Intellectual Property

  • July 27, 2026

    GoodPop, JonnyPops Trade Blows In Fruit Pop False Ad Fight

    GoodPop and JonnyPops have both filed summary judgment bids in a false advertising battle in Texas federal court that was filed two years ago by GoodPop, each arguing that their rival's claims over their respective frozen pops' fruit and sugar content can be tossed without going to trial.

  • July 27, 2026

    Fed. Circ. Clears Boston Scientific In $49M Stent Patent Case

    The Federal Circuit on Monday overturned a $49.4 million patent judgment against Boston Scientific, ruling that the company's drug-eluting coronary stents did not infringe a patent owned by the University of Texas System and that the patent is invalid.

  • July 27, 2026

    7th Circ. Asked To Clarify Copyright Prevailing Party Status

    A man who successfully defended himself from being held liable for damages when he was sued by a food photography company that claimed his photo of raw meat on Facebook counted as copyright infringement has asked the Seventh Circuit to find that he's the "prevailing party" for purposes of seeking attorney fees.

  • July 27, 2026

    Chobani Can't Escape Danone's Coffee TM Suit

    A New York federal judge on Monday refused to toss Danone's unregistered trademark infringement suit against Chobani over use of the phrase "Bright & Mellow," saying Danone plausibly backed up its argument that the mark was not simply generic.

  • July 27, 2026

    Verano Unit Accused Of Infringing Cannabis Extraction Patent

    A subsidiary of cannabis giant Verano Holdings LLC was hit with a patent infringement suit in Virginia federal court Monday accusing it of ripping off a California company's pioneering technology using safer, low-temperature ethanol extraction processes to obtain oils and compounds from cannabis, which helps avoid the risk of fires or explosions. 

  • July 27, 2026

    Consultant Says Fla. Co., Owner Stole Her Training Model

    A linguist claimed in a Florida federal court that the owner of a job consulting business breached their collaboration agreement and stole a training model she developed, alleging she wasn't given equity in the company as promised and that her copyrighted intellectual property was published in a book without her authorization.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Yale, Biohaven Win $4M In Biotech Trade Secret Trial

    A Delaware federal jury has awarded Yale University and Biohaven Therapeutics $4 million after finding that venture capital firm RA Capital Management GP breached a confidentiality agreement and, along with co-defendant Avilar Therapeutics, misappropriated a Yale-developed trade secret for designing protein-degrading drug molecules.

  • July 27, 2026

    Samsung Owes $92.3M After Judge Boosts Media IP Award

    A Texas federal judge has heaped $13.8 million in prejudgment interest on top of a $78.5 million jury award owed by Samsung after it was found to infringe a pair of patents covering automatic content recognition technology for commercial advertising.

  • July 27, 2026

    AbbVie Seeks Block On Alkem Generic Constipation Drug

    AbbVie Inc. and collaborator Ironwood Pharmaceuticals urged a New Jersey federal court to bar India-based generic-drug maker Alkem Laboratories from selling generic versions of their branded constipation drug while associated patents are active, arguing Alkem would violate patent law by doing so.

  • July 27, 2026

    Ad Patent Claims Against Hulu Are Invalid, Judge Says

    A California federal judge has cleared Hulu from a lawsuit accusing it of infringing patents covering ways to deliver content and advertising through streaming, after finding the patents themselves were invalid to begin with.

  • July 27, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving restrictive covenants, corporate governance, trade secrets, real estate investments, receiverships, and books and records demands.

  • July 27, 2026

    NASCAR Says It's 'Overwhelmed' By 'Mass Counterfeiting'

    NASCAR is cracking down on counterfeit merchandise in a federal lawsuit filed Monday in North Carolina that seeks to block an alleged network of foreign retailers from selling knockoff clothing and collectibles through online marketplaces, social media platforms and search engines like Google.

  • July 27, 2026

    Stewart Leaving USPTO This Week For Private Sector Job

    Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart will leave the office this week to return to the private sector, she told the USPTO executive staff Monday in a message obtained by Law360.

  • July 27, 2026

    End Defamation Claim Against Baker Botts Atty, Court Advised

    A Florida federal magistrate judge has recommended that a defamation claim against a Baker Botts LLP patent attorney be tossed, saying an inventor hasn't shown that the lawyer's comments to a reporter at issue in the case were defamatory.

  • July 27, 2026

    Arnold & Porter Hires King & Spalding ITC-Focused Atty

    Arnold & Porter Kaye Scholer LLP has hired a King & Spalding LLP partner in Washington, D.C., who will continue his intellectual property work focused on the cross-border aspects of technology and life sciences disputes, the firm announced Monday.

  • July 24, 2026

    Phillips 66 Inks Deal To End Patent Case Revived By Fed. Circ.

    Phillips 66 has settled allegations it infringed Magema Technology's oil refinery patents, reaching a deal nearly a year after the Federal Circuit held that ordered a new trial in the yearslong battle.

  • July 24, 2026

    IP Cases In The Spotlight As ITC Adds 5 New Commissioners

    The Senate's confirmation of five new commissioners at the International Trade Commission, including two who were staffers on the intellectual property committees in Congress, could lead to a greater focus on IP cases at the commission and efforts to speed them up, attorneys say.

  • July 24, 2026

    Big Fish Can't Pursue Apple Store Takedown, Dev Says

    An Armenian game developer accused of withholding source code belonging to Big Fish Games urged a Washington federal judge Friday to block the company's attempt to have games removed from the Apple Store.

  • July 24, 2026

    Full Fed. Circ. Urged To Reconsider Pfizer's Paxlovid IP Win

    Enanta Pharmaceuticals is asking the Federal Circuit to rethink its June refusal to revive a patent it had asserted against Pfizer over its COVID-19 treatment Paxlovid, saying the court acted beyond its authority.

  • July 24, 2026

    Daily Beast Sued Over Image Of CEO In Viral Coldplay Incident

    A photographer sued the Daily Beast in New York federal court on Friday for using his image of Andy Byron, the former CEO of software company Astronomer who was caught in a viral "kiss cam" incident at a Coldplay concert.

  • July 24, 2026

    Finch Therapeutics Can Seek Ch. 11 Plan Votes

    A Delaware bankruptcy judge on Friday conditionally approved the disclosure statement for microbiome treatment developer Finch Therapeutics' Chapter 11 plan, allowing it to solicit creditor votes.

  • July 24, 2026

    Yale Age Test, Allergy Death, Wine Royalties: A Midyear Report

    In the second half of 2026, Connecticut courts are being called upon to decide closely watched issues such as whether the state's largest hospital group violated federal disability and age discrimination laws when requiring providers over age 70 to undergo mandatory cognitive tests.

  • July 24, 2026

    NCAA Urges Judge To Not Let Athletes 'Rewrite' NIL Deal

    The NCAA has opposed an effort to relax the oversight of college athletes' third-party branding deals, telling a California federal judge that the players are looking to "rewrite" a historic antitrust settlement. 

  • July 24, 2026

    Fed. Circ. Backs Invalidating More PTAB Railcar Patent Claims

    The Federal Circuit on Friday backed another Patent Trial and Appeal Board decision that claims in an Amsted Rail Co. Inc. patent on monitoring trains were invalid, less than two months after affirming similar board decisions on two other patents.

Expert Analysis

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Fed. Circ. In Jan.: On The Validity Of Expert Testimony

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    The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.

  • Reel Justice: 'Sentimental Value' And Witness Anxiety

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    "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • An Instructive Reminder On Appealing ITC Determinations

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    A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

  • Clarifying A Persistent Misconception About Settlement Talks

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    An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

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