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Intellectual Property
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Featured
IP Notebook: Nutcracker Suit, Copyright Termination, Playboy
This edition of Law360's overview of emerging copyright and trademark trends delves into a Fifth Circuit decision that tests the territorial boundaries of copyright law, and a dispute over "stream-ripping" on YouTube that has artificial intelligence companies weighing in.
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January 26, 2026
Samsung Settles Semiconductor Fight 2 Years After Jury Win
Samsung and litigation outfit Demaray have agreed to settle litigation over a pair of semiconductor patents, according to an order Monday in Texas federal court that dismissed the initially $4 billion case, for good, two years after a jury cleared Samsung.
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January 26, 2026
Court Urged To Resist Apple's Transfer Bid In IP, RICO Suit
Fintiv Inc. has hit back at Apple's request that a Georgia federal court either dismiss or transfer its trade secrets and racketeering case against the tech giant to Texas federal court, arguing that moving the case isn't appropriate "just because Apple likes a particular judge."
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January 26, 2026
Texas Jury Clears AUO And Hisense In LCD Patent Trial
An Eastern District of Texas jury has decided that Taiwan-based electronics company AUO Corp. and Chinese TV maker Hisense did not infringe two Phenix Longhorn LLC display patents, in a rare defense verdict for Taiwanese and Chinese companies in the Texas district's Marshall division, according to defense counsel.
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January 26, 2026
Masimo Chafes Against Apple's Bid To Duck $634M IP Verdict
Masimo has urged a California federal court to turn down Apple's request for relief from its $634 million trial loss in the companies' patent infringement fight over the Apple Watch, arguing that the company has made "extraordinarily untimely" attempts to change the meaning of "patient monitor."
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January 26, 2026
Chamber Wants Full Fed. Circ. To Eye Venue In Comcast Case
The U.S. Chamber of Commerce is pushing the full Federal Circuit to grant Comcast's request for review of a panel's denial of its attempt to transfer a patent infringement suit from Texas to Pennsylvania, while the patent owner says the panel decision should stay intact.
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January 26, 2026
PTAB Strikes Some Patent Claims Challenged By TikTok
The Patent Trial and Appeal Board has invalidated most of the claims that TikTok challenged in a media programming patent it was accused of infringing in federal district court, but let one challenged claim stand.
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January 26, 2026
Pharrell's Ex-Neptunes Partner Not Happy, Sues For Royalties
Pharrell Williams was sued in California federal court Friday by his former songwriter partner Chad Hugo, who claims the pop superstar owes him for unpaid royalties and access to financial records related to their collaboration as The Neptunes.
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January 26, 2026
Musk's AI Co. Sued Over Explicit, Nonconsensual Deepfakes
A woman is suing Elon Musk's xAI in California federal court, alleging that it not only failed to implement safeguards against users making sexually explicit deepfakes of women without their permission but has also openly advertised and monetized it as a feature.
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January 26, 2026
Fed. Circ. Won't Revisit 'More Than An Athlete' TM Suit
The Federal Circuit on Monday declined to reconsider its decision affirming a trademark tribunal's finding that NBA star LeBron James and his company own the rights to the phrase "More Than An Athlete."
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January 26, 2026
ITC To Probe Whether Slab Imports Infringe Surface Maker's IP
The U.S. International Trade Commission is launching an investigation into 11 companies regarding whether they are importing slab that infringes patents held by a Minnesota quartz surface manufacturer.
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January 26, 2026
Novo Nordisk Faces Class Claims Over GLP-1 Patent Tactics
A South Carolina drug company has launched a proposed class action against major pharmaceutical company Novo Nordisk, alleging it engaged in anticompetitive behavior to prolong its monopoly against generic competition for the GLP-1 drug Victoza.
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January 26, 2026
35 AGs Demand X Crack Down On Grok Sexual Deepfakes
A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.
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January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court
The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
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January 26, 2026
Remote Discovery Tech Co. Alleges Fraud In Del. Suit
A tech company that developed self-service applications for remote data collection from smartphones has launched a seven-count suit in Delaware's Court of Chancery accusing a product reseller of copying the application's functions and features and marketing competing versions.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Healthcare Rewards Co. Sues Partner Over Alleged Tech Theft
A California-based healthcare technology company has sued in Delaware Chancery Court, accusing a longtime business partner of secretly stealing its proprietary rewards technology, then attempting to terminate their contract years early after building a competing product in-house.
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January 26, 2026
Goldsmiths Accused Of Copying 88-Facet Diamond Designs
A gemstone designer has accused Goldsmiths of copying his blueprints for a diamond that has 88 facets, asking a London court to stop the British retail chain from continuing its alleged infringement of his intellectual property.
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January 23, 2026
Meta, Oakley Hit With Massive Patent Suit Over Smart Glasses
A Hong Kong-based tech company on Friday accused Meta of infringing five of its patents related to smart eyewear through Meta Ray-Ban and Oakley Meta-branded smart glasses, telling a Massachusetts federal court that it has suffered "multiple billions of dollars" in damages as a result.
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January 23, 2026
4th Circ. Maroons Copyright Fight Over Pirate Ship Pics
The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.
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January 23, 2026
PTAB Axes Patent Accounting For $92.6M Of Samsung Verdict
The Patent Trial and Appeal Board has found that Samsung was able to show that a pair of Pictiva OLED patents are invalid, including one patent that accounted for $92.6 million of an infringement verdict against the South Korean electronics giant.
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January 23, 2026
Lawmakers Float Bill To Track Content Used In Training AI
A bill introduced in the U.S. House of Representatives would give musicians, artists, writers and copyright holders the ability to determine if their works were used to train artificial intelligence without their permission.
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January 23, 2026
As Duke Sues Its Own QB, NIL Tensions Come To A Head
Duke University's gambit to stop its star quarterback from transferring to another school signals the latest friction point in college sports, providing an opportunity for courts to tackle the still-evolving concept of direct payment deals between athletes and their schools regarding name, image and likeness.
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January 23, 2026
Fed. Circ. Finds Tire Pressure Patent Invalid In $6.6M Case
The Federal Circuit on Friday ruled that a patent covering tire pressure monitoring was invalid for obviousness, overturning a jury verdict putting Autel Intelligent Technology Corp. Ltd. on the hook for $6.6 million that was overruled by a Texas federal judge for different reasons.
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January 23, 2026
Guardant Can Try Again To Nix Patent Tied To $83M Verdict
The Federal Circuit on Friday threw out a Patent Trial and Appeal Board decision finding Guardant Health couldn't show that a University of Washington DNA sequencing patent is invalid, sending the case back to the board for another look.
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
Editor's Picks
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McConaughey Not 'Alright Alright Alright' With AI Fakes
Actor Matthew McConaughey's series of trademarks on audio and video of him saying iconic phrases like "alright alright alright" are drawing appreciation from intellectual property attorneys who see them as an attempt to protect against the unauthorized artificial intelligence-generated use of his voice and likeness, but the effectiveness of the tactic may be limited.
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Is 9th Circ.'s Copyright Test Doomed After Kat Von D Verdict?
Celebrity tattoo artist Kat Von D's realistic tattoo of a famous Miles Davis photo on a friend's arm — and the jury ruling that it did not violate copyright law — could imperil a decades-old Ninth Circuit doctrine for assessing similarity between works, with potential review by a full panel of judges on the horizon.
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How New Judges Can Quell Patent Litigation Fears
Patent litigation has a reputation for being particularly complex due to its technical content, which can be intimidating for litigants, attorneys and judges alike. In the first of a two-part series, several judges in the trenches of patent law spoke with Law360 about how new judges can make patent litigation less overwhelming.
Expert Analysis
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.
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Fed. Circ. In 2025: A Look At Continued USPTO Tensions
Unanticipated developments in 2025 included a tug-of-war between the Federal Circuit and the U.S. Patent and Trademark Office over inter partes review decisions, and this continued disparity looks set to contribute to another packed year for the court, say attorneys at Knobbe Martens.
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How 2025 Recalibrated Fair Use For The AI Era
Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Patent Applicants Must Get Biologics Enablement Right
As artificial intelligence increasingly becomes a core driver in drug discovery, it is critical for drug companies to adapt their drafting strategies to the unique features of AI-generated inventions, and to pay particularly close attention to enablement standards, says Sanandan Malhotra at Novo Nordisk.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Reel Justice: 'Die My Love' And The Power Of Visuals At Trial
The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Utilizing AI In Agriculture Requires A Strong IP Strategy
As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Lessons From The Pokemon Patent Firestorm
Public outcry against Nintendo being granted a patent over Pokémon gaming mechanics amid its ongoing patent infringement case against "Palworld" developer Pocket Pair, and the U.S. Patent and Trademark Office's subsequent order to reexamine Nintendo's patent, highlight potential risks associated with drafting ambiguous, unnecessarily complex or overly aggressive claims, say attorneys at McNees Wallace.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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How AI Drafting Should Transform Patent Filing Strategies
As agentic artificial intelligence reduces the time and expense required to draft and file patents, companies should shift focus away from rationing drafting hours and more toward governing optionality, says Ian Schick at Paximal.
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9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test
Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.