Expert Analysis

• Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

  

  The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

• Shopify Settlement Clouds Open-Source Copyright Limits

  

  Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

• What Data Says About Biologics-Related Ex Parte Challenges

  

  An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.

• CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

  

  Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

• Looking At Drake's Diss Track Appeal Through An IP Lens

  

  Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

• Series

  Bass Fishing Makes Me A Better Lawyer

  

  Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

• Roundup

  The Most Talked-About Supreme Court Decisions Of 2026

  

  This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

• Fighting The Evidentiary Risks Of Deepfakes In Court

  

  Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

• Coordinating Life Sciences IP Strategies In The US And EU

  

  As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

• Trademark Law As A Tool To Bolster NIL Rights Against AI

  

  The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

• 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

  

  The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

• Quantum Readiness May Paradoxically Raise Contractor Risk

  

  The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

• Why Biotech Cos. Need Litigation Plans Before Bad News

  

  Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

• 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

  

  When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

• Trump EOs Pair Quantum Push With Cyber Defense Overhaul

  

  Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.