Intellectual Property

  • August 11, 2026

    XAI Fights OpenAI's $1 Million Trade Secrets Fee Bid

    XAI on Monday urged a California federal judge to reject OpenAI's bid for more than $1 million in attorney fees, arguing its unsuccessful trade secret lawsuit was based on evidence that former employees took confidential company information and therefore was neither frivolous nor brought in bad faith.

  • August 11, 2026

    Deal Ends Patent Case After WDTX Verdict Clearing Cisco

    Cisco Systems Inc. and prominent patent licensing company Brazos Licensing and Development have notified a Western District of Texas judge that they have agreed to dismiss a patent suit, more than a year after a jury cleared Cisco of infringing router patents.

  • August 11, 2026

    USPTO Simplifies Entry To Patent Bar For Biomedical Grads

    The U.S. Patent and Trademark Office published guidance Tuesday that elevates biomedical science degrees to a list of degrees that earn a person eligibility to take the patent bar exam, saying the move will help with "expanding the admission criteria of the patent bar."

  • August 11, 2026

    IP Notebook: 'Iceman' Logjam, Gemini Fight, Stealth Bot Bill

    A crowded trademark race over the "Iceman" nickname and a clash over Google's efforts to expand its Gemini AI brand top this edition of Law360's look at emerging copyright and trademark issues.

  • August 11, 2026

    Video Tech Co. Advances IP Suit Against Ex-Business Partner

    A New York federal judge has allowed a video production technology company to pursue trade secret claims accusing a onetime business partner of using confidential information behind its robotic camera system to develop competing technology.

  • August 11, 2026

    Apparel Co. Loses Coverage Bid For Adidas Trademark Suit

    An insurer does not have to defend a fashion company in its latest bout in a long-running trademark infringement dispute with Adidas, a California federal judge has ruled, saying the claims fell under a prior publication exclusion because they included allegations the company published infringing advertisement before the policy period.

  • August 11, 2026

    Full Fed. Circ. Declines To Revisit Design Patent Test

    The full Federal Circuit on Tuesday refused to review the test for proving design patent infringement, rejecting a massage device maker's argument that the court has strayed from U.S. Supreme Court precedent but drawing a dissent arguing the court has "messed up" the law.

  • August 11, 2026

    Meta Spoiled Evidence In Facebook Scam Ad Suit, Judge Says

    A California federal judge has sanctioned Meta, finding the company failed to preserve key evidence in a lawsuit by Australian businessman Andrew Forrest over fraudulent Facebook advertisements that falsely used his name and likeness to promote cryptocurrency and investment scams, saying the spoliation prejudiced Forrest's case.

  • August 11, 2026

    FedEx Urges Justices To Assess Limits On PTAB RPI Appeals

    FedEx Corp. has asked the U.S. Supreme Court to scrutinize a Federal Circuit decision declining to review whether Qualcomm complied with real-party-in-interest requirements in petitions challenging FedEx patents, despite the U.S. Patent and Trademark Office conceding an error in the case.

  • August 11, 2026

    Microsoft Fights Gamer Suit Over 'Garden-Variety' Valve Deal

    Microsoft has urged a Washington federal judge to toss PC gamers' proposed class action accusing the tech giant of forging an illegal price-matching pact with video game developer Valve Corp., saying the plaintiffs' counsel has spent years arguing contrary claims that Valve bullied publishers into accepting its terms.

  • August 11, 2026

    Kilpatrick Adds 3rd Reed Smith IP Litigator In San Francisco

    Months after adding two Reed Smith LLP intellectual property attorneys in San Francisco, Kilpatrick Townsend & Stockton LLP announced Tuesday that the firm has hired another Reed Smith IP litigator to further expand its patent litigation team in the Bay Area.

  • August 11, 2026

    Netflix Presses 10th Circ. To Leave 'Tiger King' Ruling Intact

    Netflix Inc. has urged the Tenth Circuit to reject a bid to revisit its ruling that the streaming giant made fair use of a 66-second funeral clip in its "Tiger King" docuseries, arguing the panel faithfully applied U.S. Supreme Court precedent and did not create special fair use protection for documentaries.

  • August 11, 2026

    Studio Defends Cocaine-Using Paddington Puppet As Parody

    Television producer Avalon has pushed back against the owners of Paddington Bear, arguing that its own depiction of the character as a "cocaine smuggler" poses little threat to the brand's reputation because viewers would recognize it as parody.

  • August 10, 2026

    CREXi Can't Stay CoStar Case For Quinn Emanuel DQ Appeal

    A California federal court rejected a bid Monday from Commercial Real Estate Exchange Inc., or CREXi, for a stay in CoStar's copyright case while CREXi looks to undo the disqualification of its attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • August 10, 2026

    Michel, Startups Back Injunction Bid In Samsung Patent Case

    Former Chief Federal Circuit Judge Paul Michel, patent law professors and a group of startup companies on Monday backed Collision Communications Inc.'s bid for a permanent injunction on Samsung products found to infringe its patents, saying courts have misread U.S. Supreme Court precedent.

  • August 10, 2026

    Lighting Co. Won't Get Fees Or Triple Damages In Patent Case

    A Nevada federal judge has rejected lighting company Signify's motion for treble damages and $4.3 million in attorney fees atop an over $410,000 patent infringement verdict against its rival Lepro, ruling that Lepro's conduct was not malicious or in bad faith.

  • August 10, 2026

    Welch Allyn, IRhythm Reach Deal To End Patent Dispute

    Welch Allyn Inc. has entered a deal to bring a close to a lawsuit in Delaware federal court accusing iRhythm Technologies Inc. of infringing a series of heart monitor patents after iRhythm had its attempts to challenge some of those patents shot down.

  • August 10, 2026

    IBM Defeats Software Co. In Copyright Fight At 2nd Circ.

    A software company failed to persuade the Second Circuit to undo a federal judge's decision allowing IBM to dodge a copyright suit, with the appellate court on Monday agreeing the case was time-barred.

  • August 10, 2026

    Fed. Circ. Backs Axing Of Digital Chart Patents Under Alice

    The Federal Circuit on Monday said a California federal court was right to find that patents covering digital interactive charts are invalid under the U.S. Supreme Court's Alice decision, saying the patents "provide no meaningful limitation to the abstract idea" of creating charts.

  • August 10, 2026

    Insurer Must Cover Financial Services Co.'s Arbitration

    An excess insurer owes up to $5 million in coverage for a financial service company's arbitration over allegations workers misappropriated their previous employer's trade secrets, the Delaware Superior Court said, finding the arbitration was not connected to a dispute that occurred before the policy period.

  • August 10, 2026

    Fed. Circ. Won't Hit Refresh On Patent Claims Against Netflix

    The Federal Circuit on Monday refused to restore a content streaming patent Netflix was accused of infringing, agreeing with the Patent Trial and Appeal Board that an earlier patent rendered the claims of the patent invalid.

  • August 10, 2026

    Fed. Circ. Reverses PTAB On Prior Art Issue Over Dental IP

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision that invalidated a group of claims in a Dental Monitoring SAS dental imaging patent, finding that a previous provisional patent application was missing a written description and thus can't be used as prior art.

  • August 10, 2026

    Boeing Must Face Depositions In Moon Exploration IP Row

    A Washington federal magistrate judge has partly granted a Colorado aerospace company's bid for more depositions in an intellectual property suit against Boeing over technology used in NASA's moon program, while rejecting broader requests for financial information and documents.

  • August 10, 2026

    Holland & Hart Hires Patent Team From Ashurst Perkins

    Holland & Hart LLP has brought on more attorneys from Ashurst Perkins Coie, welcoming a trio of patent partners with a history of representing clients in the technology sector, the firm announced Monday. 

  • August 10, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving merger settlements, contract claims, controlling stockholders, music rights, prejudgment interest, absentee voting and stockholder standing.

Expert Analysis

  • What Data Says About Biologics-Related Ex Parte Challenges

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    An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

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    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

  • 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.

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