Intellectual Property

  • August 06, 2026

    Sherwin-Williams Unable To Can Co.'s Fireproof False Ad Suit

    Sherwin-Williams must face claims it falsely advertised its Firetex coating as being able to achieve substantial fire resistance in fewer coats than rival brands' products, causing a competitor's sales to slump, a Missouri federal judge ruled, saying the paint giant's marketing was not mere puffery.

  • August 06, 2026

    NYT, Daily News Blocked From Recasting Some AI Claims

    A New York federal judge shot down bids from the New York Times and New York Daily News to amend their contributory infringement claims against Microsoft Corp. in a suit alleging that copyrighted content was used to train artificial intelligence.

  • August 06, 2026

    Judge Certifies Disney 'Toy Story 3' TM Fight For Appeal

    A California federal judge has certified for interlocutory appeal a ruling refusing to dismiss trademark claims over the "Toy Story 3" character Lotso, saying the long-running case raises an unresolved question about whether corporate affiliates' merchandising can deprive movie distributors of First Amendment protection for a character name used onscreen.

  • August 06, 2026

    Ohio Judge Tosses DSW Suit Against Sony In Copyright Fight

    An Ohio federal judge has tossed shoe retailer DSW's suit seeking an order that it doesn't infringe Sony Music Entertainment's copyrights, finding it was an anticipatory filing that has to yield to Sony's own infringement suit in California.

  • August 06, 2026

    ITC Blocks Altria Infringement Theory In Juul Vape Case

    The U.S. International Trade Commission has upheld a judge's ruling that Altria cannot raise its primary infringement theory in a vape patent case against rival Juul Labs, finding that the issue had already been resolved in a prior case where the ITC cleared Juul on different patents.

  • August 06, 2026

    Judge OKs $35M Teva Deal In Delayed Generic Inhalers Suit

    A Massachusetts federal judge has approved an antitrust settlement that will see Teva Pharmaceuticals pay $35 million to resolve claims that it schemed to delay generic competition for its QVAR asthma inhalers.

  • August 06, 2026

    2025 Patent Litigation: A Year In Review

    The number of patent infringement lawsuits soared in 2025 as patent owners saw their fortunes change at the Patent Trial and Appeal Board, where petitioners filed significantly fewer America Invents Act challenges. Meanwhile, most patent infringement suits were brought in the Eastern District of Texas, which had considerably more filings than the Western District.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Deal Reached In Jump Starter Patent Case On Eve Of Trial

    A settlement was reached in The Noco Co.'s patent suit against Winplus North America Inc. over portable battery jump starters that was set for trial on Friday, but Noco told the court Wednesday that it still intends to appeal a summary judgment ruling in the case.

  • August 05, 2026

    Takeda Says Rebates, Subsidies Cut $885M IBS Drug Verdict

    Takeda Pharmaceuticals battled with a class of health plans over whether a Massachusetts federal jury's $885 million antitrust verdict against the drugmaker for conspiring to delay generic competition to anticonstipation drug Amitiza should be reduced by rebates the drugmaker paid and Medicare subsidies that reduced the health plans' costs.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Judge Tosses 'Free' Wi-Fi Calling Fraud Claim Against Carriers

    A D.C. federal judge blasted a Wi-Fi-calling patent holder's antitrust and RICO suit against the major telecom carriers in court Wednesday, dismissing claims that the carriers misled consumers about their Wi-Fi calling offerings, but he did give the plaintiff a chance to refile its antitrust complaint.

  • August 05, 2026

    Shipcom Says Navy Sub Worked Outside Approved Orders

    Shipcom Federal Solutions LLC asked a Texas federal court to toss a lawsuit seeking to recover nearly $4.6 million for products and services delivered for a U.S. Navy project, saying its subcontractor is attempting to escape responsibility for its own actions.

  • August 05, 2026

    Graphic Designer Agrees To End $31M Brewery Logo Suit

    A long-running dispute over the ownership of Atlanta-based SweetWater Brewing's leaping trout logo came to an end Wednesday, with the logo's creator agreeing to drop his suit alleging the brewery continued using it without permission after a $366 million acquisition by Aphria Inc. in 2020.

  • August 05, 2026

    Judge Backs Magistrate Judge's Order On 3rd-Party NIL Deals

    A California federal judge said she won't reverse a magistrate judge's decision rejecting a bid by college athletes seeking to limit oversight of third-party name, image and likeness deals under their landmark $2.78 billion class settlement with the NCAA.

  • August 05, 2026

    Aetna, Others Hit Pharma Cos. With Xifaxan Pay-To-Delay Suit

    Health insurance companies Aetna Inc., Health Care Service Corp. and Molina Inc. have sued multiple pharmaceutical companies in Pennsylvania state court in Pittsburgh, alleging that the defendants conspired to delay the release of generic versions of the irritable bowel syndrome drug Xifaxan, in violation of antitrust laws.

  • August 05, 2026

    These Firms Are Picking Up The Most PTAB Work

    Intellectual property heavyweight Fish & Richardson PC remains the busiest firm in front of the Patent Trial and Appeal Board, as it again secured the top spot on a list of firms with the most PTAB trials over the past three years.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef

    A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."

  • August 05, 2026

    Revive Rx Can't End Eli Lilly's Suit Over Tirzepatide Drugs

    A Texas federal judge has denied Revive Rx's bid to end Eli Lilly and Co.'s remaining unfair competition claims over the compounding pharmacy's sales of allegedly unapproved tirzepatide weight loss drugs that Eli Lilly says compete with Mounjaro and Zepbound, rejecting Revive's argument that compounded drugs fall outside state "new drug" laws.

  • August 05, 2026

    PTAB Filings Crashed After Squires And Stewart's Shake-Ups

    The number of America Invents Act filings with the Patent Trial and Appeal Board cratered at the end of 2025 after the U.S. Patent and Trademark Office enacted policies that made the petitions a disfavored route for challenging patents, according to a new report.

  • August 05, 2026

    Fed. Circ. Told Injunction Against Samsung Is Warranted

    Collision Communications Inc. wants the Federal Circuit to undo a Texas federal judge's decision denying its bid to block Samsung from selling products a jury found were infringing, saying the judge "went inexplicably astray" following the $445 million verdict.

  • August 05, 2026

    Brown Rudnick Adds 34 Attys, Will Open Silicon Valley Office

    Brown Rudnick LLP announced on Wednesday that it had lured a 34-attorney intellectual property litigation group from Herbert Smith Freehills Kramer LLP and would be opening a Silicon Valley office with many of those lawyers.

  • August 04, 2026

    Callaway Must Face Rival Golf Co.'s False Ad Suit, Judge Says

    TaylorMade Golf can proceed with a suit alleging TopGolf Callaway tricked customers into thinking it had superior golf balls through misleading UV light demonstrations and misinformation campaigns, a California federal judge said Tuesday, finding TaylorMade sufficiently alleged TopGolf engaged in dishonest advertising that instilled false product quality information.

Expert Analysis

  • Series

    Officiating Football Makes Me A Better Lawyer

    Author Photo

    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Cos. Must Update Protocols To Protect Trade Secrets From AI

    Author Photo

    A recent data exposure incident at Meta shows how artificial intelligence agents present a novel trade secret threat, which should be addressed by a proactive overhaul of companies' reasonable-measures framework, says Eric Ostroff at Meland Budwick.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

    Author Photo

    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • At The Fed. Circ., Means-Plus-Function Is Not Quite Dead

    Author Photo

    Recent Federal Circuit opinions confirm that means-plus-function claims continue to be drafted, issued, litigated and even infringed — but minding the restrictions imposed over the years by courts and statute requires three steps, says Jay Yates at Patterson & Sheridan.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

    Author Photo

    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Opinion

    USPTO Should Let Inventors Valuate Patents In Prosecution

    Author Photo

    By building patent valuation into the application process, rather than waiting until potential litigation years down the line, the U.S. Patent and Trademark Office would streamline the process for inventors protecting and enforcing their patents, says John Powers at Powers IP.

  • 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.

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.