Intellectual Property

  • October 06, 2026

    Latham Adds ITC Lawyer From Baker Botts In DC

    Latham & Watkins LLP has added a longtime Baker Botts LLP and former U.S. International Trade Commission attorney as co-chair of its International Trade Commission practice.

  • October 05, 2026

    Jones Day Expands IP Team In San Francisco, Amsterdam

    Jones Day has brought on an Arnold & Porter Kaye Scholer LLP partner and NautaDutilh's former technology group leader as partners in its intellectual property practice, the firm told Law360.

  • October 05, 2026

    Judge Clevenger's Intellect Defined His Time On Fed. Circ.

    Newly retired Federal Circuit Judge Raymond Clevenger has an "exceptionally keen intellect" that allowed him to spot holes or new paths in cases that the parties or fellow panel members hadn't explored, his former colleagues told Law360.

  • October 05, 2026

    Amazon, Crocs Sue Sellers Over Alleged Classic Clog Dupes

    Amazon and Crocs have kicked off a trademark infringement case in Washington federal court, accusing several third-party sellers of conspiring to peddle counterfeit versions of the casual clogs on the e-commerce platform.

  • October 05, 2026

    ByteDance Can't Shake YouTubers' AI Video Copyright Suit

    A California federal judge refused Friday to throw out copyright litigation alleging TikTok owner ByteDance Inc. illegally scraped millions of YouTube videos to train its text-to-video AI products, finding that the content creators plausibly allege they've been harmed and that ByteDance circumvented at least some of YouTube's technological protections.

  • October 05, 2026

    Nokia Says Pornhub Owner Freeloads On Its Video Patents

    Nokia has filed a lawsuit in Texas federal court accusing Pornhub owner Aylo Holdings of infringing seven of its video coding patents in order to provide videos to "many millions of users."

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

  • October 05, 2026

    9th Circ. Revives Antitrust Suits Against Invisalign

    The Ninth Circuit on Monday reversed Invisalign-maker Align's summary judgment win in two class actions accusing the company of monopolizing the clear teeth aligner market, saying in a published opinion that Align's true reason for ending tech interoperability with a rival is still up for dispute.

  • October 05, 2026

    Airbnb Can't Monopolize 'BNB' Acronym, Real Estate Co. Says

    Airbnb cannot monopolize the acronym "BNB," which is an internationally recognized, generic and unregistrable abbreviation for "Bed and Breakfast," and its opposition to a luxury real estate management enterprise's trademark application for "LUXBNB" should be dismissed, alleges a declaratory action filed Monday in New York federal court. 

  • October 05, 2026

    Big 3 Telecoms Want Antitrust Suit Over Wi-Fi Calling Tossed

    The nation's largest three mobile carriers — AT&T, Verizon and T-Mobile — are ready to wash their hands off a lawsuit accusing them of conspiring to offer free Wi-Fi calling as a way to monopolize the market for the service.

  • October 05, 2026

    Roblox Escapes Artist's AI Copyright Claims, For Now

    A California federal judge has allowed Roblox Corp. to duck claims from a 3D artist that his work had its copyright management information removed when it was used to train artificial intelligence but gave the artist a chance to remedy the issues with his suit.

  • October 05, 2026

    Fed. Circ. Partially Revives Wall Outlet Cover Patent Suit

    The Federal Circuit on Monday revived part of SnapRays LLC's case accusing O'Reilly Winship LLC of infringing patents covering a type of plastic plate that covers wall outlets, saying a Texas federal court messed up a piece of claim construction in the case.

  • October 05, 2026

    Burger King Says Ex-Franchisee Infringed With 'Jumbo King'

    Burger King is asking a Florida federal court to shut down three competing restaurants in New Jersey for alleged trademark infringement, claiming that the shops are run by a former franchisee who renamed her business as "Jumbo King" in violation of a prior settlement agreement.

  • October 05, 2026

    Huawei And Qualcomm Strike Patent Licensing Deal

    China's Huawei Technologies Co. Ltd. and U.S.-based Qualcomm Inc. said Monday they have reached a multi-year patent licensing agreement that involves Qualcomm purchasing some of Huawei's U.S. patents.

  • October 05, 2026

    OpenAI's 'Astra' Name Causes 'Reverse Confusion,' Co. Says

    OpenAI's launch of Astra, its flagship AI model, threatens to make an earlier user of the name appear to be a copycat, a California software company claimed Monday in a federal trademark lawsuit.

  • October 05, 2026

    Pepperdine Asks 9th Circ. For Another Shot At Netflix TM Suit

    Pepperdine University is urging the Ninth Circuit to revive its trademark suit over the "Waves" team name used in a Netflix sports comedy series starring Kate Hudson, arguing that the district court judge's approach, "would give the entertainment industry carte blanche to infringe trademarks at will."

  • October 05, 2026

    Chancery Allows Discovery In Boehringer Trade Secrets Fight

    The Delaware Chancery Court Monday allowed Boehringer Ingelheim Pharmaceuticals Inc. to move ahead with discovery in its trade secrets fight against United Therapeutics Corp., but rejected the drugmaker's request for a rapid-fire forensic discovery schedule, finding Boehringer waited too long to justify that level of emergency relief.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Comedy Festival Accuses Apple, Tubi Of Infringement

    The organizer of America's longest-running urban comedy festival sued several entertainment distributors and a producer in Georgia federal court, accusing them of streaming its content on platforms including AppleTV+ and Tubi without authorization.

  • October 05, 2026

    High Court Won't Take Up Maine Lobster Boat Tracking Suit

    The U.S. Supreme Court on Monday declined to consider a constitutional challenge to Maine's tracking of vessels that hold federal lobster permits, a policy several lobster fishermen claimed violated their privacy rights.

  • October 05, 2026

    Aerosonic Wins $116.8M In Joby Aero Air Data Probe IP Trial

    A Florida federal jury has awarded $116.8 million to aviation manufacturer Aerosonic LLC in its case alleging Joby Aero Inc. stole intellectual property related to air data probes.

  • October 05, 2026

    Justices Skip 2 Patent Cases, 1 Trade Secret Dispute

    The U.S. Supreme Court on Monday rejected a trio of petitions concerning patent and trade secret litigation, declining to review questions about damages apportionment and patent eligibility.

  • October 02, 2026

    Amazon Seeks Records Around Lawyer's USPTO Suspension

    An attorney Amazon has accused of furthering a scheme to fraudulently register thousands of trademarks and use them to report infringement by rival Amazon merchants must hand over documents related to her discipline in California and Washington, the retail giant argued in a Washington federal court filing Thursday.

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Chemical Co. Secures $1.25M In Fees In Trade Secrets Case

    A chemical distributor was awarded nearly $1.25 million in attorney fees by a Seattle federal judge but was denied exemplary damages after winning $1.9 million in a trial against former employees accused of lifting trade secrets as they left the company.

Expert Analysis

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Coordinating Life Sciences IP Strategies In The US And EU

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    As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

  • Trademark Law As A Tool To Bolster NIL Rights Against AI

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    The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Why Biotech Cos. Need Litigation Plans Before Bad News

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    Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

  • 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

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    When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

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