Intellectual Property

  • August 11, 2026

    NCAA, Big Ten Can Move OSU Alum's NIL Pay Suit To Ohio

    A California federal judge has granted a request by the NCAA and Big Ten to transfer to Ohio a college football star's suit alleging he was denied compensation for his name, image and likeness, finding his claims largely stem from NCAA rules during his college career at Ohio State University.

  • August 11, 2026

    Google Boosts Scraping Suit, Cites IP Safeguard Agreements

    Google is seeking to revive its lawsuit that accuses search engine scraping company SerpApi of circumventing Google's anti-bot system to access its search results, saying in a newly filed amended complaint that SerpApi is scraping content that copyright holders licensed to Google and authorized it to safeguard.

  • August 11, 2026

    Corteva Gets More Counterclaims Tossed In Seed Patent Suit

    A federal judge dismissed two more counterclaims from plant breeding startup Inari Agriculture Inc. in the company's patent dispute with Corteva Agriscience LLC.

  • 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.

Expert Analysis

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

  • How 2 Decisions Reframed Witness-Centered Trials

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    The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

  • Why The Road To Final Four Runs Through The Courthouse

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    As universities navigate a new college sports landscape in which courts decide eligibility, injunctions shape rosters and contract precision determines competitive stability, they should professionalize their NIL contracting, plan for emergency relief, and prepare for eligibility and damages disputes, say attorneys at Seyfarth.

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