Intellectual Property

  • September 30, 2026

    IP Notebook: AI Dilution, Alamo TM, India Copyright Ruling

    An unsettled copyright theory over competition from artificial intelligence-generated works and a trademark clash between Texas and an association representing descendants of those who fought at the Battle of the Alamo lead this edition of Law360's look at emerging copyright and trademark issues.

  • September 30, 2026

    Dropbox Fights Sanctions Bid After Being Cleared In IP Case

    Dropbox is arguing that a licensing company is asking for "completely unprecedented" sanctions over claims that Dropbox submitted new, undisclosed expert opinions at a 2023 trial where a jury cleared the online file-sharing company of infringement allegations.

  • September 30, 2026

    College Sports Overhaul Still Uncertain Despite Senate Lift

    A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

  • September 30, 2026

    Icee Scores $23M In Slush Puppie Frozen Drink TM Fight

    Frozen drink company Icee was awarded $23 million in damages against rival Slush Puppie Ltd. by an Ohio federal judge who found that Slush Puppie had tried to divert customers to a product called Slushy Jack's and capitalize on Slush Puppie's brand recognition after selling the trademark rights to it.

  • September 30, 2026

    Crocs Takes ITC Appeal Timing Issue To Supreme Court

    Crocs Inc. wants the U.S. Supreme Court to take a look at when a federal agency's ruling becomes appealable, after the Federal Circuit found the clogs maker was too late in challenging a mixed U.S. International Trade Commission trademark ruling that generated two appeal deadlines.

  • September 29, 2026

    Bristol-Myers, Natco And More Can't Ditch Cancer Drug MDL

    A New Jersey federal judge Tuesday refused to throw out sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid filed against Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies, ruling that buyers' pay-for-delay claims are plausible at this stage in the litigation.

  • September 29, 2026

    En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case

    Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. 

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    Hearst Must Face TM Suit Over 'First Warning' Weather Marks

    A New York federal judge has largely rejected Hearst's attempt to dismiss Gray Local Media's trademark complaint over "First Warning Weather" and "First Warning Traffic," finding the phrases sufficiently similar to Gray's "First Alert" marks to support a plausible claim of consumer confusion.

  • September 29, 2026

    Disney's Antitrust Case Against InterDigital Paused

    InterDigital has convinced a Delaware federal judge to press pause on a lawsuit brought by Disney accusing the technology development company of refusing to offer reasonable licenses on patents for video streaming.

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    Nvidia Sued Over 5 Data Center Networking Patents

    Nvidia is facing a suit filed Tuesday in Texas federal court over claims that its data centers were infringing a set of networking patents once held by technology company Avaya Inc.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

  • September 29, 2026

    After Remand, Wis. Judge Again Wipes Out Lens Patent Claims

    A Wisconsin federal judge has ruled that two patents covering eyeglass lenses were invalid after his previous order invalidating them was overturned by the Federal Circuit, ruling that an earlier patent disclosed the asserted patents' claimed methods.

  • September 29, 2026

    USPTO Details Best Practices For Subject Matter Declarations

    Patent applicants submitting declarations explaining why their patents are eligible under Section 101 of the Patent Act should hand in those statements separately from other evidence and also send them in sooner rather than later, U.S. Patent and Trademark Office Director John Squires recommended on Tuesday.

  • September 29, 2026

    Baker Botts Atty Disputes Inventor's Claim Of Defamation Deal

    A Baker Botts LLP patent attorney is pushing back on an inventor's claim that they reached a settlement agreement in the inventor's defamation suit in Florida federal court.

  • September 29, 2026

    Article Had 'No Good Reason' To Use Playboy Pic, Judge Says

    A New York federal judge has denied business-to-business publisher Haymarket Media Inc.'s bid to escape a suit brought by Playboy over use of one of the magazine's photographs, saying that there "was no good reason" for Haymarket to use the photo in an article about Playboy's choice to bring nudity back to its magazine.

  • September 29, 2026

    Qualcomm Presses High Court To Ignore FedEx RPI Dispute

    Qualcomm wants the U.S. Supreme Court to skip a bid from FedEx to examine the Federal Circuit's refusal to review whether the technology company complied with real-party-in-interest requirements in a patent challenge, arguing the same type of dispute won't likely come up again.

  • September 29, 2026

    Agtech Biz Founder Loses Chancery Judge Recusal Bid

    A Delaware Chancery Court magistrate has denied a motion from HerdDogg Inc.'s founder to recuse himself from presiding over litigation she brought seeking to place the agricultural technology company into receivership, saying "unequivocally" that the founder had not shown disqualification would be appropriate.

  • September 29, 2026

    3rd Circ. Affirms Thomson Reuters' Westlaw AI Copyright Win

    The Third Circuit on Tuesday upheld Thomson Reuters' victory against Ross Intelligence Inc. in the first U.S. appellate ruling to address whether artificial intelligence training can be fair use of copyrighted material, upholding a Delaware federal court's decision that the startup infringed Westlaw headnotes by using material derived from them to develop an AI-powered legal search tool.

  • September 29, 2026

    Novo Inks $2.6B License For Once-Weekly GLP-1 Pill

    Novo Nordisk said Tuesday that it will pay Hengrui Pharma up to $2.6 billion for the right to market a GLP-1 weight loss pill that patients could potentially take just once per week.

  • September 28, 2026

    Grok-Maker Can't Get Deepfake Suit Paused Or Transferred

    Elon Musk's artificial intelligence company must continue battling a proposed class action brought by women suing over Grok-generated deepfakes of them in sexual situations, a California federal judge ruled Monday, declining to pause or transfer the suit to Texas.

  • September 28, 2026

    Senate Passes Protect College Sports Act

    The Senate voted 77-22 on Monday night to pass legislation to impose sweeping regulations on college sports, a multibillion dollar industry. 

  • September 28, 2026

    Bayer's COVID Vax IP Suits Against Moderna, Pfizer Survive

    Bayer CropScience was cleared to pursue its patent infringement suits against COVID-19 vaccine makers Pfizer, BioNTech and Moderna, after a judge sitting in Delaware upheld its cases on Monday.

  • September 28, 2026

    Apple Briefs Set Stage For Challenge To Record $5.7B Verdict

    Friday's $5.7 billion verdict against Apple Inc. for infringing Taction Technology Inc.'s vibration technology patents is the largest in history, eclipsing many others that have been overturned, and filings by Apple preview its arguments for why this one should meet the same fate.

Expert Analysis

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

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    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

  • Generic Drugs Do Not Reach Patients Sooner In The EU

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    Although the U.S. and European Union take very different approaches to patents, regulatory exclusivities and drug pricing, data shows that the effective market life for brand-name drugs is essentially the same in both jurisdictions, says Margaret Kyle at Mines Paris.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • 'Honeypot' Suit Spotlights Nuances Of Trade Secret Law

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    Fintech company MyCard's recent complaint filed in Delaware federal court, alleging that competitor Atomic FI copied its proprietary software, including a "honeypot" in the form of a specific 37-character string, highlights fact-intensive questions of when alleged trade secrets are actually secret, says Eugene Mar at Farella Braun.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • Trump's AI Order Is Strategic, Not Merely Deregulatory

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    Although the framework presented in President Donald Trump’s recent executive order on artificial intelligence is styled as voluntary and innovation-friendly, it creates a new soft-power mechanism for bringing the most capable AI systems into closer alignment with federal security priorities, says Jesse Lemon at The Beckage Firm.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Guitar Shape Controversy Highlights Nuances Of IP Protection

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    A recent German case related to Fender's efforts to secure intellectual property protection for its Stratocaster guitar design highlights a structural tension inherent in IP law — the designs that most successfully become embedded in the cultural landscape are the hardest to justify exclusive ownership of, say attorneys at Spencer West.

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