Intellectual Property

  • 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.

  • 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.

Expert Analysis

  • 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.

  • Exploring The Legal Gray Area Around AI Voices In Music

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    The growing prevalence of AI music on online platforms highlights unique legal questions and ambiguities surrounding the usage of artificial intelligence to create accurate voice clones of existing singers, says Michael Maicher at Volpe Koenig.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Framing AI Risk Management In The Art World

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    With gallery professionals indicating a widening gap between operational adoption of artificial intelligence and cultural acceptance of AI as an art medium, certain intellectual property, privacy and governance considerations are becoming critical for art industry stakeholders, say attorneys at Holland & Knight.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Opinion

    USPTO Must Address The Right Question In Sanofi Case

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    The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

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