadcast of "The Late Show."

  • June 16, 2026

    Book Publishers Want WeLib 'Shadow Library' Dismantled

    A group of large book and text publishers is suing to dismantle WeLib, an online "shadow library" that the publishers said was built off the "notorious pirate site" Anna's Archive.

  • June 16, 2026

    Carnegie Mellon, LSI Settle Ahead Of Memory Patent Trial

    Carnegie Mellon University has settled patent infringement claims it brought against an indirect subsidiary of Broadcom Inc. related to memory storage technology.

  • June 16, 2026

    Monolithic Wins Bid To Send Patent Case From WDTX To Calif.

    A Texas federal judge has shipped a suit accusing Monolithic Power Systems of infringing a power conversion patent to California, finding that neither the power management parts maker nor the patent owner is based in Texas.

  • June 16, 2026

    Ex-Wine Exec Says Privilege Covers Atty Emails With Spouse

    The former president of a company connected to the Josh Cellars wine brand says his attorney's messages to his wife are privileged because she participated in the communications as his "agent," a characterization the company appeared poised to dispute as the parties approach a $4 million trademark royalties trial.

  • June 16, 2026

    4th Circ. Turns Down Bacardi Challenge To Rum TM Renewal

    The Fourth Circuit on Tuesday rejected Bacardi's challenge to the U.S. Patent and Trademark Office's renewal of a Cuban company's expired trademark registration for Havana Club rum, finding a retroactive approval to pay the registration fee to be valid.

  • June 16, 2026

    Software Co. Says Exec Is Taking Trade Secrets To Rival

    Software company EnterpriseDB asked a Massachusetts judge to stop a former vice president from jumping to competitor Couchbase, citing both a noncompete agreement and evidence that he downloaded hundreds of documents prior to his departure.

  • June 16, 2026

    These Firms Secured The Most Damages In The Last 3 Years

    Government lawyers had a strong success rate in federal courts over the last three years, but intellectual property litigation saw certain firms secure damage awards worth hundreds of millions of dollars for clients, according to Lex Machina's Law Firms Activity Report 2026 released on Tuesday.

  • June 15, 2026

    Tyra Banks Sues Netflix For 'False Narrative' In 'Top Model' Doc

    Tyra Banks has filed a defamation suit against Netflix, which she said constructed a "false narrative" in its docuseries about the supermodel's hit television show "America's Next Top Model," including suggesting that a young woman on the show was sexually assaulted and Banks did nothing.

  • June 15, 2026

    Newman's Appeal Loss Shows Limits On Suspension Reviews

    The U.S. Supreme Court's rejection on Monday of Federal Circuit Judge Pauline Newman's appeal in the long-running dispute over her suspension made clear that the available routes to challenge such orders are narrow, and spurred critics to contemplate ways to revise the system.

  • June 15, 2026

    Cognizant, Infosys Can't Shield Execs From Depositions

    Infosys Ltd. and Cognizant TriZetto Software Group Inc. will each have to produce executives to speak on certain topics for depositions in a Texas federal lawsuit over claims that Infosys stole Cognizant's trade secrets to build a competing healthcare software, a special master ruled Monday.

  • June 15, 2026

    Squires Rejects 7 AIA Cases, Explains Earlier Tesla Decision

    U.S. Patent and Trademark Office Director John Squires has granted five patent challenges and rejected seven others, and he also issued a decision Monday explaining why he allowed a group of Tesla petitions to go ahead to the merits stage of review.

  • June 15, 2026

    Fed. Circ. Declines To Revive Medmix's Dentistry Patent

    The Patent Trial and Appeal Board didn't err when invalidating claims of a Medmix Switzerland AG patent used in the dentistry industry, the Federal Circuit said Monday.

  • June 15, 2026

    Judge Tosses XAI Trade Secret Case Against OpenAI

    A California federal judge on Monday dismissed xAI Corp.'s trade secret lawsuit against OpenAI without leave to amend, finding that despite updating its complaint once previously, the company still failed to plausibly allege that OpenAI knowingly obtained or used confidential information from former xAI employees.

  • June 15, 2026

    CareFirst Says Intent Standard Was Misread In Stelara Case

    CareFirst is arguing that a Virginia federal judge created a new standard for monopolization claims when he dismissed claims from the company's antitrust suit challenging Johnson & Johnson's protection of its immunosuppressive drug Stelara, arguing he misread a Fourth Circuit decision in ruling that monopolization requires a showing of specific intent.

Expert Analysis

  • USPTO's AI Search Pilot May Reshape Patent Filing Strategy

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    The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

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    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Human Authorship Is Still Central To Copyright Eligibility

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    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

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