Intellectual Property

  • October 15, 2026

    Crowell Faces DQ Bid Over AI Tool At Heart Of Client's IP Suit

    DeviantArt urged a California federal judge Wednesday to disqualify Crowell & Moring LLP from representing Evox Productions in litigation alleging multiple AI companies used Evox's copyrighted car photos to train artificial-intelligence image generators, arguing the firm "unquestionably" represented DeviantArt and has "sued its own client on behalf of another client."

  • October 15, 2026

    Medical AI Platforms Report Settlement Amid Discovery Battle

    Medical artificial intelligence startup OpenEvidence and competitors Doximity Inc. and Pathway Medical Inc. told a Massachusetts federal judge on Thursday that they have reached a settlement in principle to resolve a contentious lawsuit and counterclaim.

  • October 15, 2026

    Zoom Can't Move Ricoh Patent Suit From Delaware To Calif.

    A Delaware federal court denied Thursday a bid from Zoom Communications Inc. to move a patent infringement suit brought by Japanese camera and electronics maker Ricoh Co. Ltd. to California, ruling that keeping the case in Delaware was more convenient.

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    For 2nd Time, PTAB Won't Invalidate Claims In DNA Patent

    The Patent Trial and Appeal Board has once again found that Guardant Health couldn't show that claims in a University of Washington DNA sequencing patent that had been part of a $245 million infringement judgment were invalid.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

  • October 15, 2026

    Comcast Hit With $213M Verdict In Streaming Patent Case

    Comcast is on the hook for $213 million after a Florida federal jury found Thursday that it infringed a rival's patent for a streaming service system, years after the telecommunications giant was cleared by the judge in the middle of an earlier trial.

  • October 14, 2026

    Amazon Flags Possible Abuse In Chicago 'Schedule A' Suits

    Amazon is moving to pause court-ordered fund transfers in more than a dozen trademark cases brought against large numbers of online sellers in Chicago federal court, saying that while it's not a party to the litigation, it's investigating whether some of the lawsuits were used to obtain money the retailer previously froze for reasons unrelated to the disputes.

  • October 14, 2026

    OpenAI Tells Court Ex-Worker Took Confidential Files To Apple

    OpenAI Foundation on Wednesday alleged one of its former employees absconded with confidential files about an unreleased artificial intelligence product and gave the information to Apple Inc., asking the California federal judge overseeing Apple's nearly identical trade secret allegations for time to investigate and potentially file counterclaims.

  • October 14, 2026

    Software Patent Claims Invalidated In Google, Amazon Suits

    A California federal judge found Tuesday that claims in a pair of VirtaMove software patents are invalid, agreeing with Amazon and Google's arguments that the claims asserted against them in the infringement litigation are indefinite.

  • October 14, 2026

    Atty Sanctioned For Vulgar Emails To Opposing Counsel

    A Texas federal magistrate judge has sanctioned an attorney who serves as principal for an oil and gas exploration company locked in a trade secret misappropriation case with a rival after opposing counsel complained of his expletive-ridden emails containing ad hominem attacks.

  • October 14, 2026

    Samsung Says Rival Leans On Fabricated 'Mini LED' Definition

    Samsung moved to dismiss a competitor's suit alleging it falsely markets some of its TVs as having Mini LED technology that provides a higher-quality picture, telling a California federal judge Tuesday the plaintiff wants her to adopt a "fabricated three-part definition" for Mini LED that only exists in the complaint. 

  • October 14, 2026

    Anthropic Seeks To Dodge AI Patent Suit From U. of Tenn.

    Anthropic says it shouldn't have to face a lawsuit accusing it of infringing a pair of patents related to neural networks owned by a research arm of the University of Tennessee because its Claude artificial intelligence tool isn't covered by the patents.

  • October 14, 2026

    Samsung Settles Patent Case On Eve Of Texas Trial

    Samsung has reached a settlement with a patent-holding company claiming that certain smartphones and tablets were infringing patents covering app management before a trial was set to begin early next week in Texas.

  • October 14, 2026

    Mass. Top Court Rejects Trade Secret Harm 'Presumption'

    Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.

  • October 14, 2026

    AGs Say Character.AI Chats Must Be Protected In Ch. 11 Sale

    A group of state attorneys general told a Delaware bankruptcy judge Wednesday that protection of minors and privacy concerns need to be addressed before the company behind artificial intelligence entertainment platform Character.AI is allowed to sell its data in its Chapter 11 case.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

    A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 13, 2026

    Liquidia Settles United Therapeutics Suits With $380.7M Deal

    Liquidia will pay out $380.7 million as part of a settlement agreement with United Therapeutics Corp. that resolves six lawsuits between the pharmaceutical companies, Liquidia announced Tuesday, saying patients will continue to have access to its Yutrepia lung disease treatment that was central to litigation.

  • October 13, 2026

    Judge Probes Ex-Joe Gibbs Racing Director's Acts After Exit

    A North Carolina federal judge said she had concerns Tuesday about whether the previous competition director for Joe Gibbs Racing LLC disclosed his former employer's trade secrets to a rival team in violation of a court order placing certain restrictions on his employment.

  • October 13, 2026

    MIT Says Amazon Web Services Infringes Security Tech Patent

    Amazon Web Services Inc.'s use of certain hardware fingerprinting technology in its cloud computing services violates a pair of Massachusetts Institute of Technology patents related to cryptography and hardware identification, the university alleged Friday in Massachusetts federal court.

  • October 13, 2026

    Apple Urges Judge To Toss 'Shocking' $5.7B Patent Verdict

    Apple Inc. on Tuesday asked a California federal judge to wipe out a jury's $5.7 billion damages award for Taction Technology Inc. or order a new trial in the haptic vibration technology patent dispute, calling the award "shocking" and "untethered to any evidence at all."

Expert Analysis

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

    Author Photo

    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • Resetting For Success After Corporate Litigation Loses Focus

    Author Photo

    Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.

  • How Bifurcation And Verdict Forms Can Sway Jury Outcomes

    Author Photo

    The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

    Author Photo

    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • Where AI Patent Risk Begins And How Records Can Help

    Author Photo

    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

    Author Photo

    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

    Author Photo

    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • What To Expect From Colorado's New Artist Co. Structure

    Author Photo

    Colorado's newly established class of artist companies, or A-Corps, provides a useful structure for small-scale ventures, but challenges could arise for more complex business plans, and limitations on investor participation may limit widespread adoption, say attorneys at Armstrong Teasdale.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

    Author Photo

    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • What Trial Teams Should Know About AI Jury Research Tools

    Author Photo

    Using artificial intelligence for jury research is quickly becoming part of the litigation consulting landscape, and can be a useful part of a case assessment toolkit — but litigators must understand what these systems are built to measure, and what conclusions can reasonably be drawn from their output, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

    Author Photo

    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Cannabis, Psychedelics Boom Raises IP Hurdles

    Author Photo

    Recent data regarding patent filing activity and litigation in the cannabis and psychedelics markets indicates that as commercial interest accelerates, the scope of publicly accessible prior art is also expanding, setting a higher bar for novelty and nonobviousness in patent applications, say attorneys at Sterne Kessler.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

    Author Photo

    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • How Quantum Risk Could Reshape Legal Obligations

    Author Photo

    As federal policy, National Institute of Standards and Technology standards, and major market practice converge around postquantum cryptography, companies may need to safeguard their data now to prove they took reasonable measures to protect trade secrets from quantum computers that do not exist yet, say attorneys at MoFo.

  • Expert Witness's ChatGPT Use Highlights New AI Risks

    Author Photo

    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.