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Intellectual Property
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Featured
Patent Cases To Watch In 2026
The U.S. Supreme Court is considering whether to weigh in on generic-drug skinny labels, while the Federal Circuit is examining an effort by the U.S. Patent and Trademark Office to shield decisions from review. Here's a look at those cases and others that attorneys will be tracking in 2026.
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January 08, 2026
AbbVie Sues Over Bids To Market Generic Migraine Drugs
AbbVie and its Allergan unit have filed patent infringement lawsuits against MSN Pharmaceuticals and Hetero in New Jersey federal court, alleging the two pharmaceutical companies are infringing on patents for the migraine drug Qulipta.
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January 08, 2026
Yankees Slugger Wins TM Battle Over 'Judge' Slogans
The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.
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January 08, 2026
Trader Gets Win On Subpoena Ahead Of Quant Secrets Trial
A Manhattan federal judge said Thursday that a California quantitative trader accused of stealing billion-dollar secrets from Headlands Technologies has issued an enforceable subpoena to the firm ahead of his July criminal trial and vowed to detail what information must be provided.
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January 08, 2026
Fed. Circ. Affirms Intel, Dell Wins Over Graphics Patents
The Federal Circuit on Thursday backed a series of Patent Trial and Appeal Board decisions that claims in a pair of 3D Surfaces LLC's 3D graphics processing patents were obvious, handing wins to challengers Dell and Intel.
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January 08, 2026
ITC To Investigate Smartwatch Giants Over Fall Detection IP
The U.S. International Trade Commission on Thursday said it will review whether Apple, Google, Garmin and Samsung are infringing UnaliWear Inc.'s patents with their smartwatch imports.
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January 08, 2026
Vicor's Patent Defense Faces Skepticism In SynQor Case
Electronics company Vicor's claims that it couldn't have shown "willful blindness" of SynQor's power converter technology patent that a jury said it infringed met with some skepticism from a panel of Federal Circuit judges, who pointed out that Vicor's CEO himself said that he didn't look at the patent.
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January 08, 2026
Leason Ellis Hires 9 Life Sciences Pros From Haley Guiliano
Leason Ellis LLP announced Thursday that it has hired nine professionals with backgrounds in the life sciences from Haley Guiliano LLP, a patent practice that originated as a spin-off from Ropes & Gray LLP.
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January 08, 2026
Vape Companies Say ALJ Was Wrongly Appointed
Vaping product companies NJOY LLC and Altria Group Inc. asked a Virginia federal judge to grant them a win in a suit brought against the U.S. International Trade Commission saying an administrative law judge was improperly appointed in proceedings seeking to prevent them from importing certain e-vapor products and devices.
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January 08, 2026
DC Court Partially Trims Shein IP Suit Against Temu
A Washington, D.C., federal judge has trimmed some of fast fashion company Shein's intellectual property lawsuit against one of the companies behind e-commerce platform Temu, but kept alive claims for false advertising and trade secret theft.
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January 08, 2026
Amici Back CoStar's Review Bid For Rival's Antitrust Claims
Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.
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January 08, 2026
Morgan Lewis Adds Ropes & Gray IP Expert In DC
Morgan Lewis & Bockius LLP has hired a top intellectual property attorney from Ropes & Gray LLP, who led that firm's Section 337 International Trade Commission practice and spent about 12 and a half years there, Morgan Lewis announced Thursday.
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January 07, 2026
VW Joins The Fed. Circ. Fray Over Patent Review Discretion
Volkswagen is the latest company to contest policy changes at the U.S. Patent and Trademark Office that make it harder to pursue patent challenges, telling the Federal Circuit that the agency's "unfettered discretion" to deny such challenges violates the U.S. Constitution.
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January 07, 2026
Warner Bros. Hits Nokia With Antitrust Claims In Patent Case
Warner Bros. has fired back at Nokia's video coding patent suit against it with allegations that the Finnish company has violated antitrust law by running an "unlawful monopolization scheme" on the technology and going back on pledges to license its patents on reasonable terms.
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January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor
The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
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January 07, 2026
Sonos, Wyze Labs Sued Over Wireless Encryption Patent
California-based patent assertion entity Encryptawave Technologies LLC targeted device-makers Sonos Inc. and Wyze Labs Inc. in separate lawsuits Wednesday in Seattle federal court, accusing the companies of infringing a patent related to wireless network security.
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January 07, 2026
Biotech Co. Says HHS Infringed Patent With Moderna Vax Deal
A biotech company that developed a patented protein technology that allegedly expedited the development of Moderna's COVID-19 Spikevax vaccine sued the U.S. Department of Health and Human Services on Wednesday, claiming the feds infringed its patent through a contract to develop a vaccine with the pharma giant.
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January 07, 2026
Colo. Knife Manufacturer Says Rival Misused Trademarks
A Colorado-based knife manufacturer accused one of its competitors in federal court Wednesday of selling products with its trademark brand name and logo without authorization.
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January 07, 2026
Samsung Settles Wi-Fi Patent Suit Ahead Of EDTX Trial
Samsung has settled a case brought by Secure Wi-Fi LLC claiming the South Korean electronics giant's Galaxy smartphones infringed Secure's wireless network patents.
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January 07, 2026
Athletics' Bid For TMs Ahead Of Vegas Move Denied
The Athletics Major League Baseball team, which is planning to move from California to Las Vegas in 2028, has failed to register a trademark for "Las Vegas Athletics" and "Vegas Athletics," with the U.S. Patent and Trademark Office concluding that the marks are primarily geographically descriptive.
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January 07, 2026
Universal's 'M3GAN' Copied Filmmaker's Doll Pic, Suit Says
A low-budget filmmaker sued Universal Studios, Blumhouse Productions and the writers of "M3GAN" in California federal court Tuesday alleging the 2022 hit film bears a "striking resemblance" to his screenplay and movie "Paranormal Adoption."
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January 07, 2026
Fed. Circ. Suggests Sepsis Test IP Needs Claim Construction
U.S. Circuit Judge Todd M. Hughes appeared largely persuaded Wednesday that a Delaware federal jury improperly engaged in post-trial claim construction when overriding Magnolia Medical Technologies Inc.'s $2 million infringement verdict, in an appeal that also had the Federal Circuit jurist thanking God that he doesn't try patent cases.
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January 07, 2026
Amazon Stay Bid Should Fail In Patent Suit, WDTX Told
Texas-based Headwater Research LLC urged a Texas federal court not to pause its suit accusing Amazon of infringing a pair of server and wireless connection patents while the e-commerce giant challenges the patents at the Patent Trial and Appeal Board.
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January 07, 2026
DSW Says Sony Copyright Case Filed In Interest Of Efficiency
The owner of shoe retailer DSW has told an Ohio federal court its lawsuit against Sony Music Entertainment seeking an order finding it did not infringe Sony's copyrights was not an anticipatory action but rather an effort to consolidate multiple infringement allegations into one in the interest of efficiency.
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January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case
The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
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January 07, 2026
DC, New Jersey Delis Reach Deal To End Trademark Fight
Washington, D.C.-based bagel shop and deli Call Your Mother Corp. has agreed to drop a federal trademark lawsuit against a New Jersey deli after the parties reached a deal to end the case.
Editor's Picks
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Copyright Guide Or Policy Change? Project Divides IP Attys
The American Law Institute's restatements of law, widely regarded as influential reference points for judges and attorneys, are typically yearslong projects that are finished quietly and without much controversy, but one for copyright that concluded this year has diverged from that tradition.
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PTAB Judges Alarmed By Squires' Moves To Limit Their Role
With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their role and are looking for work elsewhere amid the instability.
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Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
Expert Analysis
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How Chinese Utility Models Fit Into Global IP Strategies
Recent guidelines from the China National Intellectual Property Administration put the spotlight on the value of Chinese utility models — especially for device-focused innovations — and the interplay between utility models and conventional Chinese patents, say attorneys at Foley & Lardner.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Trending At The PTAB: The Policies That Are Redefining IPR
The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.
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Reviewing 2025's Artificial Intelligence Disputes Over IP
2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.
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Trending At The PTAB: The Journey Of IPR Institution In 2025
Over the course of 2025, inter partes review institution at the Patent Trial and Appeal Board evolved into a more restrictive, policy-driven regime with reshaped discretionary briefing and assessment, and increasing procedural requirements, say attorneys at Finnegan.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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5 Trade Secret Developments To Follow In 2026
Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Opinion
Judges Carry Onus To Screen Expert Opinions Before Juries
Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.
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Labubu Highlights Evolving IP Strategies In Modern Markets
Pop Mart's decision not to pursue U.S. patents for its Labubu plush dolls — relying instead on expressive rights — is rational given the nature of the product and the velocity of the market, and also underscores broader structural issues that may hold the U.S. patent system from keeping pace with modern markets, says Tina Dorr at Barnes & Thornburg.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.