Intellectual Property

  • August 18, 2026

    DSW, Sony Strike Deal In Social Media Music Copyright Fight

    Sony Music Entertainment and DSW's parent company, Designer Brands, have reached a settlement in principle in a copyright infringement suit accusing the shoe retailer and related companies of using more than 100 copyrighted songs in social media advertising without authorization, according to a notice filed in California federal court.

  • August 18, 2026

    Rising Star: Steptoe's Robert Kappers

    Steptoe LLP partner Robert Kappers helped Express Mobile revive a district court infringement case against GoDaddy and then won $170 million at the subsequent trial, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 18, 2026

    ITC Probing Transformers Over Trade Secrets Theft Claim

    The U.S. International Trade Commission has opened an investigation into a California transformer manufacturer's claims that an Indian competitor stole its trade secrets in order to accelerate its entrance into the U.S. market, along with false advertising and trademark infringement claims.

  • August 18, 2026

    Fla. Jury Sides With Condo Owner In Marco Beach TM Trial

    A Florida federal jury has sided with a Marco Island condominium owner and his rental businesses in a trademark lawsuit brought by the developer behind the Marco Beach Ocean Resort, finding they did not infringe the resort's name or crest logo or engage in unfair competition.

  • August 18, 2026

    Jack Daniel's IP Atty Returns To Baker McKenzie In Dallas

    Baker McKenzie has boosted its commercial practice group with a Dallas-based partner who returned to the firm after nearly a decade of in-house intellectual property work with Jack Daniel's Properties Inc.

  • August 17, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    The U.S. International Trade Commission cannot constitutionally resolve a private patent dispute or bar the importation and domestic sales of an infringing party, Altria told the Fourth Circuit on Monday, asking the appellate court to block the vaping patent case Juul has brought before the ITC.

  • August 17, 2026

    DOI Settles 'Peanuts' Music Infringement Claim For $20K

    The U.S. Department of the Interior has agreed to pay $20,000 to the steward of the "Peanuts" television and film music catalog to put to rest claims that the government used music from "A Charlie Brown Christmas" on its social media pages without permission, according to an announcement made Monday.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Apple Hit With Derivative Suit Over AI Copyright Infringement

    Apple executives and directors are facing a stockholder derivative action claiming they've been knowingly using copyrighted materials to develop Apple's artificial intelligence services — an unlawful business strategy they knew could lead to litigation from copyright holders, the plaintiff told a California federal court.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    JPMorgan Loses State Trade Secret Claims In Data Suit

    JPMorgan Chase Bank cannot pursue state law trade secret claims against a data analytics company over the alleged misuse of credit card data supplied for regulatory purposes, with a Delaware federal judge ruling Monday that the bank still hasn't tied that conduct to Delaware or Ohio.

  • August 17, 2026

    Judge Suggests Narrowing Patent Suit Against Southwest

    A federal magistrate judge in the Northern District of Texas has recommended that the court eliminate one patent claim from Intellectual Ventures' infringement lawsuit against Southwest Airlines and foreclose presuit damages for some claims, but otherwise preserved the patent-holding company's case.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Judge Flags NASCAR's 'Thorny Problems' With Counterfeiters

    A North Carolina federal judge Monday blocked foreign retailers from selling counterfeit NASCAR gear online but stopped short of shutting down their e-commerce storefronts, saying it's not within the court's purview to combat counterfeiting where the law may fall short.

  • August 17, 2026

    Latest Squires Patent Review Order Grants 1, Denies 3

    U.S. Patent and Trademark Office Director John Squires granted one petition for an America Invents Act patent review and rejected three others in his latest order on institution decisions.

  • August 17, 2026

    Young Athletes Are Wising Up, But Attys Say They're Still Kids

    As the name, image and likeness industry grows and billions of dollars pour into college sports, attorneys who represent student-athletes say that while they're not as green as their youth suggests, they're still vulnerable to bad actors and need to clear business decisions with mom and dad.

  • August 17, 2026

    Doctor Seeks Almost $10M Fees After NJ Copyright Win

    Following a Third Circuit ruling in his favor earlier this year, a Puerto Rican doctor is seeking nearly $10 million in attorney fees from the American Board of Internal Medicine, which first sued him in 2014 in New Jersey federal court over copyright infringement claims.

  • August 17, 2026

    Rising Star: Covington's Nicholas Evoy

    Covington & Burling LLP partner Nicholas Evoy helped AbbVie Inc. fend off generic versions of a blockbuster immunosuppressant and litigated a key U.S. Supreme Court case over America Invents Act challenges, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 17, 2026

    Rebel Creamery Hits Ch. 11 After $24M Loss To Van Leeuwen

    Ice cream company Rebel Creamery has filed for Chapter 11 protection in Utah bankruptcy court with about $24 million in debt, one month after losing a trademark lawsuit brought by rival Van Leeuwen.

  • August 14, 2026

    Stewart Taking Over IP Advocacy Group After Leaving USPTO

    Former Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart has been named CEO and president of the Council for Innovation Promotion, the advocacy group announced Monday.

  • August 14, 2026

    Solar Rival Is Filching Shoals' Customers, Exec Tells Jury

    A solar components company has lost customers to a rival supplier selling what one executive described as a suspiciously similar electrical connection system being marketed at a fraction of the price, a federal jury in North Carolina heard Friday on the first day of testimony in a patent infringement trial.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Bad Bunny Says Judge Made Bad Call On Reggaeton IP Suit

    Attorneys for Bad Bunny and other artists Friday asked a California federal judge to reconsider his order denying their clients an early win in a sprawling copyright case over the origin of reggaeton music, saying the plaintiffs stitched together parts of multiple songs to argue they have a protectable, copyrighted work.

  • August 14, 2026

    Corteva To Pay $3.1M In Ark. AG's Pesticides Antitrust Suit

    Corteva has agreed to pay $3.1 million to settle the Arkansas attorney general's antitrust suit accusing the pesticide maker of using anticompetitive rebates that amount to exclusive agreements to suppress generics competition, according to a preliminary approval motion filed in federal court on Thursday.

Expert Analysis

  • Determining When Engineered Biologics May Be Patentable

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    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
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    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

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    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

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    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

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    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.

  • 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.

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