Intellectual Property

  • September 16, 2026

    Birkenstock Rival Can't Stomp Out Shoe IP Suit Before Trial

    A Massachusetts federal judge refused Wednesday to grant White Mountain a partial win on Birkenstock's infringement claims in a fight over shoe designs, finding that there are too many factual disputes to determine on summary judgment whether Birkenstock waited too long to sue, so the case must be tried.

  • September 16, 2026

    Goldman Unit Funded Compass Lexecon Raid, Suit Says

    FTI Consulting Inc. and its subsidiary Compass Lexecon have asked a Maryland federal judge to add a Goldman Sachs unit to a long-running suit alleging two former Compass Lexecon employees broke away from the firm and founded a competitor that unlawfully poached clients and talent from the FTI subsidiary using capital from Goldman.

  • September 16, 2026

    New Balance Sues Decathlon Over Kiprun Sneakers 'K' Design

    New Balance hit Decathlon America LLC with a trademark infringement lawsuit over a new line of Kiprun running shoes, with the Boston-based company telling a Massachusetts federal court that the Kiprun design is "virtually identical" to the famous "N" New Balance logo.

  • September 16, 2026

    NFL Players Union Settles Trading Card Licensing Dispute

    The National Football League Players Association has reached a settlement with a Texas-based trading card manufacturer accused of producing and selling NFL-themed trading cards featuring players' likenesses without a license from the union, according to an order filed in Virginia federal court.

  • September 16, 2026

    American Eagle Accused Of Infringing 'Overslept' TM

    A New York sleepwear company sued American Eagle on Wednesday over claims of trademark infringement after the apparel giant launched a line of sleepwear called "Overslept," a trademark that is already registered by the plaintiff.

  • September 16, 2026

    Calif. AI Law Requires Ads To Disclose 'Synthetic Performers'

    Advertisements shown in California that feature artificial intelligence-generated actors must explicitly disclose that such "synthetic performers" were used under a new SAG-AFTRA-backed bill that California Gov. Gavin Newsom signed into law Wednesday.

  • September 16, 2026

    Software Execs Sank Nike Deal Before Joining Rival, Suit Says

    Event software company JRNI Inc. says two former executives conspired to steer its biggest client, Nike, to a rival, then left to join that competitor, according to a complaint filed Tuesday in Massachusetts state court. 

  • September 16, 2026

    Newman Saga Prompts Bill To Limit Judicial Suspensions

    The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

  • September 16, 2026

    Tesla, SpaceX Say Terafab Plant Doesn't Infringe Startup's TM

    Tesla and SpaceX asked a Texas federal judge to find their planned "Terafab" semiconductor manufacturing facility doesn't infringe nanotechnology startup TERA-print's marks, arguing in a declaratory judgment action Tuesday the likelihood of confusion is "vanishingly small" as the parties' products, clients and commercial contexts are completely different. 

  • September 16, 2026

    9th Circ. Backs OpenAI, Microsoft Win Over Source Code Suit

    The Ninth Circuit on Wednesday affirmed the dismissal of a case brought by a group of anonymous programmers who accused OpenAI and Microsoft of taking source code from public repositories on GitHub, ruling that the programmers had not sufficiently put the court on notice that they wished to pursue a theory related to artificial intelligence inputs.

  • September 16, 2026

    Apple, Google, Samsung Face New ITC Probe Over Audio IP

    The U.S. International Trade Commission on Wednesday said it will review BoomCloud 360's claims that Google, Apple and Samsung have imported electronic devices that infringe a trio of patents owned by the spatial audio technology company.

  • September 16, 2026

    EOFlow Says Fed. Circ. Right To Ax $59M Trade Secret Verdict

    EOFlow Co. Ltd. says the Federal Circuit shouldn't rethink a panel's decision allowing it to escape a $59.4 million trade secret judgment, saying insulin product developer Insulet Corp. is trying to dress up factual disputes as issues needing the full court's attention.

  • September 16, 2026

    Michael Best Combines With NY-Based Kane Kessler

    Michael Best & Friedrich LLP announced Wednesday that it is combining with New York-based firm Kane Kessler PC, adding 36 attorneys and a Big Apple presence to a firm that ranked 143rd on Law360's list of the nation's largest law firms.

  • September 16, 2026

    Joe Gibbs Racing Accuses Ex-Director Of Defying Injunction

    Joe Gibbs Racing's former competition director has continued to do work for another NASCAR team that mimics his old job duties in violation of court orders restricting his employment responsibilities, the superteam has alleged in a bid to have him and his new employer held in civil contempt.

  • September 16, 2026

    Bristol-Myers Looks To Block Amgen's Cancer Biosimilar

    Bristol-Myers Squibb Co. has sued rival Amgen Inc., seeking a court order blocking the manufacture of a biosimilar to the cancer drug Opdivo while patent rights on the drug's makeup remain in force.

  • September 15, 2026

    Fed. Circ. Denies Injunction In Firearm Trigger IP Suit

    A Wyoming federal judge properly denied Rare Breed's attempt to enjoin a rival firearms company's sales while litigating a patent infringement and false advertising suit, the Federal Circuit said Tuesday.

  • September 15, 2026

    Anthropic, CEO Ask Judge To Narrow Music Publisher IP Suit

    Anthropic and its CEO, Dario Amodei, have urged a California federal court to carve off parts of a $3 billion copyright infringement lawsuit lodged by major music publishers, taking issue with their claims against Amodei and their arguments about chatbot outputs.

  • September 15, 2026

    Lego Accused Of Infringing Interactive Toy Patents

    An Israeli patent owner on Tuesday hit Lego with a lawsuit in Texas federal court accusing the toymaker's Smart Play interactive building system of infringing patents covering motion-sensitive toys that communicate wirelessly and respond with lights and sounds.

  • September 15, 2026

    College Sports Overhaul Looms Closer After Senate Vote

    The U.S. Senate on Tuesday advanced a bill that would impose sweeping regulations on college sports, teeing up a lively legislative debate as the NCAA looks to ward off a wave of antitrust lawsuits.

  • September 15, 2026

    Databricks, Authors Trade Jabs Over Use Of Books To Train AI

    Artificial intelligence firm Databricks and a group of authors suing for copyright infringement are trading arguments over why a California federal court should rule their way on the issue of whether using books to train AI can count as fair use.

  • September 15, 2026

    Takeda Can't Decertify Amitiza Class After $885M Jury Loss

    A Massachusetts federal court refused Takeda's request to decertify a class of Amitiza buyers, after a jury awarded groups of purchasers a total of $885 million for claims that the drugmaker conspired to delay the launch of a rival generic version of the anti-constipation drug.

  • September 15, 2026

    Fed. Circ. Keeps Samsung, Apple Wins Over Alt Browser IP

    The Federal Circuit on Tuesday issued a one-word order backing Patent Trial and Appeal Board decisions that invalidated claims in patents covering ways to access the internet without a browser, declining to take on the patent owner's challenge to the board's obviousness determinations.

  • September 15, 2026

    UMG Says DistroKid Is Copyright-Infringing 'AI-Slop Pipeline'

    UMG Recordings sued music distributor DistroKid in Delaware federal court Tuesday, calling it an "AI-slop pipeline" that uses copyright infringement and deceptive practices to flood popular streaming platforms with mass-generated artificial intelligence content.

  • September 15, 2026

    Army Accused Of Copying Self-Defense Training Manuals

    A martial arts instructor has accused the U.S. Army, in a Court of Federal Claims lawsuit, of intentionally using his copyrighted training manuals covering self-defense and strategic gun-fighting tactics for law enforcement officers without his permission or compensation.

  • September 15, 2026

    ITC To Eye Part Of Judge's Decision In Medical Dilation Row

    The full U.S. International Trade Commission is set to look at parts of an agency judge's ruling in favor of medical technology company Stryker Corp. in a fight against imports it said infringed its patents on balloon dilation products used in ear, nose and throat procedures.

Expert Analysis

  • 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.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

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