Intellectual Property

  • September 10, 2026

    Cellspin Media Patent Suit Should Proceed, Judge Says

    A Texas federal magistrate judge said Wednesday the court should not throw out Cellspin Soft Inc.'s patent lawsuit against Fossil Stores I Inc. over systems that can automatically publish social media content, years after a similar case was tossed in California.

  • September 10, 2026

    Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

    A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

  • September 10, 2026

    PTAB Axes Claims In Ex-Intel Chip Patent In Win For Arm

    The Patent Trial and Appeal Board has found that British semiconductor maker Arm Ltd. showed that all the challenged claims of a chip patent owned by patent licensing company Daedalus Prime are invalid.

  • September 10, 2026

    Apple Watch Ban In Masimo ITC Patent Case Hits High Court

    Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    Squires Grants 10 Patent Reviews, Rejects None

    U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

  • September 10, 2026

    EchoStar Says Ex-VP Violated Noncompete In Move To Rival

    A former executive vice president of EchoStar Corp. violated his noncompete agreement when he left his role at the company to take a COO position with a rival company just two weeks later, the telecommunication giant alleged in Colorado state court Wednesday.

  • September 10, 2026

    Baylor, Boston U. Near Deal Over Interlocking 'BU' Logo

    Baylor University says it is moving toward a deal to end its lawsuit claiming that its trademark rights on an interlocking "BU" logo are being infringed by Boston University and that the Massachusetts school's use of the mark causes confusion in the marketplace.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    Judge Won't Touch Verdict In Blood Collection Patent Case

    A Delaware federal judge has denied a bid from medical equipment maker Kurin for a new trial after a jury found it owed Magnolia Medical $1.6 million for infringement of three patents covering blood culture collection products, saying the jury's verdict was not the product of confusion or a miscarriage of justice.

  • September 10, 2026

    Ex-Lighting Co. Workers Must Face Trade Secret Suit

    Three former employees of a lighting company lost a bid to escape a suit alleging they conspired for years to encourage customers to use products supplied by competing companies they operated, with a Connecticut federal judge ruling Thursday that all elements needed to plead a trade secret claim were met.

  • September 10, 2026

    9th Circ. Calls Foul On Judge's NCAA Five-Year Rule Injunction

    The NCAA's five-year eligibility limit may be a commercial rule subject to antitrust scrutiny, but a Nevada federal judge improperly blocked it to let a college baseball player keep playing with little evidence it constrained competition, the Ninth Circuit has said.

  • September 09, 2026

    Feds' NY RICO Case Against Huawei Packs A Punch, Jury Told

    The Brooklyn federal jury in the landmark corporate criminal trial of Huawei on Wednesday heard a prosecutor say they'll have an insider's view of the company's vast criminal operations that relied on stolen trade secrets to grow and kept banks in the dark about its sanctions compliance, while a top executive's deal with the government will seal the fate of the Chinese telecommunications giant.

  • September 09, 2026

    Genius Settles With Panda Ahead Of Sports Tech Patent Trial

    Sports technology company Genius Sports Ltd. and Panda Interactive have agreed to settle a patent dispute over technology that allows viewers to see real-time odds and place a bet while watching a sporting event, according to a notice filed in Texas federal court Wednesday.

  • September 09, 2026

    Deckers Denied New Trial On Ugg Boot Design Patent Validity

    A California federal judge denied Deckers Outdoor Corp.'s bid for a new trial over the validity of its design patent for its Ugg Classic Ultra Mini Boot, finding no error in submitting a question of indefiniteness to a jury.

  • September 09, 2026

    Meta's 'Fanciful' AI Training Disclosures Leave Judge Doubtful

    A California federal judge appeared skeptical Wednesday that Meta Platforms Inc. had identified all magazines used to train its artificial intelligence tool after copyright plaintiffs pointed out Meta disclosed only nine issues spanning a 17-year period, telling Meta's counsel during a hearing that the likelihood Meta used only nine issues "seems rather fanciful to me."

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    Agencies Warn Of Chinese AI Cos. Targeting US Models

    The Cybersecurity & Infrastructure Security Agency, National Security Administration and FBI have released a report claiming Chinese artificial intelligence companies were extracting proprietary capabilities from U.S. AI models through a process known as "distillation."

  • September 09, 2026

    Wine Label Makers Spar Over Injunction In Trade Secret Fight

    A California federal judge on Wednesday weighed whether to grant a wine label company's motion for a preliminary injunction against rivals in a case accusing them of using trade secrets allegedly brought over by a former employee.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Split PTAB Invalidates Japanese Co.'s Patent Claims

    A divided Patent Trial and Appeal Board has thrown out claims in a pair of Seikagaku Corp. patents related to endotoxin detection that were challenged by Charles River Laboratories, finding they were either obvious or anticipated.

  • September 09, 2026

    Ga. Home Health Agency Says Rival's Logo Confuses Patients

    A home health care agency claimed a competitor's use of its trade name and marks has led to negative reviews and confusion among customers, according to a lawsuit filed Wednesday in Georgia federal court.

Expert Analysis

  • Considering The Risks That Arise When IP Outlives Its Owner

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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.

  • Changes Coming To The SBIR And STTR Programs

    Author Photo

    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

    Author Photo

    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

    Author Photo

    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

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.