Intellectual Property

  • 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.

  • April 30, 2026

    7th Circ. Backs Minimal $2K Damages In Counterfeiting Case

    The Seventh Circuit has agreed with a lower court that an online clothing retailer's minimal damages of $2,000 against a company found liable for willful counterfeiting and cybersquatting should not be boosted to $2.1 million, saying obtaining a default judgment was not enough on its own to support an increase.

  • April 30, 2026

    NC Biz Court Bulletin: Corporate Raid, MV Realty Settlement

    A major case settled in the North Carolina Business Court in April as new lawsuits emerged, including a complaint by health information technology company IQVIA Holdings Inc. accusing its former top brass of orchestrating a corporate raid and defecting to a competitor. In case you missed this story and others, here are the highlights.

  • April 30, 2026

    Buchalter Adds Engineer Turned Patent Atty From Mintz

    Buchalter PC announced Wednesday that it has welcomed an engineer-turned-lawyer to its Los Angeles and San Francisco offices, touting her long-standing experience as a patent litigator and registered patent attorney.

  • April 30, 2026

    Federal Circuit Upholds Google Win In Targeted Ad PTAB Case

    The Federal Circuit on Thursday refused to undo Google's successful invalidation of claims in a targeted advertising patent owned by tech company Wildseed Mobile LLC, backing the Patent Trial and Appeal Board's finding that they were obvious.

  • April 29, 2026

    Longford Pushes To Confirm $32M Patent Pact Award

    Litigation funder Longford Capital is urging a Texas federal court to enforce a $32.3 million arbitral award issued after a patent monetization firm allegedly diverted its share of a settlement to an offshore bank account, calling the firm's allegations of arbitrator corruption and misconduct "baseless."

  • April 29, 2026

    Fed. Circ. Revives FedEx Patents But Limits RPI Appeals

    The Federal Circuit told the Patent Trial and Appeal Board on Wednesday to reconsider invalidating FedEx Corp. shipment monitoring patents challenged by Qualcomm Inc., while also making clear when real party in interest decisions can't be appealed.

  • April 29, 2026

    WordPress Judge Calls Deleted Message Claims 'Concerning'

    A federal magistrate judge overseeing discovery in an antitrust lawsuit against WordPress parent Automattic Inc. and its CEO Matthew Mullenweg said plaintiff WPEngine Inc. "plausibly contends" Mullenweg "deleted relevant documents or allowed such documents to be deleted after an obligation to preserve was triggered."

  • April 29, 2026

    Lions' Williams Files NIL Suit Against NCAA, Big Ten, SEC

    Detroit Lions wide receiver Jameson Williams has sued the NCAA, the Big Ten Conference and the Southeastern Conference in California state court alleging they illegally profited off his name, image and likeness during his time as a star collegiate player that helped them secure multibillion-dollar media contracts while paying him "zero."

  • April 29, 2026

    High Court Seeks Path To Limited Ruling On 'Skinny Labels'

    The U.S. Supreme Court on Wednesday appeared reluctant to craft new standards for deciding whether makers of generic drugs that use so-called skinny labels have encouraged others to infringe patents, with several justices saying existing law is sufficient to make a decision.

  • April 29, 2026

    Deloitte Can't Duck Bulk Of Vax Software Theft Suit

    Deloitte must face an inventor's trade secrets misappropriation claims accusing the consulting giant of ripping off her firm's proprietary vaccination management system and securing a multimillion-dollar government contract to track the rollout of COVID-19 vaccines.

  • April 29, 2026

    Shein Escapes Claims In Brandy Melville IP Suit

    A California federal judge has tossed trademark infringement and unfair competition claims from Brandy Melville's lawsuit accusing the online ultra-fast fashion giant Shein of selling Brandy Melville copycat clothing and even using the brand's photos, ruling the Copyright Act preempts the two claims.

  • April 29, 2026

    Infowars Parent Says The Onion IP Deal Would Gut Asset Value

    The company behind Alex Jones' conspiracy website Infowars has asked a Texas appeals court to block a receiver from leasing its intellectual property and internet domain for $81,000 a month to a corporation linked to satire website The Onion.

  • April 29, 2026

    Squires Snubs 10 IPRs While 4 Pass Muster In Latest Order

    U.S. Patent and Trademark Office Director John Squires rejected 10 petitions for America Invents Act patent reviews and granted four challenges in an order marking the roughly half-year mark since he took over the duty of making institution decisions.

  • April 29, 2026

    Squires Says Samsung's ITC Stipulation Can't Save Its IPRs

    U.S. Patent and Trademark Office Director John Squires said he denied Samsung's challenges to a Netlist memory module patent in light of a similar legal fight at the U.S. International Trade Commission and the timing of final decisions in both forums.

Expert Analysis

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Fed. Circ. In Jan.: On The Validity Of Expert Testimony

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    The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.

  • Reel Justice: 'Sentimental Value' And Witness Anxiety

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    "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • An Instructive Reminder On Appealing ITC Determinations

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    A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

  • Clarifying A Persistent Misconception About Settlement Talks

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    An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

  • Opinion

    Federal Preemption In AI And Robotics Is Essential

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    Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

  • Series

    Law School's Missed Lessons: What Cross-Selling Truly Takes

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    Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

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