Intellectual Property

  • October 30, 2026

    'I Can't Get An Answer': Fair Use Fight Irks Anthropic Judge

    A California federal judge overseeing music publishers' high-stakes copyright fight with Anthropic over song lyrics expressed frustration during a hearing Friday, calling Anthropic's fair use arguments "slippery" and citing an "overarching concern" that she can't get clear answers about the categories of AI outputs at issue.

  • October 30, 2026

    OpenAI, Microsoft Copyright Feud Spurs Wave Of Amici Briefs

    A flurry of proposed friend-of-the-court briefs in the OpenAI copyright multidistrict litigation is urging a New York federal judge to treat model training, the acquisition of copyrighted material, and artificial intelligence-generated answers as distinct acts rather than trying to resolve them under a single fair-use ruling.

  • October 30, 2026

    AI Music Startup Wants Labels' Second IP Suit Paused

    Suno Inc. asked a Massachusetts federal judge Friday to pause a second lawsuit from Sony Music Entertainment and Universal Music Group over alleged use of artists' songs to train an artificial intelligence music generator, saying the parties should wait for key rulings in the labels' other suit.

  • October 30, 2026

    Sony, STMicroelectronics Face Patent Suits Over Sensor Tech

    Omni MedSci has hit Japanese electronics giant Sony and European semiconductor company STMicroelectronics with lawsuits in Texas federal court accusing them of infringing patents on technology used in Apple products.

  • October 30, 2026

    Seed-Drill Patent Dispute Sent Back To PTAB By Fed. Circ.

    The Federal Circuit on Friday vacated a Patent Trial and Appeal Board decision finding that agricultural services firm Precision Planting LLC had not shown that a patent covering seed drills was obvious.

  • October 30, 2026

    Fed. Circ. Backs Sonos In Google Encryption Patent Fight

    The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

  • October 30, 2026

    Jury Rules Tax Software Co. Didn't Illegally Poach Workers

    Tax software company Avalara did not illegally lure six workers away from a company acquired by rival Vertex, a Pennsylvania federal jury decided, clearing Avalara of trade secrets theft.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Real Estate Firm Drops Airbnb Suit Over 'BNB' Acronym

    A luxury real estate management company has dropped a lawsuit against Airbnb that claimed it shouldn't be able to monetize the "BNB" acronym as an internationally recognized abbreviation for bed and breakfast.

  • October 30, 2026

    Squires Says AI Advances Will 'Reinvigorate' The IP System

    U.S. Patent and Trademark Office Director John Squires said at a conference Friday that the advent of artificial intelligence has the office "questioning everything," and he believes the technology "completely reinvigorates and allows for renewed confidence" in the patent system.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Trenam Law Beats Bank's DQ Bid In Trade Secrets Suit

    Trenam Law has defeated a bid in Florida federal court from Climate First Bank and other defendants to disqualify the firm from representing a financial technology platform in a trade secrets suit on the grounds that the firm previously represented the bank and had access to its confidential information.

  • October 29, 2026

    9th Circ. Revives Tequila-Maker's TM Fight With Sutter Home

    The Ninth Circuit on Thursday reversed a ruling that blocked Roar Spirits LLC from registering two El Bandido Yankee tequila trademarks, holding that a reasonable factfinder could conclude that differences between El Bandido Yankee and Sutter Home Winery's Bandit boxed wine trademark make it unlikely consumers would confuse the brands.

  • October 29, 2026

    Screenwriter Claims 'Holdovers' Was Lifted From His Script

    A screenwriter has sued a film director and several production companies associated with the 2023 film "The Holdovers," claiming parts of the story of the hit Christmas movie were lifted from an unproduced screenplay he wrote.

  • October 29, 2026

    Tech In-House Attys Say AI Rivals Humans At Writing Patents

    Current and former in-house counsel from Google and Meta said at a conference Thursday that the ability of artificial intelligence to write patent applications is rapidly improving, and that in blind tests, experienced attorneys often deem AI-drafted patents to be superior to those from humans.

  • October 29, 2026

    US Tells Justices FedEx Can't Appeal Interested Party Order

    The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

  • October 29, 2026

    Ex-Property Management VPs Owe $1.6M For Poaching Clients

    Two former officers and directors at a North Carolina property management company must pay their ex-employer more than $1.6 million in damages to make up for clients they allegedly poached for a rival business they ran, a state court judge ruled, granting the company a partial pretrial win.

  • October 29, 2026

    Judge Stark Advises Attys To Confront Flaws In Their Cases

    Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

  • October 29, 2026

    5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

    The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

  • October 29, 2026

    Squires Grants 4 Patent Review Bids In Latest Bulk Order

    U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

  • October 29, 2026

    Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

  • October 29, 2026

    ITC To Review ALJ's Infringement Ruling In Wi-Fi Patent Case

    The U.S. International Trade Commission has said it will look over various parts of an agency judge's findings that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear.

  • October 28, 2026

    Albright Left Key Issue In Billion-Dollar IP Fight Unanswered

    In May 2025, then-U.S. District Judge Alan Albright watched a jury hold that VLSI Technology is controlled by Fortress Investment Group, but by the time he left the bench in August 2026, the judge had yet to decide whether that ownership would let Intel avoid billions of dollars in patent infringement verdicts.

  • October 28, 2026

    Ill. Judge Sets Evidence Hearing In Amazon TM Fund Fight

    A Chicago federal judge on Wednesday set an evidentiary hearing for December to investigate whether a trademark lawsuit against 100 online sellers was used to obtain a court order directing Amazon to transfer more than $711,000 in frozen seller funds, some of which the company says were already subject to unrelated restraints.

  • October 28, 2026

    Proskauer, Reddit Attys Called To Testify In Data-Scraping Suit

    A New York federal judge on Wednesday called for live testimony from two Proskauer Rose LLP attorneys and Reddit's deputy general counsel as he weighs the law firm's bid to represent Perplexity AI in a lawsuit from Reddit, the firm's former client, over alleged data scraping.

Expert Analysis

  • 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.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Why Inter Partes Reviews May Be On The Rebound

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    Recent inter partes review data shows that rates of referrals and institution rates at the U.S. Patent and Trademark Office are increasing, potentially indicating, among other reasons, that patent challengers are adjusting to the USPTO's policy changes, say attorneys at Sterne Kessler.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • 6 Ways Biotechs Can Manage Double Patenting Rejection Risk

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    The Patent Trial and Appeal Board review panel’s recent rejection of a Sanofi application signals that biotechnology and pharmaceutical companies should now take steps to mitigate the possibility that their patents may be rejected for obviousness-type double patenting based on the existence of applications filed years later, say attorneys at Sterne Kessler.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

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