Intellectual Property

  • 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.

  • June 30, 2026

    Cremation Memorial Biz Says Colo. Company Copied Patent

    A New Mexico company that appeared on Shark Tank that turns the ashes of people's loved ones into stones claimed in Colorado federal court Monday that a rival company stole its trademarked product.

  • June 30, 2026

    ITC's Longest-Serving Judge Plans To Depart

    MaryJoan McNamara, the U.S. International Trade Commission's longest-tenured administrative law judge, plans to step down from her post, according to people familiar with the decision.

  • June 30, 2026

    Ex-Google Engineer Can't Undo Trade Secrets Conviction

    A California federal judge rejected a former Google engineer's argument that prosecutors withheld proper notice of their trade secrets charges by burying him in paper, saying this happened only because he misappropriated "such a large volume of documents."

  • June 30, 2026

    Cellspin Settles Challenges To Its Patents At PTAB

    Three companies that challenged a series of Cellspin Soft Inc. patents for publishing data on websites have settled their disputes at the Patent Trial and Appeal Board after the board agreed to review the patents earlier this year.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    SAG-AFTRA Wants House Panel To Advance AI Deepfakes Bill

    The president of actors union SAG-AFTRA spoke to a congressional subcommittee Tuesday to press the need for a bill to allow for the removal of deepfakes from the internet, framing the advent of digital replicas of people as a fundamental alteration in the methods of human interaction that cannot be ignored by lawmakers.

  • June 30, 2026

    ResMed Gets PTAB To Ax 1 Out Of 2 Sleep Apnea Patents

    The Patent Trial and Appeal Board has found that ResMed Corp. was able to prove claims in a Cleveland Medical Devices Inc. sleep apnea patent were invalid, but failed to prove the same on claims in another patent.

  • June 30, 2026

    Judge Rejects Uber's Bid To Strike Location Tracking Patents

    A California federal court has declined to invalidate a pair of location tracking technology patents asserted against Uber Technologies Inc., disagreeing with the company's claims that the patents are abstract and finding instead that each covers a "technical solution to a technical problem."

  • June 30, 2026

    Roberto Clemente's Sons Ask Justices To Review TM Dispute

    The family of baseball legend Roberto Clemente wants the U.S. Supreme Court to decide whether governments can appropriate trademarks without triggering automatic compensation after the First Circuit rejected claims stemming from Puerto Rico's use of Clemente's name and likeness on license plates and vehicle tags.

  • June 30, 2026

    Investor Sues In Chancery Over Alleged Sham Freeze-Out

    A minority investor in a medical technology company has sued its controlling stockholder in Delaware Chancery Court, accusing him of engineering a sham freeze-out merger that eliminated minority investors for pennies while diverting valuable intellectual property into companies he controlled.

  • June 30, 2026

    MLB Called Out On 'Play Ball' TM Attempt

    The U.S. Patent and Trademark Office has told Major League Baseball that the phrase "play ball" is too "commonplace" and "widely used" to be trademarked, denying its request but leaving an opening for appeal or reconsideration.

  • June 30, 2026

    Gordon Rees Adds 8 Partners In Northern California

    Gordon Rees Scully Mansukhani LLP has expanded its offices in Northern California with eight new partners who have expertise in multiple practice areas, a firm spokesperson told Law360 Pulse on Tuesday.

  • June 30, 2026

    ITC Opens Patent Probe Into Chinese Protein Testing Co.

    The U.S. International Trade Commission said it has opened an investigation into a U.S. biotechnology company's claim that a Chinese company is importing and selling kits and other technology in the U.S. that infringe patents related to testing the proteins in genomes.

  • June 30, 2026

    Trump Loses Bid To Remove Copyright Office Leader For Now

    The U.S. Supreme Court on Tuesday refused to let the Trump administration remove U.S. Copyright Office leader Shira Perlmutter for now, leaving in place a D.C. Circuit order that allows her to keep leading the office while her lawsuit challenging her firing proceeds.

  • June 29, 2026

    Moving Organizer Disputes Poaching Claims After Fallout

    A Connecticut federal judge on Monday probed the line between two overlapping trades because a disputed noncompete contract doesn't define either one, hoping to understand a moving company's arguments that a woman it once allegedly described as a partner poached clients, employees and intellectual property before relaunching her own company.

  • June 29, 2026

    Argentine Singer Says Universal Illegally Distributed His Music

    Universal Music Group NV wrongly assumed it still owned the rights to distribute an Argentine singer's music after the termination of a distribution agreement, the singer told a Florida federal court Monday, saying UMG interfered in his contract with a new record label and owes him unpaid royalties.

Expert Analysis

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Defense Patent Holiday's Real Prize May Be Collab Potential

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    The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 10 US Patent Pressure Points For EU Life Sciences Cos.

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    U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.

  • And Now A Word From The Panel: An MDL Realignment

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    With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • Data Center Boom Brings New Patent Risk For Owners

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    As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • New USPTO Procedure May Be A Boon For Patent Owners

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    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Submitting Ideas To AI Platforms May Affect Patent Rights

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    Recent judicial developments suggest that disclosing an invention to a consumer artificial intelligence platform constitutes public disclosure, making disciplined use of such tools and early filing strategies essential to preserving patent rights, say attorneys at Day Pitney.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

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