Intellectual Property

  • May 12, 2026

    Copyright Chief Says Cox Ruling Merits Congressional Action

    The leader of the U.S. Copyright Office, Shira Perlmutter, told senators Tuesday they may need to respond to the U.S. Supreme Court's March decision that narrowed contributory liability for internet service providers, saying the ruling "left a bit of a hole in the law."

  • May 12, 2026

    USPTO Touts Fraud Crackdown In Patent, TM Applications

    The U.S. Patent and Trademark Office said Tuesday the agency is taking steps to combat fraudulent representations and invalid filings in trademark and patent applications, saying it had purged thousands of applications in the last fiscal year.

  • May 12, 2026

    AliveCor Wants Apple Health Monitor Patent Claims Tossed

    A medical software company has told a California federal court that claims in a pair of health monitoring patents Apple has accused it of infringing are actually invalid, saying they only cover abstract ideas without a technological innovation to save them.

  • May 12, 2026

    Drone Co. Skirts Unfair Biz Practices Claim In Ex-VP's Pay Suit

    North Carolina's Business Court pared down a dispute between a company that makes emergency response drones and its former vice president of sales, finding his claim that the company misled him about its intent to pay him a bonus doesn't rise to the level of an unfair or deceptive business practice.

  • May 12, 2026

    Ex-Palantir Workers Get Trade Secret Suit Sent To Arbitration

    A New York federal judge Tuesday sent to arbitration Palantir Technologies Inc.'s lawsuit accusing three former employees of absconding with its confidential intellectual property for their rival company, Percepta AI.

  • May 12, 2026

    Commerce Details Path To Discount For 100% Pharma Tariff

    The U.S. Department of Commerce released guidance for pharmaceutical companies looking to show they have made sufficient onshoring commitments to qualify for a discount on the 100% tariff on certain imported drugs coming this summer.

  • May 12, 2026

    NCAA Wants Final Whistle On 1983 Team's Appeal Of NIL Suit

    The National Collegiate Athletic Association urged North Carolina justices to keep out of bounds a name, image and likeness lawsuit from members of a 1983 North Carolina State University championship basketball team, arguing that a lower court was right to find the suit several decades expired.

  • May 12, 2026

    Viewing Seed Genetic Material Not Patent Infringement: DOJ

    The U.S. Department of Justice's Antitrust Division waded into a private patent infringement lawsuit Monday, telling a Delaware federal court that just "reading" a patent, or viewing and sequencing the genetic material that must be submitted for the seed patents at issue, can't on its own count as infringement.

  • May 12, 2026

    Fox Rothschild Adds Trial Partner From Nelson Mullins In Fla.

    Fox Rothschild LLP has expanded its litigation department in West Palm Beach, Florida, with a new partner from Nelson Mullins Riley & Scarborough LLP.

  • May 12, 2026

    JAMS Launches Alternative Dispute Resolution Tech Group

    Alternative dispute resolution provider JAMS announced Tuesday the launch of a technology industry group to address disputes regarding new innovations such as artificial intelligence, digital assets and biotechnology.

  • May 12, 2026

    Impossible Foods Stuck With Atty Fees After $3.25M TM Loss

    A California federal judge has held that Impossible Foods owes attorney fees after lifestyle brand Impossible X won a $3.25 million verdict in the parties' trademark dispute, but she refused to boost the jury's award.

  • May 12, 2026

    Atty Urges Texas Justices To Restore Trade Secret Damages

    A Houston personal injury lawyer is asking the Texas Supreme Court to reinstate millions in damages he was awarded in a dispute with another attorney over misappropriation of trade secrets, arguing that a lower appellate court decision could allow others to steal private information without consequence.

  • May 11, 2026

    Ye Use Of Song Was 'Test Drive,' Not Infringement, Jury Told

    Counsel for Ye defended the rapper during closing arguments in a copyright infringement trial Monday, telling a Los Angeles jury that Ye's alleged unauthorized use of a sound recording in an early version of his Grammy-winning song "Hurricane" was merely a "test drive," and that he ultimately went in a different direction.

  • May 11, 2026

    Microsoft CEO Defends Role In OpenAI's Rehiring Of Altman

    Microsoft CEO Satya Nadella testified Monday in a California federal jury trial over Elon Musk's challenge to OpenAI's for-profit conversion, denying that he demanded OpenAI's board reinstate ousted CEO Sam Altman while acknowledging that he offered to pay up to $29 billion to bring Altman and others to Microsoft.

  • May 11, 2026

    Zillow Aims To Tear Down CoStar's Property Photo Rights Suit

    Zillow urged a Seattle federal judge to throw out a mass copyright lawsuit from rival CoStar over tens of thousands of property photos, arguing that its automated handling of user-uploaded images does not constitute infringement.

  • May 11, 2026

    Fed. Circ. Clears Redesigned Vacuums In Bissell Patent Row

    The Federal Circuit on Monday upheld a decision by the U.S. International Trade Commission barring imports of some Tineco wet-dry vacuums found to infringe Bissell patents, while clearing redesigned products, as arguments by both sides challenging those findings fell flat.

  • May 11, 2026

    5th Circ. Wary To Flip IP Suit's 'Case-Terminating Sanctions'

    A Fifth Circuit panel seemed skeptical of a bid to undo "case-terminating sanctions" that a lower court leveled against a servicing company accused of stealing Philips North America LLC's trade secrets, saying Monday that the company admitted to deleting some files to cover its tracks.

  • May 11, 2026

    Microsoft Settles Supercomputer Patent Case Before Trial

    A German company has agreed to end its patent suit against Microsoft Corp. over artificial intelligence supercomputer technology, about a month before a federal trial was set to start in the infringement case in Texas.

  • May 11, 2026

    Perplexity Pushes Bid To Toss Reddit Data-Scraping Claims

    Artificial intelligence startup Perplexity AI Inc. has told a New York federal court that Reddit Inc.'s amended claims that its content was used illegally to train AI models should be dismissed because they still fail to show that Reddit holds copyrights on the "vast majority" of that content.

  • May 11, 2026

    Split Fed. Circ. Fully Voids Railway Safety Patents

    The Patent Trial and Appeal Board properly invalidated the entirety of a rail safety patent challenged by Siemens but erred in upholding part of a second patent, the Federal Circuit held on Monday.

  • May 11, 2026

    Pharma CEO's Role In Ex-Exec's Contract Permits Deposition

    North Carolina's business court has refused to shield the CEO of biopharmaceutical firm United Therapeutics Corp. from being deposed in a trade secrets lawsuit against a former executive and his new employer, finding it reasonable to believe she was an "ultimate decision-maker."

  • May 11, 2026

    Copyright Office Sued Over Rejection Of AI 'Starry Night' Art

    An artist behind a yearslong fight to register his artificial intelligence-generated artwork with the U.S. Copyright Office has sued the agency in California federal court, challenging its refusal to register the image inspired by Vincent van Gogh's "The Starry Night" — the latest action in a closely watched debate over whether copyright protection should extend to works created with AI. 

  • May 11, 2026

    Packaging Co. Wins 2nd Block On Rival's Insulated Container

    A cold storage packaging company has won a second injunction barring a rival manufacturer from selling an insulated shipping container that allegedly infringes its patents, according to a North Carolina federal judge's order.

  • May 11, 2026

    Plastics Co. Wants Inequitable Conduct Ruling Undone

    A plastic packaging company has asked a Massachusetts federal judge to undo a ruling that five of its food packaging patents were unenforceable due to inequitable conduct, saying the judge's reasoning contained "manifest factual and legal errors."

  • May 11, 2026

    Biggie Smalls Trust & Widow Clash Over LLC Stake In Del.

    Counsel for a trustee tied to the late musician Notorious B.I.G.'s mother told the Delaware Court of Chancery on Monday that the rapper's widow, Faith Evans, cannot treat the trust as a member of the company controlling the rapper's intellectual property when it helps close an asset sale, then deny that status when distributions come due.

Expert Analysis

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • FDA's Biosimilarity Guidance Holds Uncertain Implications

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    The U.S. Food and Drug Administration's new draft guidance aimed at simplifying the biosimilarity demonstration process may not be enough to overcome the barriers that have historically constrained biosimilar competition, and could affect biosimilar access in unexpected ways, say analysts at Analysis Group.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • Making Effective Use Of DOD's 'Patent Holiday' Program

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    The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.

  • Labubu Shows Value Of Patents When Viral Brands Plateau

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    The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

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