Intellectual Property

  • September 01, 2026

    Meta Beats UK Co. Suit Over Instagram Shopping For Now

    A California federal judge has ruled in favor of Meta in an antitrust suit from a British company alleging Meta stole its plan for Instagram shopping, saying the injuries that were alleged happened years before the complaint was filed.

  • September 01, 2026

    Broadcom's Bid To Boost Royalties Prompts BMW Patent Suit

    BMW has urged a Texas federal court to declare that the German automaker does not infringe a trio of communication technology patents a Broadcom subsidiary owns, alleging in a complaint that Broadcom has been threatening litigation after BMW refused to renew a license agreement at a much higher price.

  • September 01, 2026

    Meta Says Section 230 Frees It From Doctor's Scam Suit

    Meta Platforms Inc. is urging a California federal court to throw out an Australian doctor's suit alleging that its advertising tools resulted in his name and likeness being used to promote scams, saying evidence now shows that none of its tools introduced his name or likeness.

  • September 01, 2026

    Unified, Industry Orgs. Again Push Justices On PTAB Policies

    Unified Patents, Clearing House Payments subsidiary Askeladden and a series of industry groups have continued pressing the U.S. Supreme Court to accept petitions addressing the U.S. Patent and Trademark Office's patent review authority, this time in a case brought by Tesla.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    DC Circ. Backs Fair Use Repairs On Med Device Software

    The D.C. Circuit on Tuesday ruled that using copyrighted data and computer programs for the purpose of repairing medical devices falls under the fair use exemption, rejecting a challenge from two industry groups that wanted to compel the Library of Congress to revise its rules on the issue.

  • September 01, 2026

    BioMarin To Get Royalties From Ascendis Under IP Settlement

    Ascendis Pharma will pay BioMarin Pharmaceutical Inc. royalties under an agreement resolving their patent disputes over competing treatments for children with a certain genetic disorder, ending proceedings at the U.S. International Trade Commission, in California federal court and other venues.

  • September 01, 2026

    Former In-House Atty May Take Whistleblower Claim To Trial

    An Illinois state appellate panel has revived a whistleblower claim a medical device company's former in-house counsel lodged alleging he was fired for refusing to "hide or park" money in the intellectual property division's budget, while upholding the company's early win on other claims.

  • September 01, 2026

    Judge Trims Gospel Singer's Claims In Contract Fight

    A Georgia federal judge has trimmed claims brought by a gospel musician who sued his business manager and record label, claiming that his copyright interests were stolen and he was deprived of royalties.

  • September 01, 2026

    Judge Backs Carlton Fields' Bid To Seek Miss America Fees

    A Florida federal magistrate judge on Tuesday recommended allowing Carlton Fields PA to intervene in a $500 million dispute over the ownership of the Miss America competition, one day after the company's CEO filed a new suit against its former counsel.

  • September 01, 2026

    Eve Legal Says AI.Law Doc Drafting Patent Is Invalid

    California legal tech company Eve Legal wants out of a patent lawsuit brought by Ohio-based rival AI.Law, telling a San Francisco federal judge that the patent is insufficient, covering little more than using ordinary artificial intelligence tools to draft legal documents.

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    Fla. Bar Seeks Protective Order Against Suspended Atty

    The Florida Bar has asked the state's highest court for a protective order to "substantially" limit a suspended lawyer's "unduly burdensome" and "excessive" initial request for production of documents in a protracted disciplinary proceeding.

  • September 01, 2026

    Judge Albright Joins A&O Shearman In Austin

    Former U.S. District Judge Alan Albright has returned to private practice, joining Allen Overy Shearman Sterling as a partner in its intellectual property litigation team in Austin, Texas, the firm said Tuesday.

  • August 31, 2026

    Apple Can't Shake Fintech Co.'s Trade Secret, RICO Suit

    A Georgia federal judge on Monday denied Apple's motion to dismiss Fintiv's trade secrets and racketeering litigation, finding the fintech company plausibly alleges that Apple stole its trade secrets and encouraged credit card issuers and payment processors to promote the false message that Apple created the technology behind Apple Pay.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

  • August 31, 2026

    Defamation Litigation Roundup: NYT, J&J, Azerbaijan

    In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

  • August 31, 2026

    Judge Trims Claims In Insurance Software Trade Secret Case

    A federal judge in Chicago on Monday issued a mixed ruling in a case brought by a company that makes insurance agency management software against a rival that it claims created a fake insurance company to steal trade secrets, dismissing some claims but preserving others for trade secret misappropriation and violations of the Computer Fraud and Abuse Act.

  • August 31, 2026

    Ford, Bronco Builder Rev Up TM Fight Over Custom Builds

    Ford Motor Co. and a custom Bronco builder are trying to pare down their trademark fight in dueling summary judgment bids, with Ford targeting defenses to its claims over Bronco-inspired SUVs and the defendants accusing the automaker of improperly renewing its Bronco registration while the model was out of production.

  • August 31, 2026

    Fed. Circ. Upholds Block On MSN Cancer Drug In Exelixis Win

    The Federal Circuit on Monday rejected MSN Laboratories' argument that three Exelixis patents on the blockbuster cancer drug Cabometyx are invalid, while dismissing as moot an appeal on a fourth patent, a ruling Exelixis said will block MSN's generic version until 2030.

  • August 31, 2026

    Sony, Warner Music Sue Anthropic Over 'Brazen' IP Theft

    Sony Music and Warner Chappell Music have accused Anthropic in California federal court of carrying out a "brazen campaign" of musical composition theft, alleging the Claude-maker stole lyrics and sheet music by scraping websites, exploiting datasets and "destructively scanning" physical copies of copyrighted music.

  • August 31, 2026

    Juul Sublicense Ends Reynolds' Altria Vape Royalty Tab

    A sublicensing agreement between R.J. Reynolds Vapor Co. and Juul Labs Inc. relieves Reynolds of its obligation to pay ongoing royalties to Philip Morris parent company Altria Client Services LLC after a federal jury found that Reynolds infringed Altria's vape pen design, a North Carolina federal judge has ruled.

  • August 31, 2026

    Ramey Wants Full Fed. Circ. To Reconsider $207K Sanctions

    William Ramey of Ramey LLP has urged the full Federal Circuit to review his liability for more than $207,000 in sanctions in a client's patent infringement suit against Volkswagen, arguing that his notices of appeal were faulty but still adequately identified him as a party.

  • August 31, 2026

    Kioxia Seeks To Undo 'Tainted' $229M Viasat IP Verdict

    Kioxia Corp. urged a Texas federal court Friday to throw out a $229 million patent verdict for Viasat Inc. and order a new trial or grant it a win, arguing that "numerous errors tainted the jury's award."

  • August 31, 2026

    Fed. Circ. Affirms Samsung Didn't Infringe Mobile Tech Patent

    The Federal Circuit on Monday upheld a lower court's decision to deny a new trial in a case accusing Samsung of infringing a mobile device technology patent, saying Samsung had shown "ample" evidence cutting against infringement.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Opinion

    USPTO Must Address The Right Question In Sanofi Case

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    The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

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