Intellectual Property

  • July 21, 2026

    2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

    The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

  • July 21, 2026

    Mullen Fights To Keep Patent Suit Against Samsung Alive

    Mullen on Tuesday opposed a magistrate judge's recommendation that the court find invalid its patents covering location-based services on mobile devices asserted against Samsung, saying it is at odds with a recent Federal Circuit decision.

  • July 21, 2026

    Atty Immunity Should Cut Firm From Fee Suit, Judge Says

    A Texas federal judge has recommended letting California law firm Bartko Pavia out of a lawsuit brought by litigation boutique Williams Simons & Landis PC over alleged unpaid legal fees, saying attorney immunity shields the California firm.

  • July 21, 2026

    India-Based AI Founder Says Colo. Court Lacks Jurisdiction

    The former chief business officer and founder of an AI mapping company accused of copying thousands of its rivals' maps told a Colorado federal judge Monday that the court has no jurisdiction over him and that the claims against him must be dismissed.

  • July 21, 2026

    Invisalign Maker Align Keeps PTAB Wins At Fed. Circ.

    The Patent Trial and Appeal Board properly invalidated claims in two Dental Monitoring SAS orthodontia patents, the Federal Circuit affirmed Tuesday.

  • July 21, 2026

    Google's Copyright Claims Over Scraping Tossed, For Now

    A California federal judge has dismissed Google's complaint accusing data-scraping company SerpApi of bypassing technological safeguards to copy and resell the tech giant's search results, ruling that Google did not plausibly allege its anti-scraping system operated with the authority of copyright owners whose content appeared in those results.

  • July 21, 2026

    Acer Can't Escape Ericsson Dispute Over 4G, 5G Patents

    A Delaware federal judge won't throw out Ericsson's suit seeking a finding it didn't infringe Acer Inc. patents covering 4G, LTE and 5G wireless standards, despite Acer filing litigation first in Texas accusing Ericsson's customers of infringement.

  • July 21, 2026

    Thermo Fisher Says TRO Needed To Protect $8.9B Deal

    A Delaware Chancery Court judge said Tuesday he is still weighing whether to temporarily block a former Thermo Fisher Scientific Inc. executive from joining Fortrea Holdings Inc., signaling that the dispute turns on difficult questions about the scope of restrictive covenants while cautioning the parties not to assume how he will rule.

  • July 21, 2026

    Mother Of Musk's Child Asks Texas Court To Toss XAI Suit

    The mother of one of Elon Musk's children has asked a Texas federal court to toss a suit brought by Musk's artificial intelligence company, xAI, that alleges breach of contract, telling the court that xAI's actions constituted "a race to the courthouse dressed up as a lawsuit."

  • July 21, 2026

    Novo's False Ad Suit Against Eli Lilly Ramps Up GLP-1 Rivalry

    Pharmaceutical giant Novo Nordisk Inc. slapped rival Eli Lilly & Co. with a false advertising suit in New Jersey federal court Tuesday, calling a marketing campaign for the rival's weight loss drugs "deceptive" for "withholding critical scientific evidence" about newer GLP-1 formulations.

  • July 21, 2026

    Squires Pressed On 'Board Of Peace' TM Apps He Withdrew

    A Maryland congressman has asked U.S. Patent and Trademark Office Director John Squires for more information about what he said was his "baffling and legally dubious" push to secure trademark protections for President Donald Trump's "Board of Peace."

  • July 21, 2026

    Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

    The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

  • July 21, 2026

    Fed. Circ. Restarts Treadmill Patent Infringement Case

    The Federal Circuit on Tuesday revived a case in which treadmill maker Woodway USA Inc. sued exercise equipment company Lifecore Fitness Inc., saying Lifecore was granted a win based on an overly narrow claim construction.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    New Head Of US International Trade Commission Selected

    President Donald Trump has tapped the newest member of the U.S. International Trade Commission to serve as its chair, the ITC announced Tuesday.

  • July 21, 2026

    Centripetal IP Survives Fed. Circ. Despite 'Ghost In The Room'

    A Federal Circuit panel on Tuesday backed a Patent Trial and Appeal Board decision that declined to strike some claims in a cybersecurity patent owned by Centripetal Networks LLC, even if a "ghost in the room" suggests that it's preserving unpatentable claims.

  • July 21, 2026

    Apple's Bid To Invalidate Speech Patent Revived On Appeal

    The Federal Circuit on Tuesday gave Apple Inc. another opportunity to show that claims in a Zentian Ltd. speech recognition patent are invalid, faulting the Patent Trial and Appeal Board's decision to uphold the patent, which is at issue in a California infringement suit.

  • July 21, 2026

    7th Circ. Probes Offset Restitution In Hytera-Motorola Dispute

    Seventh Circuit judges appeared amenable Tuesday to Motorola's argument that an Illinois federal judge wrongly refused to order Hytera to pay restitution for stealing trade secrets and improperly treated Hytera's payments in parallel civil litigation as offsets in the criminal case, effectively nullifying Motorola's punitive damages award.

  • July 21, 2026

    Resume Builder Defends Antitrust Case Against Rival

    Rocket Resume Inc. is defending its antitrust case in California federal court accusing Bold Ltd., the owner of Monster and CareerBuilder, of monopolizing the U.S. market for online resume-building platforms.

  • July 21, 2026

    Baker McKenzie Hires Life Sciences, IP Attys In DC, NY

    Baker McKenzie has hired two attorneys, in Washington, D.C., and New York, who focus their practices on life sciences transactional matters and intellectual property issues, the firm announced Tuesday.

  • July 21, 2026

    Boehringer Alleges United Therapeutics Poached Staff, Secrets

    Boehringer Ingelheim Pharmaceuticals Inc. is suing United Therapeutics Corp. in Delaware Chancery Court, alleging it recruited more than 20 members of Boehringer's specialized interstitial lung disease sales team to obtain confidential business information before launching a competing drug.

  • July 21, 2026

    DirecTV Sues Over Va. Fraud Scheme

    DirecTV has filed suit against a Virginia man and a group of companies, alleging that they engaged in a scheme to defraud DirecTV customers.

  • July 21, 2026

    College Advising Co. Drops Contract Row With Ex-Franchisee

    A college consulting company has dropped its lawsuit accusing a former franchisee of filching its proprietary methods and starting a new venture, North Carolina federal court records show.

  • July 20, 2026

    Moderna Hits CureVac With Countersuit In COVID Vax Fight

    Moderna has filed a countersuit in Delaware federal court against a BioNTech subsidiary's claims that Moderna's COVID-19 vaccine infringed several patents, saying the rival biotech company was trying to "take credit" for Moderna's own innovations in mRNA vaccines.

  • July 20, 2026

    Google Data Sharing With Temu Violates DOJ Rule, Suit Says

    Google shares internet users' sensitive information with Chinese e-commerce giant Temu and a technology firm the Pentagon calls a "Chinese military company," violating a U.S. Department of Justice rule preventing the bulk transmission of data to "countries of concern," according to a proposed class action in California federal court.

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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