Intellectual Property

  • May 04, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a wide-ranging docket of deal disputes, advancement fights, stockholder suits and contract claims, with several matters turning on timing, forum limits and the remedies available when transactions or governance agreements break down.

  • May 04, 2026

    Alston & Bird Adds Winston & Strawn IP Leaders In NY, SF

    Alston & Bird announced Monday that it has added three new partners to its IP litigation group, luring two leaders from Winston & Strawn LLP.

  • May 01, 2026

    Columbia Univ. Can't Shed Columbia Sportswear's TM Suit

    Columbia University cannot escape a trademark infringement lawsuit brought by Columbia Sportswear or move the case to New York, an Oregon federal judge ruled Friday, rejecting the argument that the West Coast court lacks jurisdiction over the Manhattan-based university.

  • May 01, 2026

    Callaway Takes A Swing At Rival's 'Tortured' False Ad Suit

    Callaway Golf Co. asked a California federal court to throw out claims it has run a disparaging smear campaign portraying TaylorMade Golf Co.'s products as poorly performing, calling the suit "a tortured effort to chill competition."

  • May 01, 2026

    Vivienne Westwood Ends IP Dispute Over Artists' Graffiti Work

    Renowned fashion house Vivienne Westwood has agreed to end an intellectual property dispute initiated by a trio of prominent graffiti and street artists who accused the brand of exploiting their names and splashing their works across its apparel without permission, the parties told a California federal judge.

  • May 01, 2026

    Winery's Ex-Lawyer Has No Rights To Wine Brand, Judge Says

    A California federal judge has entered judgment in a battle between a Napa Valley winery and an attorney who had worked with it, ruling that the attorney had no rights to the trademark on the high-end RBS wine brand.

  • May 01, 2026

    PTAB Axes Part Of Memory Tech Patent, Upholds Another

    The Patent Trial and Appeal Board has found that only some of the claims in a computer memory patent that Western Digital Technologies was accused of infringing in California federal court were invalid, while upholding all the challenged claims of another patent.

  • May 01, 2026

    Del. Judge Leans Toward Candor In AI Tech Fight

    A Delaware vice chancellor said Friday she's inclined to find that a legal technology company's term sheet with an Italian artificial intelligence business is binding and that specific performance may be the only workable remedy in a fight over emotion-recognition technology for legal proceedings.

  • May 01, 2026

    Biotech Firm Wants Do-Over After Consultant's $58M Verdict

    A Georgia-based medical technology firm that was hit with a $58 million verdict last month over claims that it conspired to have a former consultant arrested has asked a Fulton County judge for a new trial, arguing the court allowed a jury charge that was "erroneous, irrelevant, [and] not tailored to the evidence."

  • May 01, 2026

    Vietnam Tops USTR Priority IP Watch List In Latest Report

    Vietnam hasn't dealt with "long-standing" issues to protect and enforce intellectual property rights, and its actions have had the biggest negative impact on U.S. products, according to the Office of the U.S. Trade Representative's latest annual global IP report.

  • May 01, 2026

    Hartford Unit Owed Contractor Coverage In Data Center Row

    A Hartford insurance specialty unit had a duty to defend a building contractor against an underlying suit over a data center's construction even after defamation claims were dropped, a California federal judge ruled, finding that existing claims could have exposed the contractor to additional defamation allegations.

  • May 01, 2026

    Zazzle Settles Suit Over Font Design Use

    Online retailer Zazzle has settled claims brought by a designer who alleged the site went beyond what was allowed by a license between the parties to use a copyrighted font she designed.

  • May 01, 2026

    How Paul Clement Does It All

    For most lawyers, getting to argue before the U.S. Supreme Court is a once-in-a-lifetime event, but for a select few, it's a common occurrence. Clement & Murphy PLLC name partner Paul Clement is one of those lawyers. 

  • May 01, 2026

    Hardware Co. Claims Menards Infringed Cabinet Designs

    A Michigan-based cabinet hardware company has sued home improvement chain Menards in Michigan federal court, claiming that after a contractual relationship broke down, Menards suddenly claimed it owned patented cabinet designs and continued selling them.

  • May 01, 2026

    TTAB Upholds Canceled Everwise TM Registration

    The Trademark Trial and Appeal Board won't revive a Midwestern credit union's trademark registration after it had not actually begun commercial use of that name by the legally required deadline.

  • May 01, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a Swiss energy trader bring a Financial List claim against shipping benchmarking company Baltic Exchange, law firm Slater and Gordon sued by a former client, Slack and Salesforce hit Microsoft with an antitrust claim, and Stephen Fry bring a personal injury claim after he broke bones falling off a stage. Here, Law360 looks at these and other new claims in the U.K.

  • April 30, 2026

    McKool Smith's Patent Trial Legend Sam Baxter Retires

    Sam Baxter of McKool Smith has announced his retirement after more than five decades in the legal profession, wrapping up a storied career as a patent litigator in the Eastern District of Texas.

  • April 30, 2026

    Jones Day Beats Sanctions Bid In $2M Fee Dispute

    An Illinois state judge has ruled that Jones Day can pursue punitive damages on several of its claims in a lawsuit alleging a former client made a series of unlawful transactions to avoid paying over $2 million in legal fees, and also denied sanctions sought by the ex-client against the firm.

  • April 30, 2026

    ITC Proposes Litigation Funding Disclosure Rule For IP Cases

    The U.S. International Trade Commission on Thursday proposed a new rule that would require litigants in intellectual property cases before the commission to disclose information about entities that have an ownership or financial interest in the case, including litigation funders.

  • April 30, 2026

    Pa. Atty Says Ex-Partner Ran Firm Into Ground, Won't Pay Up

    A Pennsylvania patent attorney is accusing his former partner in a state court lawsuit of mismanaging the firm they started, improperly winding down operations and refusing to pay him all the money he says he is owed.

  • April 30, 2026

    Netflix's 'Tiger King' Funeral Clip Was Fair Use, 10th Circ. Says

    The Tenth Circuit on Thursday said Netflix Inc. made fair use of a minutelong funeral clip in its popular "Tiger King" docuseries, holding in a precedential opinion that the streaming platform's use of the footage was "significantly transformative," departing from its earlier ruling that reached the opposite conclusion.

  • April 30, 2026

    Al Jazeera Fights To Nix Storm Video DMCA Claim For Good

    Al Jazeera urged a California federal judge Thursday to permanently nix a claim alleging it knowingly, with intent to conceal infringement, embedded its watermark over videographers' extreme weather footage uploaded onto YouTube, arguing it never removed the videographers' copyright management information and that the parties' works are not identical.

  • April 30, 2026

    Crypto Co. Fights Shkreli's Counterclaims In Album Case

    A cryptocurrency company suing "Pharma Bro" Martin Shkreli over ownership of a coveted Wu-Tang Clan album has asked a Brooklyn federal judge to dismiss his counterclaims, calling his claim seeking a declaration that he didn't steal trade secrets related to the album a "mirror image" of the company's claim saying he did.

  • April 30, 2026

    Texas Justices Asked To Revive Infowars Lease To The Onion

    Victims of the Sandy Hook Elementary School massacre have asked the Texas Supreme Court to let a court-appointed receiver lease Alex Jones' website Infowars to a company linked to satire publication The Onion, a move that could hasten the delivery of funds Jones owes the families after massive defamation judgments.

  • April 30, 2026

    Fed. Circ. Lets Stand Walmart's Alice Win Over Q Tech Patents

    The Federal Circuit said Thursday it will not rehear arguments that Walmart infringed three content-sharing patents that were invalidated under the U.S. Supreme Court's test for assessing whether patents cover abstract subject matter.

Expert Analysis

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • AI Communications May Be Discoverable In Patent Litigation

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    A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.

  • 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.

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