Intellectual Property

  • June 05, 2026

    4th Circ. Upholds Sanctions For Late Copyright Damages Info

    The Fourth Circuit affirmed a ruling that excluded a software company's damages evidence and granted summary judgment to its competitor, saying in a published opinion Friday that the plaintiff's repeated failure to disclose its damages calculation justified sanctions that effectively doomed its copyright, false advertising and contract claims.

  • June 05, 2026

    Fed. Circ. OKs Google, Microsoft Win Over Device Locator IP

    The Federal Circuit on Friday rejected an inventor's attempt to revive claims in her computer-locating patents challenged by Google and Microsoft, backing the Patent Trial and Appeal Board's decisions that they were invalid.

  • June 05, 2026

    Judge Wants A Look At OnePlus-Pantech Deal In 5G SEP Suit

    A Texas federal judge told Chinese phone company OnePlus and its South Korean competitor Pantech Corp. to provide the court with the settlement agreement under which they want a case between them dismissed, after a jury awarded Pantech $1 million for patent infringement.

  • June 05, 2026

    Nortek Accuses Rival Of Stealing Data Center Cooling Secrets

    Ventilation company Nortek has hit a rival with allegations that, in response to the rising demand for cooling technology in data centers as a result of the artificial intelligence boom, it "raided" Nortek's employees and misappropriated trade secrets related to such technology.

  • June 05, 2026

    Will WDTX Remain A Patent Fixture Without Albright?

    Whether the Western District of Texas will continue drawing in hordes of patent cases after U.S. District Judge Alan Albright leaves this summer has attorneys torn, given that he's no longer the top patent judge in his district, let alone the country.

  • June 05, 2026

    ITC Opens Patent Probe Of Imported Pickleball Paddles

    The U.S. International Trade Commission announced it is opening an investigation into pickleball paddles made by Franklin Sports and 19 other companies that a Maryland manufacturer alleges violate two of its patents.

  • June 05, 2026

    DLA Piper Adds Ex-ArentFox Schiff Gov't Contracts Lawyer

    DLA Piper LLP has hired a former ArentFox Schiff LLP government contracts partner who throughout his career has advised on multimillion-dollar deals for corporate, private equity and other clients.

  • June 05, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.K.'s oldest Indian restaurant launch an appeal against King Charles III's property company in an effort to stop its eviction, trustees of a bankrupt former EY tax partner file a claim against his wife, and 37 leading insurers bring a lawsuit against agrichemical company Syngenta over an insurance dispute. Here, Law360 looks at these and other new claims in the U.K.

  • June 04, 2026

    Trump Era Worse Than McCarthy For Speech, Law Dean Says

    The dean of UC Berkeley's law school told an audience of lawyers and artists on Thursday that America is experiencing "an unprecedented assault on the Constitution, on the First Amendment, and on freedom of speech," comparing the country under President Donald Trump unfavorably to the McCarthy era.

  • June 04, 2026

    Generics Cos. Get More Freedom In High Court Patent Ruling

    The U.S. Supreme Court's decision Thursday shutting down a patent case involving a generic heart drug that uses a so-called skinny label establishes a road map for generics companies to avoid such suits and creates hurdles for branded companies pursuing infringement litigation, attorneys say.

  • June 04, 2026

    Amgen Won't Face 'Nonsensical' Rodent Antibody IP At Trial

    A Delaware federal judge has trimmed Harbour Medical's infringement suit against an Amgen unit just days before trial, saying two of the company's mouse antibody patents are indefinite based on a term that "everyone agrees" is "nonsensical."

  • June 04, 2026

    Ex-Football Stars Sue NCAA, Conferences For Lost NIL Pay

    Two college football stars, who went on to play in the NFL, have filed antitrust suits claiming the NCAA, Big Ten and Southeastern conferences exploited them for their abilities while denying them compensation for their names, images and likenesses.

  • June 04, 2026

    Eli Lilly's 'Overbroad' Weight Drug TM Deal Rejected

    A Washington federal judge has refused to sign off on a deal to settle trademark claims brought by Eli Lilly against two Seattle-area medical clinics, saying the associated consent decree was "overbroad" and contained an even more sweeping injunction.

  • June 04, 2026

    Fed. Circ. Seems Iffy On Reversing Atty Fees In Patent Case

    The Federal Circuit didn't seem convinced Thursday morning that it should overturn a lower court's decision to make network testing company Viavi Solutions Inc. pay another company's attorney fees after Viavi unsuccessfully sued it for patent infringement.

  • June 04, 2026

    Judge Trims 2 Patents From Website Incentives Case

    A judge sitting in Delaware federal court has trimmed two out of three patents asserted by engagement agency BI Worldwide against Kobie Marketing Inc. that cover incentives offered by websites, ruling that they did not pass muster under the U.S. Supreme Court's Alice test.

  • June 04, 2026

    Is Pattie Gonna Get Out Of This? Patagonia's IP And PR Pickle

    Patagonia's trademark infringement suit against drag queen and environmental activist Pattie Gonia has caught the attention of both intellectual property attorneys and popular culture aficionados, with lawyers saying the action highlights how IP enforcement and public relations management aren't always in perfect harmony.

  • June 04, 2026

    Al Jazeera Beats DMCA Claim, For Now, In Storm Video Suit

    A California federal judge has dismissed videographers' claim that Al Jazeera falsified copyright attribution on weather footage posted to YouTube, finding the plaintiffs failed to plausibly allege the network acted with intent to facilitate infringement, while giving them a chance to amend their complaint.

  • June 04, 2026

    USPTO Mulling Certain Patent Apps After 'Atypical' Case

    The U.S. Patent and Trademark Office is asking why it should keep reviewing patent applications that would not end up giving their owners rights to assert against alleged infringers, following a Federal Circuit decision in what the appellate court called an "atypical" appeal.

  • June 04, 2026

    Fed. Circ. Invalidates Spinal Implant Patent Claims

    The Federal Circuit on Thursday invalidated patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc. and that had been upheld by the Patent Trial and Appeal Board.

  • June 04, 2026

    JD Power Claims Chime's Bogus '#1' Banking Ads Rip Off TMs

    J.D. Power has hit Chime Financial Inc. with a lawsuit in New York federal court, accusing the fintech company of willfully infringing J.D. Power's trademarks to support a "widespread, multi-channel" deceptive advertising campaign falsely suggesting that the data analytics firm rated Chime "America's #1 Choice for Banking."

  • June 04, 2026

    Fed. Circ. Solidifies Google, Oath Wins In Arendi Patent Suits

    The Federal Circuit on Thursday upheld Google LLC and Oath Holdings Inc.'s wins over Arendi SARL's lawsuits that accused them of infringing various data system patents, agreeing with a Delaware federal court that the patents weren't valid to begin with.

  • June 04, 2026

    Realty Rival, Directors Barred From Poaching Brokerage Staff

    Two former sales directors for a real estate brokerage must stop recruiting former coworkers for a rival company that hired them, North Carolina's business court has said, finding the new employer should also be barred from meddling with more of the brokerage's employment contracts.

  • June 04, 2026

    Ex-Surgeon Agrees To $7.7M Tax Bill From Offshore Scheme

    A retired plastic surgeon reached a $7.7 million settlement with the federal government to resolve an Internal Revenue Service case alleging that he ran an offshore employee leasing scheme, according to an agreement filed in an Ohio federal court.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Judge Won't Rethink Insurer's Duty To Cover Data Center Row

    A California federal judge refused to allow Navigators Specialty Insurance Co. to file a reconsideration motion for a prior ruling that dismissed the insurer's claims in its coverage suit against a client company taken into arbitration over a California data center project.

Expert Analysis

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

  • How 2 Decisions Reframed Witness-Centered Trials

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    The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

  • 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.

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