Intellectual Property

  • 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.

  • July 01, 2026

    4 Mass. Rulings You May Have Missed In June

    An advisory firm's failure to register as a broker before diving into work on a $2.1 billion take-private deal last year has cost it, while emails and text messages took center stage in several other disputes pending in Massachusetts state court in June.

  • July 01, 2026

    Fed. Circ. OKs Rejection Of 'Mon Ami' Dog Treat TMs

    The Federal Circuit on Wednesday refused to revive a bid to register "Mon Ami" as trademarks for dog treats, agreeing with the Trademark Trial and Appeal Board's finding that the marks were too similar to an earlier mark.

  • July 01, 2026

    WilmerHale Trade Secrets Litigation Co-Lead Joins Debevoise

    San Francisco-based litigator Joshua H. Lerner has left his job as co-chair of WilmerHale's trade secrets litigation practice to join Debevoise & Plimpton LLP as a partner, the firm announced Wednesday.

  • July 01, 2026

    IT Firm Seeks To Enforce Noncompete Against Ex-Sales Chief

    Massachusetts IT management company Coretelligent has asked a state judge to block its former chief revenue officer from starting a new, nearly identical job with a rival firm, saying the move violates a noncompete.

  • June 30, 2026

    MGA Asks Trial Judge To End TI's Punitive Damages Claim

    MGA urged a California federal judge Tuesday to end the punitive damages trial in its intellectual property dispute with Tameka Harris and rapper T.I., arguing ahead of closing arguments the Harrises presented no evidence that MGA or its CEO intentionally misappropriated the looks of their girl group when designing dolls.

  • June 30, 2026

    Pot Co. Fights To Keep Defamation Claims Against Atty Alive

    A Montana intellectual property attorney and his wife shouldn't be allowed to escape a cannabis cultivator's defamation lawsuit accusing them of posting falsehoods on social media, the company told a federal court, saying it could prove the posts were lies and resulted in $700,000 in losses.

  • June 30, 2026

    ITC Funding Disclosure Rule Mostly Draws Support

    The U.S. International Trade Commission's proposal to require litigation funding disclosures in intellectual property investigations received near-universal approval from those who provided feedback, receiving pushback only from an organization representing litigation funders and a nonpracticing entity.

  • June 30, 2026

    Authors Ask Calif. Court For Win In AI Training Copyright Case

    Several authors suing artificial intelligence firms Databricks and Mosaic ML have asked a California federal judge for a favorable ruling on their claims of direct copyright infringement for what they say was the mass ingestion of their works for AI training, saying the companies' conduct was "undoubtedly substitutive and plainly harmed the market" for their books.

Expert Analysis

  • Why The Road To Final Four Runs Through The Courthouse

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    As universities navigate a new college sports landscape in which courts decide eligibility, injunctions shape rosters and contract precision determines competitive stability, they should professionalize their NIL contracting, plan for emergency relief, and prepare for eligibility and damages disputes, say attorneys at Seyfarth.

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Winter Olympics Put The Spotlight On IP Issues

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    This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Trial Advocacy Lessons From 3 Oscar-Nominated Films

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    Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

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    Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.

  • Opinion

    Fed. Circ. Must Bury Design Patent Doctrinal Zombies

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    After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

  • Why La. Ruling May Open NIL Deals For Int'l Student-Athletes

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    A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.

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