Intellectual Property

  • June 02, 2026

    Texas Biz Court Sinks Vessel Tracking Co.'s Discovery Bid

    A Texas Business Court judge quoted ancient Greek philosophers when he denied a request for an order submitted by a geospatial data analytics company seeking discovery relating to a government bid from its erstwhile business partner, saying that granting the request may create unintended harm.

  • June 02, 2026

    NOTUS Rebrand Halted As Judge Backs Washington Star

    A Virginia federal judge Tuesday blocked the impending relaunch of NOTUS as "The Star" one day before it was set to take place, siding with conservative publisher Dovid Efune, who accuses the news organization of trademark infringement.

  • June 02, 2026

    Louis Vuitton Sues Hotel Casino Over Counterfeit Giveaways

    Louis Vuitton slapped Live Casino & Hotel with a trademark infringement suit in Maryland federal court Monday, alleging it distributed infringing items like handbags and toiletry bags replicating the luxury brand's famed Monogram design marks as promotional giveaways in a mass marketing campaign intended to drive traffic and business.

  • June 02, 2026

    Why License? 5th Circ. Weighs 'Server Test' In News App Fight

    A Fifth Circuit judge on Tuesday asked counsel for a news aggregation app why publishers would ever license their articles if the app can lawfully show readers the same content without paying as long as it's hosted on the publishers' own servers.

  • June 02, 2026

    Computer Cooling Products Don't Match Patent, Judge Says

    Green Revolution Cooling Inc. was allowed to escape a suit claiming it infringed a patent on products used to cool down electronics at data centers because its products do not dispense fluid the same way the patent calls for, according to a Texas federal judge.

  • June 02, 2026

    Fed. Circ. Won't Save Farm Patents, But Reopens Fee Issue

    The Federal Circuit on Tuesday revived a company's bid for attorney fees after defeating an infringement case by AGI Suretrack over agricultural data patents, saying a lower court correctly deemed those patents invalid, but failed to explain why it didn't find the case exceptional for fee purposes.

  • June 02, 2026

    Brazil Facing 25% US Tariff Over IP, Other 'Unfair Practices'

    The U.S. Trade Representative proposed hitting Brazil with a broad 25% tariff following a trade investigation that it says uncovered a slew of "unfair practices that imposed burdens on American businesses," including poorly enforced intellectual property rights and preferential tariffs.

  • June 02, 2026

    Judge Ends Nausea Drug Suit After Invalidating Other Patents

    A federal judge has ruled one set of patents covering the nausea drug Cinvanti was invalid and found a set asserted in another suit not infringed.

  • June 02, 2026

    Lack Of Indemnity Liability Doomed Vax IP Case, Judge Says

    Drug developer Acuitas Therapeutics Inc. failed to show that it would have to indemnify BioNTech as a result of GlaxoSmithKline's patent infringement lawsuit against BioNTech and Pfizer over the COVID-19 vaccine, a Delaware federal judge has said.

  • June 02, 2026

    ITC To Review Drink Sellers' Imports After Monster Claims

    The U.S. International Trade Commission said Tuesday it would review imports from 13 companies for potential violations after energy drink giant Monster Energy Co. claimed they were importing versions of its products that were intended to be sold abroad only.

  • June 02, 2026

    Chinese Protein Testing Tech Infringes US Patents, Co. Says

    A U.S. biotechnology company told the U.S. International Trade Commission that a Chinese company is importing and selling kits and other technology in the U.S. that infringe patents related to testing the proteins in genomes, and requested that the products be banned from entering the country.

  • June 02, 2026

    Marketing Data Exec Can't Appeal Sanctions, 8th Circ. Says

    The Eighth Circuit has held that the owner of a marketing data firm cannot appeal a civil contempt order and sanctions against him for failing to answer a copyright lawsuit since the order was not an appealable final decision.

  • June 02, 2026

    X Defends Antitrust Claims Against Music Publishers

    X. Corp. is defending its antitrust case accusing music publishers and their trade group of banding together to demand an industrywide license, telling a Texas federal court the publishers agreed not to negotiate with the social media platform individually.

  • June 02, 2026

    Patent Owner Looks To Undo Verdict Clearing Cisco

    EireOg Innovations Ltd. wants a Texas federal judge to erase a jury's finding that Cisco Systems Inc. didn't infringe its patent covering a way of managing parts of computer chips or to give the company another shot at proving its case before a different jury.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    Fed. Circ. Debates Line Between Extortion And Settlement

    A Federal Circuit panel Monday questioned whether OpenSky Industries LLC should be punished for allegedly extorting VLSI Technology LLC by threatening to challenge its patent, or if any misconduct would be covered under a doctrine meant to protect those petitioning the government.

  • June 01, 2026

    'Put Up Your Dukes': Duke Sued By Boxing Glove Co.

    Duke University is being sued by a boxing glove and equipment company for impermissibly using its "Put Up Your Dukes" marks in connection with apparel and on billboards near the school's stadium where its NCAA football team plays, according to a trademark infringement suit in Florida federal court.

  • June 01, 2026

    Trump Unveils 3 Picks For International Trade Commission

    President Donald Trump on Monday announced three more nominees to be members of the U.S. International Trade Commission, including the U.S. Senate Committee on the Judiciary's intellectual property policy director, a deputy assistant U.S. trade representative and a consumer group's government affairs director.

  • June 01, 2026

    Meta VR Patent Suit Should End, Judge Recommends

    A Texas federal judge has recommended ending a virtual reality patent suit against Meta and rejected as "gamesmanship" patent owner Mullen Industries' bid to amend the suit, after it disclaimed numerous claims that Meta challenged in inter partes reviews.

  • June 01, 2026

    ITC To Review Ruling That Ended Juul Vape Patent For Njoy

    The U.S. International Trade Commission will take a second look at a ruling that threw out a Juul nicotine patent and dismissed the company's complaint accusing Altria and its Njoy brand of selling infringing vaporizer products, asking both sides to clarify how a key phrase in the patent should be understood.

  • June 01, 2026

    Fed. Circ. Side-Eyes ParkerVision Appeal In Qualcomm IP Suit

    A Federal Circuit panel Monday seemed reluctant to consider ParkerVision's challenge to a lower court's claim construction while other parts of its patent suit against Qualcomm remain pending, with one judge saying the litigation's protracted nature doesn't make it exceptional or justify special treatment.

  • June 01, 2026

    Moderna Tells Fed. Circ. US Must Face COVID Vax Patent Case

    Moderna has urged the Federal Circuit to rule that Arbutus Biopharma must pursue its patent infringement claims over Moderna's COVID-19 vaccine against the U.S. government, saying a lower court ruling that Moderna must face the multibillion-dollar suit was "deeply flawed."

  • June 01, 2026

    Feds Must Share Info On Source Code They Say Was Stolen

    A New York federal judge on Monday denied a quantitative trader's bid to escape a charge of trade secret theft but granted his request for prosecutors to turn over information on the source code he allegedly stole.

  • June 01, 2026

    Judge Trims Dental Patent Case, But Keeps Patent Alive

    A Delaware federal judge has refused to invalidate a pair of dental patents that medical technology companies Align Technology and Medit Corp. were accused of infringing, but did agree to narrow the case.

  • June 01, 2026

    AI Mapping Co. Says Rival's Copyright Suit Is Too Vague

    An artificial intelligence mapping software company sought to throw out a competitor's lawsuit accusing it of copying thousands of the firm's property maps, telling a Colorado federal judge the competitor never identified which maps had allegedly been infringed.

Expert Analysis

  • 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.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 10 US Patent Pressure Points For EU Life Sciences Cos.

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    U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • Data Center Boom Brings New Patent Risk For Owners

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    As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • New USPTO Procedure May Be A Boon For Patent Owners

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    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

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