Intellectual Property

  • July 17, 2026

    Upon Review: The 2026 World Cup's Biggest Legal Stories

    The grandest iteration of the World Cup to date unsurprisingly raised new legal and regulatory disputes, including immigration issues and the White House's intervention in a player disciplinary proceeding. Here, Law360 digs into the legal questions arising from the tournament.

  • July 17, 2026

    Fed. Circ. Upholds PTAB Ax Of Treadmill Patent Claims

    The Federal Circuit on Friday backed a Patent Trial and Appeal Board finding that claims in a Woodway patent on its line of Curve treadmills were invalid, finding the company misinterpreted how the board analyzed key patent language.

  • July 17, 2026

    The Biggest Trade Secret Rulings Of 2026: A Midyear Report

    The Federal Circuit issued two of the year's most consequential trade secret rulings within days of each other, wiping out Insulet's victory in a wearable insulin patch pump case while reopening a software company's path to potentially larger damages in a dispute with Ford Motor Co. Here, Law360 highlights the biggest trade secret decisions so far this year.

  • July 17, 2026

    Online Sellers Owe $14.6M Over Trump-Branded Counterfeits

    A Florida federal judge has ordered 73 online sellers accused of selling counterfeit Trump-branded merchandise to pay a combined $14.6 million, largely adopting a magistrate judge's recommendation to enter default judgments and permanently bar the sellers from unauthorized use of the "Make America Great Again" and "Trump" trademarks.

  • July 17, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Snapchat and Dolby press on with a fresh infringement claim in their ongoing patent battle, The Telegraph face an intellectual property claim by a photo archive, a group of international human rights barristers and chambers sued, and oil business Equinor embroiled in a contract dispute with BP after recently acquiring full ownership in their offshore project. Here, Law360 looks at these and other new claims in the U.K.

  • July 17, 2026

    Wash. Gov.'s High Court Pick Aims To Hold Off 3 Challengers

    In one of the most hotly contested races in this year's Washington Supreme Court, Justice Theo Angelis — who took the high court bench in April after being appointed by Gov. Bob Ferguson — will attempt to defend his Position 5 seat from three challengers, each with a different pitch to voters.

  • July 16, 2026

    Kioxia Hit With $229M Verdict In Viasat Memory Patent Suit

    Japanese memory device company Kioxia owes Viasat more than $229 million for infringing the American communication company's flash memory patent, a Texas federal jury determined Thursday.

  • July 16, 2026

    Quinn Emanuel To Rep OpenAI In Apple Trade Secrets Fight

    OpenAI has turned to Quinn Emanuel Urquhart & Sullivan LLP to represent it in Apple's suit claiming that the artificial intelligence company worked with former Apple employees to misappropriate confidential information and speed up its consumer hardware business, according to the case docket.

  • July 16, 2026

    SAE Says Standards Fight Must Be Arbitrated In Belgium

    A standards-development association for the automotive and aerospace industries urged a D.C. federal court Wednesday to send a copyright feud over publishing rights for certain critical aerospace quality-management standards to arbitration in Belgium, accusing a global aerospace quality consortium of "gamesmanship."

  • July 16, 2026

    Fed. Circ. Asked Not To Shift Moderna Vax Patent Case To Gov't

    Drugmakers like Novartis, former federal judges, a startup group and others have urged the Federal Circuit to reject calls to shift liability in a COVID-19 vaccine patent suit against Moderna to the federal government, saying that doing so would undermine patent rights.

  • July 16, 2026

    'Top Gun' Article Heirs Ask Justices To Review Similarity Test

    The heirs of the journalist whose 1983 magazine article inspired the original "Top Gun" movie have asked the U.S. Supreme Court to revive their copyright lawsuit over "Top Gun: Maverick" and resolve what they call a circuit split over how courts should compare allegedly similar works.

  • July 16, 2026

    Albright Declines To Ship Tesla Dispute To California

    A Texas federal judge on Thursday refused to grant Tesla's request to transfer a patent infringement suit against the electric-car maker to California, finding that all the factors weighed neutrally, and that Tesla had therefore not shown a good reason to move the case.

  • July 16, 2026

    Oracle Accused Of Infringing Delivery App Integration Patent

    Oracle Corp. was sued in Texas federal court Wednesday by a veteran-owned company that alleges the defendant is infringing its patent that integrates third-party delivery apps like DoorDash with a restaurant's own ordering systems, eliminating the need for restaurants to use separate dedicated tablets for each delivery service when accepting online orders.

  • July 16, 2026

    Calif. Tells 9th Circ. AI Disclosure Law Helps Consumers

    The state of California has pressed the Ninth Circuit to affirm a district court's decision denying xAI's injunction request against a state law requiring artificial intelligence companies to disclose what's included in training their models, saying the law advanced "an important governmental interest" in providing transparency to the public.

  • July 16, 2026

    ITC To Probe Netlist Patent Claims Against Samsung, Google

    The U.S. International Trade Commission will launch an investigation into allegations that Samsung, Google, Super Micro Computer, Nvidia and Broadcom infringed a pair of Netlist computer memory patents.

  • July 16, 2026

    Fed. Circ. Vacates $12.7M Copyright Award Against Gov't

    The Federal Circuit on Thursday vacated a $12.7 million copyright award against the federal government over unauthorized copies of software for a project on military health records, holding that the trial judge improperly relied on the project's later cancellation and awarded enhanced damages for willful infringement against the government.

  • July 16, 2026

    Senate Confirms Trump's ITC Commissioner Picks

    The U.S. Senate confirmed five nominees to become commissioners for the U.S. International Trade Commission on Thursday.

  • July 16, 2026

    Senior Home, Care Referral Site Drop False Ad Suit Dispute

    A senior living placement site and a Georgia assisted living home have jointly agreed to end a proposed class action in which the home alleged that the site falsely advertised free services and steered business away from communities that declined to participate in its pay-to-play business model. 

  • July 16, 2026

    Realtek, MediaTek Drop Case Alleging Bogus Patent Litigation

    Taiwanese semiconductor-makers Realtek and MediaTek have agreed to drop a case in which the former accused the latter of colluding with other companies to harass Realtek with bogus patent cases.

  • July 16, 2026

    Fed. Circ. Backs Canon PTAB Wins Over Inkjet Sensor Patents

    The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's decisions to invalidate all claims Canon had challenged in three Slingshot Printing patents covering chips and temperature sensors in inkjet printers.

  • July 16, 2026

    Plastics Biz Denies Copying 'Dragons' Den' Shower Caddy

    A plastics manufacturer has pushed back against claims from a "Dragons' Den"-winning shower products company that it is infringing design rights over a rustproof, glue-on shower caddy, arguing the rights were invalid to begin with.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Intel, Google Fight 'Free Rein' Given To USPTO Head

    Intel and Google have asked the U.S. Supreme Court to vacate a Federal Circuit ruling upholding the U.S. Patent and Trademark Office's precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation, saying the ruling essentially gives the patent office director "free rein."

  • July 15, 2026

    Acorda Can't Add $66M To Award In Ampyra Royalty Fight

    The Second Circuit on Wednesday refused to alter an arbitral award issued to Acorda Therapeutics to include nearly $66 million beyond the $16.6 million it won in a multiple sclerosis drug dispute, saying the company "slept on its rights" and couldn't change the result now.

  • July 15, 2026

    Bristol Myers Sues Generics Cos. Over Planned Cardiac Drug

    Bristol Myers Squibb and MyoKardia have filed patent infringement suits in Delaware against a variety of pharmaceutical companies, including MSN Laboratories and Dr. Reddy's Laboratories, targeting their planned generic versions of the cardiac drug Camzyos.

Expert Analysis

  • Data Center Boom Brings New Patent Risk For Owners

    Author Photo

    As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

    Author Photo

    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • New USPTO Procedure May Be A Boon For Patent Owners

    Author Photo

    The U.S. Patent and Trademark Office's new ex parte reexamination procedure, allowing patent owners to file preorder papers to inform the EPR decision process, marks the first meaningful opportunity for owners to prevent EPR, say attorneys at Knobbe Martens.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

    Author Photo

    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

    Author Photo

    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Submitting Ideas To AI Platforms May Affect Patent Rights

    Author Photo

    Recent judicial developments suggest that disclosing an invention to a consumer artificial intelligence platform constitutes public disclosure, making disciplined use of such tools and early filing strategies essential to preserving patent rights, say attorneys at Day Pitney.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

    Author Photo

    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

    Author Photo

    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • DTSA Data Shows Hidden Value Of Ex Parte Seizure Filings

    Author Photo

    Ten years of Defend Trade Secrets Act data indicate that although there is a low success rate for civil seizure applications, intellectual property litigators should continue filing them anyway in order to better their odds of obtaining other provisional relief, say attorneys at Reed Smith.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

    Author Photo

    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

    Author Photo

    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

    Author Photo

    In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

    Author Photo

    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

    Author Photo

    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

    Author Photo

    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

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.