Intellectual Property

  • 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.

  • August 14, 2026

    Cubs, Nationals Say WNBA's 'The W' TM Bid Risks Confusion

    The Chicago Cubs and Washington Nationals have teamed up to oppose the WNBA's bid to register "The W" for apparel, telling the Trademark Trial and Appeal Board that the league's proposed mark is likely to be confused with the baseball clubs' longstanding "W" trademarks.

  • August 14, 2026

    ITC Revives Juul Case Against Altria, Scrubs Invalidity Ruling

    The U.S. International Trade Commission vacated an administrative law judge's determination that a Juul vape patent was invalid, reviving the company's case against Altria's NJOY business because of a claim construction issue.

  • August 14, 2026

    ITC Fights Bid To Force Baby Carrier Co. To Drop Case

    The U.S. International Trade Commission told an Idaho federal court that it should reject a baby carrier manufacturer's request that a judge force a rival litigant to withdraw its parallel complaint before the ITC.

  • August 14, 2026

    USPTO Wants Input On Southwest Outreach Office

    The U.S. Patent and Trademark Office is looking to increase its community outreach in the Southwest and is asking for public input on where it should set up offices in the six-state region.

  • August 14, 2026

    Nielsen Loses At Fed. Circ., Fights Verdict In Patent Row

    The Nielsen Co. Friday lost its attempt at the Federal Circuit to revive claims of a patent it accused TVision Insights Inc. of infringing, as it fights a jury verdict clearing TVision of infringing a separate patent.

  • August 14, 2026

    OpenAI Fights Sanctions Bid In News Copyright MDL

    OpenAI on Friday urged a New York federal judge to reject sanctions that could bar it from relying on a 20 million-chat evidence sample in copyright litigation brought by The New York Times and other news organizations, arguing it did not violate a preservation order or misrepresent its ability to search for copyrighted material.

  • August 14, 2026

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

    The past week in London has seen newly signed Real Madrid footballer Yan Diomandé sued over access to his image rights, Nigel Farage and Reform UK deputy leader Richard Tice accuse the NCA of leaking confidential financial information, and a right-wing American journalist hit The Guardian with a libel claim. 

  • August 13, 2026

    Serena Williams Loses Bid To Register 'Serena Ventures' TM

    The Trademark Trial and Appeal Board has denied tennis star Serena Williams a trademark registration for the phrase "Serena Ventures" for her venture capital business, saying it's likely to be confused with an existing registration for "Serena" that covers overlapping services.

  • August 13, 2026

    Netlist Targets Micron, HPE After Huge Samsung IP Deal

    Netlist Inc. has filed a new U.S. International Trade Commission complaint accusing Micron and three other companies of infringing multiple memory patents with their imports, less than two weeks after the patent owner announced a nearly $1 billion licensing deal with Samsung over the same technology.

  • August 13, 2026

    Baker Botts Atty Cleared Of Defamation In Inventor's Suit

    A Florida federal judge on Thursday tossed a defamation claim against a Baker Botts LLP patent attorney after agreeing with a magistrate judge's conclusion that an inventor had not shown that the lawyer's comments to a reporter were defamatory.

  • August 13, 2026

    J&J Says No To Reviving Stelara Case

    Johnson & Johnson has asked the Fourth Circuit not to revive CareFirst's antitrust suit alleging the company tried to monopolize the market for the immunosuppressive drug Stelara.

  • August 13, 2026

    Large Cos., Foreign Filers Winning At USPTO, Report Finds

    The U.S. Patent and Trademark Office has been leaving independent inventors behind with patent grants, instead favoring large corporations based in the U.S. and abroad, according to a new report from Labrynth.

  • August 13, 2026

    4th Circ. Won't Undo Block Of Gilead-Branded Drug Imports

    The Fourth Circuit on Thursday refused to undo a lower court's order in a trademark suit that blocked a vendor, used by health plans to cut medication costs, from importing Gilead-branded medications into the U.S.

Expert Analysis

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

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