Intellectual Property

  • July 02, 2026

    7-Eleven Says New Nike Shoes Copy Its Tricolor Design

    7-Eleven has accused Nike of swiping its distinctive orange, green and red stripe design for a new shoe it plans to release on July 11 — or 7/11 — according to a suit filed in New York federal court.

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    Apple Says YouTube AI Scraping Suit Fails Under DMCA

    Apple Inc. is coming out swinging against a proposed class action brought by a group of YouTube creators accusing it of violating the Digital Millennium Copyright Act by scraping millions of copyrighted videos to train large language model products, telling the California federal court that the creators are suing under the wrong part of the law.

  • July 02, 2026

    HP, Dell, Asus Prove License To Beat Infringement Claims

    HP Inc., Dell Technologies Inc. and ASUSTeK Computer Inc. have implied licenses to LiTL LLC's portable computer patents, a judge in Delaware federal court concluded, freeing them from infringement allegations.

  • July 02, 2026

    Coffee Bean's 200-Store S. Korean Franchisee Must Arbitrate

    The exclusive Coffee Bean & Tea Leaf franchisee in South Korea must arbitrate claims that the brand's international franchisor cut corners, diminished product quality and engaged in bad faith business tactics harming its 200 stores, a California federal judge said Wednesday, citing arbitration provisions in the parties' franchise agreements.

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Ex-USPTO Deputy Nominated For World IP Org Leadership

    Laura Peter, who served as U.S. Patent and Trademark Office deputy director under the first Trump administration, has been nominated for the role of deputy director general of the World Intellectual Property Organization's patents and technology sector, the USPTO announced Thursday.

  • July 02, 2026

    USPTO Snubs Avalanche's Deficiency Payments For Chip IP

    The U.S. Patent and Trademark Office has declined to accept fee deficiency payments from Avalanche Technology Inc. on four patents covering memory chips after a judge at the U.S. International Trade Commission turned down a rival's request to toss an infringement case based on uncertainty over whether the office would accept the fees.

  • July 02, 2026

    Amicus Briefs Split On 9th Circ. Copyright Test In Tattoo Case

    Music labels, writers, photographers and copyright scholars are urging the Ninth Circuit to use the en banc rehearing in Kat Von D's Miles Davis tattoo fight to rework its substantial similarity test, though their amicus briefs are split over whether the court should discard the test entirely or refine it.

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Fed. Circ. Won't Restore Doctor's Intubation Patent Suit

    The Federal Circuit on Thursday declined to give a doctor another chance to pursue a suit against medical supplies company Teleflex Medical Inc. alleging infringement of a patent covering a laryngoscope used to intubate a patient, affirming the claim construction of a lower court.

  • July 02, 2026

    Anthropic Says Abnormal AI Copied Its Logo In TM Suit

    Anthropic PBC has slapped Abnormal AI with a trademark infringement lawsuit in California federal court, claiming cybersecurity company Abnormal's 2025 rebrand copied Anthropic's slash-style logo and animated logo transitions, causing confusion among customers.

  • July 02, 2026

    Fed. Circ. Agrees Alice Ends Website Creation Patent Suit

    The Federal Circuit on Thursday refused to revive a lawsuit accusing marketing software company HighLevel Inc. of infringing a pair of website-generation patents, agreeing with a Delaware federal court's finding that the claims at issue in the patents were invalid.

  • July 02, 2026

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.

  • July 01, 2026

    FTC Says Distorting AI Outputs To Follow State Laws Won't Fly

    Companies that "alter or steer" the outputs of artificial intelligence models to comply with legislation in Colorado and other states that aim to regulate the use of the emerging technology risk deceiving consumers and facing federal enforcement, the Federal Trade Commission warned in a proposed policy statement released Wednesday.

  • July 01, 2026

    7th Circ. Questions Contempt On Hytera Radio Redesign

    A Seventh Circuit panel seemed unsure Wednesday that a district court correctly found Motorola Solutions Inc. entitled to a cut of Hytera Communications Corp. Ltd.'s sales of redesigned mobile radios under a 2022 royalty order entered after a jury found Hytera liable for trade secret theft.

  • July 01, 2026

    3 Federal Circuit Clashes To Watch In July

    A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

  • July 01, 2026

    Gilead Owed $68M In Counterfeit Case, Magistrate Judge Says

    A New York federal magistrate judge has recommended awarding $68 million to biopharmaceutical company Gilead Sciences Inc. from a group of companies it accused of producing counterfeit HIV drugs that never answered the allegations.

  • July 01, 2026

    Amgen Wins Order Blocking Colorado's Enbrel Price Cap

    Colorado is preliminarily blocked from enforcing its price cap on Amgen's rheumatoid arthritis drug Enbrel, a federal judge ruled Wednesday, saying the biotech company is likely to succeed on its claim that federal patent law preempts the state's effort to limit the price of patented medications.

  • July 01, 2026

    LSD Treatment Trade Secrets Suit Fails For Lack Of Specifics

    A Delaware federal judge on Wednesday dismissed a biotech company's suit alleging a rival stole trade secrets regarding clinical trials of LSD treatments for psychiatric disorders, saying the trade secrets had not been described with enough specificity.

  • July 01, 2026

    MGA Beats Rapper T.I.'s Bid For $125M In Punitive Damages

    A California federal jury found Wednesday that MGA Entertainment owes no punitive damages for misappropriating looks from the OMG Girlz singing group created by rapper T.I. and his wife Tameka Harris, wrapping another chapter in a six-year legal battle in which the couple sought up to $125 million in punitive damages. 

  • July 01, 2026

    Microsoft Brass Face Investor Suit Over AI Business Hype

    A Microsoft Corp. shareholder has launched a derivative suit against the company's top brass, claiming they misled shareholders about the company's artificial intelligence business strategy and products, and caused it to violate copyright and intellectual property laws by "training its AI software on copyrighted works for which it did not possess lawful licenses."

  • July 01, 2026

    Fubo Faces Adeia Streaming Patent Suit In Del.

    Adeia Media Holdings on Wednesday sued FuboTV in Delaware federal court alleging the sports streaming venture infringed four of its patents, months after the patent owner announced a deal to end infringement litigation against Fubo's controlling company Disney.

  • July 01, 2026

    Zillow Loses Bid To Exit IBM Sign-On Tech Patent Suit

    A Washington federal judge has refused to let Zillow out of IBM's lawsuit accusing the online real estate marketplace company of infringing a user sign-on patent, rejecting Zillow's argument that the company's processes weren't covered by what the patent requires.

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

Expert Analysis

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

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    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

  • 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.

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