Intellectual Property

  • November 18, 2025

    Polaris Hits Back At 'Settled Expectations' Fed. Circ. Fight

    Polaris PowerLED says Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's denial of patent reviews based on a patent owner's "settled expectations" is not any different from similar cases that have been rejected by the circuit court.

  • November 18, 2025

    DSW Faces Sony IP Suit Amid Jurisdictional Issues For Others

    A California federal judge has ruled that Sony Music Entertainment and other music companies can proceed with a lawsuit that accuses DSW Shoe Warehouse of infringing song copyrights with social media ads, but the plaintiffs must do more to establish jurisdiction over other defendants.

  • November 18, 2025

    4th Circ. Restores Trade Secrets Suit Against Insurance Execs

    The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.

  • November 18, 2025

    USPTO Petitioners Can Detail How They Found Prior Art

    The head of the U.S. Patent and Trademark Office has told all users of the Patent Trial and Appeal Board that there will be a new option for patent challengers to explain how they found prior art they allege renders a patent invalid.

  • November 18, 2025

    Agilent Wants Justices To Eye Invalidation Of CRISPR Patents

    Agilent Technologies wants the U.S. Supreme Court to take up its challenge to a Federal Circuit finding that claims in a pair of its patents on the gene-editing tool CRISPR were invalid, arguing the decision conflicts with rules on which side faces the burden of proving invalidity.

  • November 18, 2025

    Miss America Fight Heats Up With Competing Sanctions Bid

    In a Florida federal court battle over the ownership of the Miss America pageant, the defendants have filed a competing sanctions motion against the plaintiffs and their counsel for "false narratives" following the latter parties' own bid for sanctions filed in September.

  • November 18, 2025

    MVP: Gibson Dunn's Brian Rosenthal

    Gibson Dunn & Crutcher LLP partner Brian Rosenthal was lead counsel during three trial victories for Cisco Systems Inc., including a rare directed verdict in the patent-friendly Western District of Texas with $121 million at stake, earning him a spot as one of the 2025 Law360 Intellectual Property MVPs.

  • November 18, 2025

    Warner Bros. Appeals Village Roadshow's Ch. 11 Rights Sale

    Hollywood studio Warner Brothers asked a Delaware bankruptcy judge on Tuesday to pause the $18.5 million sale of its bankrupt former business partner Village Roadshow's derivative film rights while it challenges the deal.

  • November 17, 2025

    MGA's IP Clash With Rapper T.I. May Head To 9th Circ.

    Hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris urged a California judge Monday not to send their long-running intellectual property case against toy maker MGA Entertainment to the Ninth Circuit, but instead allow a new jury trial on punitive damages to proceed.

  • November 17, 2025

    Engineer Gets 46 Months For Stealing Tech To Aid China

    An engineer was sentenced by a California federal judge to 46 months in prison for stealing trade secrets regarding nuclear missile detection used by the government and planning to send it to the People's Republic of China, the U.S. Department of Justice announced Monday.

  • November 17, 2025

    Columbia Design Patent Survives Reexam In Seirus Row

    A U.S. Patent and Trademark Office examiner has upheld a Columbia Sportswear clothing design patent challenged by rival Seirus Innovative Accessories Inc. in a reexamination, as the companies continue sparring over the patent's validity in a long-running infringement suit.

  • November 17, 2025

    Micron Tells Fed. Circ. $445M Netlist Verdict Was 'Overreach'

    Micron wants the Federal Circuit to undo a Texas federal jury's finding that it owes $445 million for infringing Netlist computer memory patents, saying the verdict came "from overreach at every turn."

  • November 17, 2025

    PTAB Upholds Some Dish Network-Challenged Patent Claims

    The Patent Trial and Appeal Board said Dish Network had successfully shown 13 claims in a patent held by Entropic Communications were unpatentable but four other claims could stand, after being ordered by U.S. Patent and Trademark Office Director John Squires to take a second look at the claims.

  • November 17, 2025

    Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case

    With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.

  • November 17, 2025

    MVP: Desmarais' John Desmarais

    Desmarais LLP partner John Desmarais helped Apple beat a $360 million damages case and protected more than $400 million in damages for Ravgen Inc. in two of his eight trials last year, earning him a spot as one of the 2025 Law360 Intellectual Property MVPs.

  • November 17, 2025

    Fed. Circ. Backs Patent Owner's PTAB Win In Samsung Fight

    A split Federal Circuit panel refused to revive Samsung's challenge to a pair of patents covering a way of navigating through data on an electronic device, shooting down the electronics giant's challenge to the Patent Trial and Appeal Board's finding that it forfeited a key argument.

  • November 17, 2025

    Senior Home Referral Site Must Face False Ad Claims

    A senior living placement site must face a false advertising suit filed by a Georgia assisted living home alleging the platform runs on a pay-to-play model, as a federal judge said he wasn't buying Caring.com's defense that its advertising was innocuous "puffery."

  • November 17, 2025

    Lupin Drops Trade Secrets Case Against Rival

    Pharmaceutical company Lupin Inc. has agreed to drop allegations of stealing trade secrets against Transpire Bio Inc. and former Lupin employee Xian-Ming Zeng, after two other former Lupin employees escaped the suit last month.

  • November 17, 2025

    Paint Maker Sued Over Rolling Stones Song In Ad

    Paint maker Behr was sued by record label ABKCO over claims that it used the Rolling Stones song "Paint It Black" in an advertisement without the proper license.

  • November 17, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.

  • November 17, 2025

    Justices Won't Decide If PTAB Can Review Expired Patents

    The U.S. Supreme Court declined Monday to review whether the Patent Trial and Appeal Board has the authority to review expired patents.

  • November 17, 2025

    Justices Won't Review Ex-Examiner's Patent Bar Rejection

    The U.S. Supreme Court on Monday turned away a former patent examiner's petition, which alleged that the U.S. Patent and Trademark Office wrongly rejected his request to practice before the agency based on a suspension he argued was improper.

  • November 14, 2025

    USPTO Workers Laid Off During Shutdown Recalled To Work

    U.S. Patent and Trademark Office employees who were laid off at the beginning of the government shutdown are being called back to work following the appropriations deal that rescinded reductions in force across the federal workforce.

  • November 14, 2025

    7th Circ. Questions 'Pizza Puff' Maker's Injunction Win

    A Seventh Circuit panel seemed skeptical Friday that a lower court held Little Caesar's to the correct standard when it blocked the chain from using the term "pizza puff" to describe its muffin-pizza products.

  • November 14, 2025

    Campbell's Settles With Politician Who Used Soup Can In Ad

    The Campbell's Co. on Friday resolved its trademark fight in federal court with a Michigan congressional candidate for using its iconic can design in her campaign, with the defendant agreeing to stop producing, distributing or using any of Campbell's marks and trade dress in connection with any campaign, fundraising and promotional materials.

Expert Analysis

  • How Attys Can Use AI To Surface Narratives In E-Discovery

    Author Photo

    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • IP Due Diligence Tips For AI Assets In M&A Transactions

    Author Photo

    Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.

  • How To Strengthen A Case By Mastering Expert Witness Prep

    Author Photo

    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • A Look At Florida's New Protected Series LLC Legislation

    Author Photo

    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Opinion

    New USPTO Leadership Must Address Low-Quality Patents

    Author Photo

    With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

    Author Photo

    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Series

    Playing The Violin Makes Me A Better Lawyer

    Author Photo

    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

    Author Photo

    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • The State Of AI Adoption In The Patent Field

    Author Photo

    The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.

  • Purdue Case Could Transform Patent Obviousness Analyses

    Author Photo

    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • 'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues

    Author Photo

    The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

    Author Photo

    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

    Author Photo

    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • IRhythm IPR Denial Raises Key PTAB Discretion Questions

    Author Photo

    By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

    Author Photo

    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

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.