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

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Cos. Must Update Protocols To Protect Trade Secrets From AI

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    A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • At The Fed. Circ., Means-Plus-Function Is Not Quite Dead

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    Recent Federal Circuit opinions confirm that means-plus-function claims continue to be drafted, issued, litigated and even infringed — but minding the restrictions imposed over the years by courts and statute requires three steps, says Jay Yates at Patterson & Sheridan.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Opinion

    USPTO Should Let Inventors Valuate Patents In Prosecution

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    By building patent valuation into the application process, rather than waiting until potential litigation years down the line, the U.S. Patent and Trademark Office would streamline the process for inventors protecting and enforcing their patents, says John Powers at Powers IP.

  • Australia's Computer Patent Ruling Will Aid Global Companies

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    While courts around the world have struggled to articulate a technology-neutral test for patentability of computer-implemented inventions, a recent decision by Australia's top court offers a decisive answer, creating strategic opportunities for overseas applicants, say attorneys at Mallesons.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • What GCs Should Consider Before Tendering TM Litigation

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    When a trademark lawsuit lands on a general counsel's desk, the instinct is to tender it to the insurer, but that model often breaks down in intellectual property litigation, where the stakes extend far beyond defense costs to injunctions, forced rebranding and permanent market constraints, says Bill Wagner at Taft.

  • Adapting To The Shift Toward Ex Parte Patent Challenges

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    As recent U.S. Patent and Trademark Office developments shift the patent challenge landscape, challengers will need to reconsider long-held assumptions about forum selection for validity challenges, and patent owners should prepare to defend against more ex parte filings, say attorneys at Marshall Gerstein.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • 5 Key Questions Attys Should Ask About Statistical Analyses

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    Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.

  • USPTO's AI Search Pilot May Reshape Patent Filing Strategy

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    The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

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