Intellectual Property

  • June 08, 2026

    AIPLA, NAM Rally Behind Moderna's Fight Over Vax Patents

    The American Intellectual Property Law Association, National Association of Manufacturers and others urged the Federal Circuit to undo a lower court's ruling that Moderna, and not the government, must face a multibillion-dollar patent infringement suit over its COVID-19 vaccine.

  • June 08, 2026

    USPTO Clamping Down Reexam Bids After IPR Denials

    A U.S. Patent and Trademark Office decision denying a request for ex parte reexamination of a patent because it reused arguments from an inter partes review that was discretionarily denied sends a clear message that the office wants challengers to pick one of the two options, attorneys say.

  • June 08, 2026

    8th Circ. Backs SD Forum For Deadwood Tobacco TM Suit

    Cigar manufacturer Drew Estate and the creator of the Deadwood cigar line must take their trademark infringement suit against a South Dakota retailer to state court, the Eighth Circuit ruled on Monday, saying the dispute arises out of a stock purchase agreement that contains a binding forum selection clause.

  • June 08, 2026

    Judge Awards $2.2M In Sanctions In $500M Miss America Spat

    A Florida businessman who claims that he owns the Miss America pageant and his attorney were ordered Monday to pay $2.2 million in sanctions for submitting fraudulent documents in a $500 million dispute over ownership of the pageant and using them to put the company into bankruptcy.

  • June 08, 2026

    Game Co. Calls Out Rival's $1.4B Damages Enhancement Bid

    Mobile game company Papaya Gaming Ltd. has asked a Manhattan federal judge to deny rival Skillz Platform Inc.'s request for a $420 million jury verdict based on false advertising claims to be boosted to $1.4 billion, saying the amount is unprecedented and far greater than Papaya's profits over the entire period relevant to the case.

  • June 08, 2026

    Calif. Judge Sides With Apple In Screen Sliding Patent Fight

    A California federal judge on Monday sided with Apple's assertion that a Swedish smartphone company's swipe-to-unlock patent lacks a valid written description, invalidating the patent owner's infringement claim.

  • June 08, 2026

    Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

    The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.

  • June 08, 2026

    Archer Can't Ditch Trimmed Joby Air Taxi Trade Secrets Suit

    A California federal judge has said Joby Aviation can forge ahead with a pared-down lawsuit alleging rival electric air taxi developer Archer Aviation misappropriated its trade secrets, but has tossed Archer's "shotgun pleadings" counterclaims alleging Joby misclassified imports to evade tariffs and concealed its China ties.

  • June 08, 2026

    Warranty Seller Wins Injunction For Rival's Deceptive Calls

    An Illinois federal judge has enjoined a Chicago-area extended auto warranty service's rival from violating trademark and competition laws in a dispute over its allegedly deceptive customer calls and web impersonation, saying the company is likely to prove the conduct was illegal.

  • June 08, 2026

    Fed. Circ. Upholds Apple PTAB Win In Voice Recognition Case

    The Federal Circuit on Monday refused to revive claims in a Zentian Ltd. patent related to voice recognition technology, backing a split Patent Trial and Appeal Board decision in favor of Apple.

  • June 08, 2026

    Shoals Solar Patent Dispute Kept Alive By NC Court

    A North Carolina federal court has refused to find that three Shoals Technologies Group solar energy patents were unenforceable in the company's infringement suit but said the court would keep certain issues in mind should the case result in a damages verdict.

  • June 08, 2026

    Epic Games Skirts TM Suit Over Fortnite Messaging Tech

    A North Carolina federal judge ended a patent dispute between a California technology company and Fortnite-maker Epic Games Inc., finding that patent claims related to the game's player-to-player messaging options were directed to an "abstract idea" under U.S. Supreme Court precedent.

  • June 08, 2026

    High Court Ruling Won't Back Winery TM Win, 2nd Circ. Says

    The Second Circuit Monday vacated a $1.3 million judgment against a California winery in a trademark dispute brought by an Italian winemaker, rejecting a district judge's order holding that the U.S. Supreme Court's B&B Hardware decision blocked relitigation of a Trademark Trial and Appeal Board ruling.

  • June 08, 2026

    Womble Bond Adds Alston & Bird Patent Atty To IP Team

    Womble Bond Dickinson has brought on an Alston & Bird LLP partner to its Atlanta office, strengthening its patent prosecution and litigation practice.

  • June 08, 2026

    ITC Probing Amazon Smart Devices For AI Patent Infringement

    The U.S. International Trade Commission will investigate claims by artificial intelligence company Cerence AI that Amazon's smart devices infringe a collection of patents and thus should be subject to a limited exclusion order.

  • June 08, 2026

    Roche To Pay Nurix Up To $2.3B In Cancer Drug Deal

    Swiss healthcare giant Roche said Monday that it will pay U.S. biopharmaceutical company Nurix up to $2.3 billion to codevelop and sell a therapy being developed to treat certain cancers and autoimmune diseases through targeted protein degradation.

  • June 05, 2026

    Fed. Circ. Asks If Co. Argued Capability Equals Infringement

    The Federal Circuit appeared to have doubts Friday morning about patent-licensing outfit PACT XPP Schweiz's position it had argued below that an Intel product could violate its patent even if it never performed an infringing action but was capable of doing so.

  • June 05, 2026

    Streamer's 'Lazy Reaction' Video May Be Fair Use, Judge Says

    A California federal judge said Friday he is inclined to toss a YouTube creator's copyright suit over a Twitch user's livestreamed response to a documentary, finding that what the plaintiff characterized as "lazy reaction" content that siphoned views from the original work is covered by fair use because of the defendant's real-time criticism, commentary and mockery.

  • June 05, 2026

    Chinese Co. Barred From Claiming Connection To Olympics

    A Chinese company and affiliates were blocked by a California federal court judge from using trademarks associated with the Olympics or claiming to have any affiliation with the games, after the International Olympic Committee claimed they were falsely using marks to sell products with purported health benefits.

  • June 05, 2026

    Fed. Circ. Unsure Where State 'Bad Faith' Patent Cases Belong

    At arguments Friday in a dispute between Micron Technology Inc. and Netlist Inc., a Federal Circuit panel appeared uncertain whether suits under state laws against "bad faith" patent infringement claims belong in state or federal courts, analyzing the impact on patent law of each approach.

  • June 05, 2026

    Fed. Circ. Thinking About EcoFactor In TP-Link's $38M Appeal

    A Federal Circuit panel on Friday seemed skeptical of a challenge by a pair of wireless networking device companies to the damages calculation supporting a $37.5 million patent infringement verdict against them, with one judge wondering if the court's EcoFactor decision did not "clean up" the issue of damages experts.

  • June 05, 2026

    Musicians Say UMG, Warner Stiffed Them On AI Licensing

    The American Federation of Musicians of the United States and Canada claims Universal Music Group and Warner Music Group violated its members' collective bargaining agreement by licensing sound recordings to two artificial intelligence companies without compensating the musicians involved, according to a lawsuit filed Friday in New York federal court.

  • June 05, 2026

    GOP Lawmakers Target China With 2 Patent Bills

    Republican lawmakers are floating a pair of bills that would block anyone who is considered a national security threat from gaining a U.S. patent and require anyone with connections to "foreign adversaries" to list the association on an application.

  • June 05, 2026

    Judge Rejects Objectors' Bid For More Equity In NIL Proposal

    A California federal magistrate judge has turned down a group of athletes' objection to a proposed addition to the $2.78 billion settlement with the NCAA that the group said would disproportionately benefit men in major revenue college sports.

  • June 05, 2026

    TelevisaUnivision Sues To Stop Pirated World Cup Streams

    TelevisaUnivision sued several online streaming services Thursday, asking a Florida federal court to shut down plans to pirate the Spanish-language media company's exclusive broadcasts of the upcoming FIFA World Cup.

Expert Analysis

  • Submitting Ideas To AI Platforms May Affect Patent Rights

    Author Photo

    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

    Author Photo

    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.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

    Author Photo

    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • DTSA Data Shows Hidden Value Of Ex Parte Seizure Filings

    Author Photo

    Ten years of Defend Trade Secrets Act data indicate that although there is a low success rate for civil seizure applications, intellectual property litigators should continue filing them anyway in order to better their odds of obtaining other provisional relief, say attorneys at Reed Smith.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

    Author Photo

    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

    Author Photo

    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

    Author Photo

    In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

    Author Photo

    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

    Author Photo

    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

    Author Photo

    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

    Author Photo

    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Exploring The Legal Gray Area Around AI Voices In Music

    Author Photo

    The growing prevalence of AI music on online platforms highlights unique legal questions and ambiguities surrounding the usage of artificial intelligence to create accurate voice clones of existing singers, says Michael Maicher at Volpe Koenig.

  • 3 AI Adoption Mistakes GCs Should Avoid

    Author Photo

    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Framing AI Risk Management In The Art World

    Author Photo

    With gallery professionals indicating a widening gap between operational adoption of artificial intelligence and cultural acceptance of AI as an art medium, certain intellectual property, privacy and governance considerations are becoming critical for art industry stakeholders, say attorneys at Holland & Knight.

  • Series

    Playing Basketball Makes Me A Better Lawyer

    Author Photo

    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

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.