Intellectual Property

  • September 09, 2026

    Virginia Law Prof Says He'll Take USPTO General Counsel Job

    A University of Virginia School of Law professor who has taught tort, administrative, patent and international intellectual property law there for more than 15 years recently said he plans to become the new general counsel of the U.S. Patent and Trademark Office.

  • September 09, 2026

    Sandoz Generic Would Infringe J&J Unit Patents, Judge Says

    A New Jersey federal judge has ruled that Sandoz's attempt to manufacture a generic form of a Janssen Pharmaceuticals Inc. nasal spray would infringe a group of patents the Johnson & Johnson unit has on the product.

  • September 09, 2026

    Katten Adds Kasowitz Data Strategy Team Leader In LA

    Katten Muchin Rosenman LLP has bolstered its offerings in Los Angeles with the addition of the chair of Kasowitz LLP's data strategy, privacy and security team and co-chair of its artificial intelligence industry group.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    Certain Apple Devices Infringe Touch Screen IP, Judge Says

    A California federal judge has held that some functions of certain Apple iPhones and iPads infringe some claims of a touch screen patent owned by Smith Interface Technologies LLC, though he also ruled that the functions don't infringe other claims and that other disputes belong before a jury.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    WB Asks Panel To Pull Plug On Claim 'The Pitt' Copied 'ER'

    Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    Meta Accused Of Using Photos To Train AI Without Consent

    Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

  • September 08, 2026

    Seattle Times, Newsday Sue OpenAI Over Content Use

    The Seattle Times and Long Island-based newspaper Newsday sued OpenAI and Microsoft with claims of copyright infringement, adding to the long list of news organizations claiming their articles were used improperly to train large language models.

  • September 08, 2026

    Boeing Avoids Broad Financial Discovery In IP Suit

    A Washington federal judge has ordered The Boeing Co. to provide some, but far from all, of the information Wilson Aerospace LLC sought for its suit accusing the aerospace giant of stealing patented technology for a NASA moon program.

  • September 08, 2026

    Fed. Circ. Urged To Overturn Natera's Cancer Test Patent Win

    ArcherDX is asking the Federal Circuit to fully free it from a Delaware federal jury's $19 million verdict for infringing Natera cancer diagnostic patents, saying the district court judge was wrong to only remove $10 million from that total.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    NC Brokerage Loses Injunction Bid Against Ex-Directors

    A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Italian Winemaker Wins TM Fight At TTAB

    The Trademark Trial and Appeal Board has blocked a Mexican resort's attempt to register a trademark on wine it sold, after finding it would likely be confused with an Italian winery's brand.

  • September 08, 2026

    Quantitative Trader's Trade Secret Trial Pushed To November

    A trial that was set to begin Sept. 14 in a case of a quantitative trader accused of stealing his former employer's trade secrets was pushed to November after a New York federal judge ruled Tuesday that the court and parties needed more time to litigate the admissibility of a defense witness.

  • September 08, 2026

    Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign

    Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.

  • September 08, 2026

    Fed. Circ. Backs Atty Fees In 3D Motion Sensor Patent Case

    The Federal Circuit on Tuesday turned down network testing company Viavi Solutions Inc.'s challenge to a lower court's decision ordering it to pay another company's attorney fees after Viavi unsuccessfully brought suit alleging patent infringement.

  • September 04, 2026

    NY Huawei Case Roars To Life With Historic Corp. RICO Trial

    The sprawling racketeering case against Huawei Technologies Co. Ltd. has faded from the spotlight in recent years, but the Chinese telecommunications giant has bucked convention by proceeding to a historic criminal trial over accusations of rampant intellectual property theft, sanctions violations and brazen lies to banks and U.S. officials about its business practices.

  • September 04, 2026

    Juul Hit With Vape Patent Suit On Newly Approved Device

    A company that says it developed technology for delivering caffeine to military pilots that forms the basis of all modern e-cigarettes has accused Juul's products of patent infringement, including a new vaping device that just received regulatory approval.

  • September 04, 2026

    Fed. Circ. Backs Double Dismissals, But Dodges Preclusion

    The Federal Circuit has expressly allowed district court judges to dismiss patent cases on multiple grounds at once, but attorneys say they're left guessing how that impacts future litigation on the same patent.

  • September 04, 2026

    2nd Circ. Reopens Copyright Case Over Diamond Price List

    The Second Circuit on Friday reinstated a copyright suit brought by diamond price-listing company Rapaport USA Inc. claiming another company lifted information from Rapaport's catalog to put on its own website, agreeing that the district court shouldn't have dismissed the case before "crucial" questions were answered.

Expert Analysis

  • Australia's Computer Patent Ruling Will Aid Global Companies

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Defense Contractor Tips For Commercial Solutions Openings

    Author Photo

    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

    Author Photo

    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

    Author Photo

    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Human Authorship Is Still Central To Copyright Eligibility

    Author Photo

    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

    Author Photo

    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

    Author Photo

    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

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.