Intellectual Property

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    Fla. Bar Seeks Protective Order Against Suspended Atty

    The Florida Bar has asked the state's highest court for a protective order to "substantially" limit a suspended lawyer's "unduly burdensome" and "excessive" initial request for production of documents in a protracted disciplinary proceeding.

  • September 01, 2026

    Judge Albright Joins A&O Shearman In Austin

    Former U.S. District Judge Alan Albright has returned to private practice, joining Allen Overy Shearman Sterling as a partner in its intellectual property litigation team in Austin, Texas, the firm said Tuesday.

  • August 31, 2026

    Apple Can't Shake Fintech Co.'s Trade Secret, RICO Suit

    A Georgia federal judge on Monday denied Apple's motion to dismiss Fintiv's trade secrets and racketeering litigation, finding the fintech company plausibly alleges that Apple stole its trade secrets and encouraged credit card issuers and payment processors to promote the false message that Apple created the technology behind Apple Pay.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

  • August 31, 2026

    Defamation Litigation Roundup: NYT, J&J, Azerbaijan

    In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

  • August 31, 2026

    Judge Trims Claims In Insurance Software Trade Secret Case

    A federal judge in Chicago on Monday issued a mixed ruling in a case brought by a company that makes insurance agency management software against a rival that it claims created a fake insurance company to steal trade secrets, dismissing some claims but preserving others for trade secret misappropriation and violations of the Computer Fraud and Abuse Act.

  • August 31, 2026

    Ford, Bronco Builder Rev Up TM Fight Over Custom Builds

    Ford Motor Co. and a custom Bronco builder are trying to pare down their trademark fight in dueling summary judgment bids, with Ford targeting defenses to its claims over Bronco-inspired SUVs and the defendants accusing the automaker of improperly renewing its Bronco registration while the model was out of production.

  • August 31, 2026

    Fed. Circ. Upholds Block On MSN Cancer Drug In Exelixis Win

    The Federal Circuit on Monday rejected MSN Laboratories' argument that three Exelixis patents on the blockbuster cancer drug Cabometyx are invalid, while dismissing as moot an appeal on a fourth patent, a ruling Exelixis said will block MSN's generic version until 2030.

  • August 31, 2026

    Sony, Warner Music Sue Anthropic Over 'Brazen' IP Theft

    Sony Music and Warner Chappell Music have accused Anthropic in California federal court of carrying out a "brazen campaign" of musical composition theft, alleging the Claude-maker stole lyrics and sheet music by scraping websites, exploiting datasets and "destructively scanning" physical copies of copyrighted music.

  • August 31, 2026

    Juul Sublicense Ends Reynolds' Altria Vape Royalty Tab

    A sublicensing agreement between R.J. Reynolds Vapor Co. and Juul Labs Inc. relieves Reynolds of its obligation to pay ongoing royalties to Philip Morris parent company Altria Client Services LLC after a federal jury found that Reynolds infringed Altria's vape pen design, a North Carolina federal judge has ruled.

  • August 31, 2026

    Ramey Wants Full Fed. Circ. To Reconsider $207K Sanctions

    William Ramey of Ramey LLP has urged the full Federal Circuit to review his liability for more than $207,000 in sanctions in a client's patent infringement suit against Volkswagen, arguing that his notices of appeal were faulty but still adequately identified him as a party.

  • August 31, 2026

    Kioxia Seeks To Undo 'Tainted' $229M Viasat IP Verdict

    Kioxia Corp. urged a Texas federal court Friday to throw out a $229 million patent verdict for Viasat Inc. and order a new trial or grant it a win, arguing that "numerous errors tainted the jury's award."

  • August 31, 2026

    Fed. Circ. Affirms Samsung Didn't Infringe Mobile Tech Patent

    The Federal Circuit on Monday upheld a lower court's decision to deny a new trial in a case accusing Samsung of infringing a mobile device technology patent, saying Samsung had shown "ample" evidence cutting against infringement.

  • August 31, 2026

    Ex-Blanche, Bondi Aide To Join Boies Schiller In DC

    A former chief of staff at the U.S. Attorney General's Office for both Todd Blanche and Pam Bondi is joining Boies Schiller Flexner as a partner in Washington, D.C., the firm announced Monday.

  • August 31, 2026

    Fed. Circ. OKs PTAB Axing Some SpaceTime3D Claims

    The Federal Circuit on Monday affirmed a pair of rulings from the Patent Trial and Appeal Board that found two patents and some claims in a third patent covering graphical user interface technology held by SpaceTime3D Inc. were unpatentable, siding with challenges made by Apple and Google.

  • August 31, 2026

    $60K Default Award Recommended In Book Copying Suit

    A Colorado federal magistrate judge recommended awarding a Romanian publisher $60,000 in statutory damages and permanently barring a Colorado company from infringing its copyrights in two health and wellness books, finding the infringement was willful and continued even after the company defaulted in the case.

  • August 28, 2026

    'Troubled' 7th Circ. Finds No Harm From Benesch Atty Conflict

    While "troubled" by an ex-Benesch Friedlander Coplan & Aronoff LLP partner's decision to take on a client's trade secrets suit while negotiating a move from Benesch to the defendant company's outside counsel, the Seventh Circuit agreed Friday that the displeased client cannot pursue her legal malpractice claim.

  • August 28, 2026

    Patent Marking Case Will Shape License Talks And Damages

    A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing talks and give defendants a route to limit or escape damages in some cases, attorneys say.

  • August 28, 2026

    AbbVie 'Concocted' Cancer Drug IP Claims, Biotech Firm Says

    Biotech firms ProfoundBio and Genmab urged a Seattle federal judge Thursday to throw out rival AbbVie's lawsuit accusing two of its former employees of taking trade secrets on cancer therapies to ProfoundBio, arguing AbbVie's claims are time-barred, and the information wasn't a protectable trade secret.

  • August 28, 2026

    'Friday The 13th' Creators Say Game Publisher Hid Royalties

    Creators of the "Friday the 13th" franchise alleged in a Friday suit that a video game publisher withheld up to $4.5 million in royalties from sales of a "Friday the 13th" video game that it was licensed to distribute and destroyed reports that proved how much it owed.

  • August 28, 2026

    American Airlines Can't Shake Intellectual Ventures IP Suit

    A Texas federal judge declined Friday to toss a patent infringement suit against American Airlines over in-flight Wi-Fi, finding the patent licensing company Intellectual Ventures has made enough of a case for the suit to proceed.

  • August 28, 2026

    Apple Is Infringing 5G Tech Patents, Longhorn Affiliate Says

    Apple was hit with a patent suit in Texas federal court Friday by a Longhorn IP affiliate alleging the Silicon Valley tech behemoth is infringing its innovative 5G wireless technologies that are found in some of the defendant's iPhones and iPads.

  • August 28, 2026

    Judge Upholds Robert Bosch Victory In Fuel Patent Trial

    A Texas federal judge has refused to grant a Canadian fuel system company a new trial in its patent infringement case against engineering firm Robert Bosch, saying the company had not met the high standard to overturn a jury verdict.

  • August 28, 2026

    Lamar Jackson's Post-MVP Success Can't Save 'Era 8' TM Bid

    The Trademark Trial and Appeal Board has blocked Baltimore Ravens quarterback Lamar Jackson's bid to register "Era 8 By Lamar Jackson" for clothing and bags, citing a prior default and his failure to use the mark on the bags when he filed his application.

Expert Analysis

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Coordinating Life Sciences IP Strategies In The US And EU

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    As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

  • Trademark Law As A Tool To Bolster NIL Rights Against AI

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    The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Why Biotech Cos. Need Litigation Plans Before Bad News

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    Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

  • 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

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    When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

  • 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.

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