Intellectual Property

  • September 10, 2026

    Clinical Trial Buyer Says Ex-Owner Breached $100M Deal

    Surge ECN Holdings LLC and ECN Operating LLC have accused the former owner of a clinical trial research network of violating a five-year noncompete and other restrictions tied to a deal worth more than $100 million, alleging he diverted customers, recruited key physicians and used confidential information to build a competing business.

  • September 10, 2026

    Cellspin Media Patent Suit Should Proceed, Judge Says

    A Texas federal magistrate judge said Wednesday the court should not throw out Cellspin Soft Inc.'s patent lawsuit against Fossil Stores I Inc. over systems that can automatically publish social media content, years after a similar case was tossed in California.

  • September 10, 2026

    Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

    A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

  • September 10, 2026

    PTAB Axes Claims In Ex-Intel Chip Patent In Win For Arm

    The Patent Trial and Appeal Board has found that British semiconductor maker Arm Ltd. showed that all the challenged claims of a chip patent owned by patent licensing company Daedalus Prime are invalid.

  • September 10, 2026

    Apple Watch Ban In Masimo ITC Patent Case Hits High Court

    Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    Squires Grants 10 Patent Reviews, Rejects None

    U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

  • September 10, 2026

    EchoStar Says Ex-VP Violated Noncompete In Move To Rival

    A former executive vice president of EchoStar Corp. violated his noncompete agreement when he left his role at the company to take a COO position with a rival company just two weeks later, the telecommunication giant alleged in Colorado state court Wednesday.

  • September 10, 2026

    Baylor, Boston U. Near Deal Over Interlocking 'BU' Logo

    Baylor University says it is moving toward a deal to end its lawsuit claiming that its trademark rights on an interlocking "BU" logo are being infringed by Boston University and that the Massachusetts school's use of the mark causes confusion in the marketplace.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    Judge Won't Touch Verdict In Blood Collection Patent Case

    A Delaware federal judge has denied a bid from medical equipment maker Kurin for a new trial after a jury found it owed Magnolia Medical $1.6 million for infringement of three patents covering blood culture collection products, saying the jury's verdict was not the product of confusion or a miscarriage of justice.

  • September 10, 2026

    Ex-Lighting Co. Workers Must Face Trade Secret Suit

    Three former employees of a lighting company lost a bid to escape a suit alleging they conspired for years to encourage customers to use products supplied by competing companies they operated, with a Connecticut federal judge ruling Thursday that all elements needed to plead a trade secret claim were met.

  • September 10, 2026

    9th Circ. Calls Foul On Judge's NCAA Five-Year Rule Injunction

    The NCAA's five-year eligibility limit may be a commercial rule subject to antitrust scrutiny, but a Nevada federal judge improperly blocked it to let a college baseball player keep playing with little evidence it constrained competition, the Ninth Circuit has said.

  • September 09, 2026

    Feds' NY RICO Case Against Huawei Packs A Punch, Jury Told

    The Brooklyn federal jury in the landmark corporate criminal trial of Huawei on Wednesday heard a prosecutor say they'll have an insider's view of the company's vast criminal operations that relied on stolen trade secrets to grow and kept banks in the dark about its sanctions compliance, while a top executive's deal with the government will seal the fate of the Chinese telecommunications giant.

  • September 09, 2026

    Genius Settles With Panda Ahead Of Sports Tech Patent Trial

    Sports technology company Genius Sports Ltd. and Panda Interactive have agreed to settle a patent dispute over technology that allows viewers to see real-time odds and place a bet while watching a sporting event, according to a notice filed in Texas federal court Wednesday.

  • September 09, 2026

    Deckers Denied New Trial On Ugg Boot Design Patent Validity

    A California federal judge denied Deckers Outdoor Corp.'s bid for a new trial over the validity of its design patent for its Ugg Classic Ultra Mini Boot, finding no error in submitting a question of indefiniteness to a jury.

  • September 09, 2026

    Meta's 'Fanciful' AI Training Disclosures Leave Judge Doubtful

    A California federal judge appeared skeptical Wednesday that Meta Platforms Inc. had identified all magazines used to train its artificial intelligence tool after copyright plaintiffs pointed out Meta disclosed only nine issues spanning a 17-year period, telling Meta's counsel during a hearing that the likelihood Meta used only nine issues "seems rather fanciful to me."

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    Agencies Warn Of Chinese AI Cos. Targeting US Models

    The Cybersecurity & Infrastructure Security Agency, National Security Administration and FBI have released a report claiming Chinese artificial intelligence companies were extracting proprietary capabilities from U.S. AI models through a process known as "distillation."

  • September 09, 2026

    Wine Label Makers Spar Over Injunction In Trade Secret Fight

    A California federal judge on Wednesday weighed whether to grant a wine label company's motion for a preliminary injunction against rivals in a case accusing them of using trade secrets allegedly brought over by a former employee.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Split PTAB Invalidates Japanese Co.'s Patent Claims

    A divided Patent Trial and Appeal Board has thrown out claims in a pair of Seikagaku Corp. patents related to endotoxin detection that were challenged by Charles River Laboratories, finding they were either obvious or anticipated.

Expert Analysis

  • Human Authorship Is Still Central To Copyright Eligibility

    Author Photo

    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

    Author Photo

    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

    Author Photo

    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Axed Trade Secret Award Cautions Against Bundling Damages

    Author Photo

    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • PTAB Memo Recenters Discretion On US Manufacturing

    Author Photo

    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

    Author Photo

    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Similar-Looking Designs May Not Always Prove Infringement

    Author Photo

    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

    Author Photo

    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Justices May Hesitate To Limit Courts' Arbitration Review

    Author Photo

    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

    Author Photo

    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Determining When Engineered Biologics May Be Patentable

    Author Photo

    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
    Author Photo

    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

    Author Photo

    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

    Author Photo

    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

    Author Photo

    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.