Intellectual Property

  • October 06, 2025

    Justices Deny Aviation Co.'s Appeal Over TM Trial Rights

    The U.S. Supreme Court on Monday rejected an appeal from a personal aviation company that raised the question of whether parties in trademark infringement cases still have a right to a jury trial when seeking an accounting of profits as the monetary remedy rather than damages.

  • October 06, 2025

    Justices Skip TM Dispute Over Pink Color In Hip Implants

    The U.S. Supreme Court on Monday declined a German medical supplier's appeal challenging a Federal Circuit conclusion that the color pink in a hip joint implant part is not protectable trade dress because its purpose is functional.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    Few Petitions Move Forward In Newest Discretion Reviews

    Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 15 Patent Trial and Appeal Board petitions Friday night, but allowed five challenges to proceed.

  • October 03, 2025

    Cameron Can't Pin $8.9M IP Verdict On Bankrupt Co.'s Owners

    Cameron International Corp. cannot hold the owners of Nitro Fluids LLC liable for a nearly $9 million patent infringement verdict against the bankrupt fracking and oil drilling services group, a Texas federal judge ruled, saying Cameron waited too long to add the owners to the litigation.

  • October 03, 2025

    Paltalk Urges Albright To Revive $65.7M Cisco Patent Verdict

    Paltalk Holdings wants U.S. District Judge Alan Albright to revisit his decision wiping out an over $65.7 million verdict in its favor against Cisco Systems Inc. and ordering a new trial on damages in the patent infringement case, saying the verdict was backed by enough evidence.

  • October 03, 2025

    NIH Sets Patent License Policy Aimed At Promoting Access

    The National Institutes Of Health has implemented a new policy that was proposed during the Biden administration to require those seeking commercial licenses to NIH-owned patents to detail how they will promote patient access for new drugs or medical devices they develop.

  • October 03, 2025

    2nd Circ. Erases Injunction In Pet Supplement False Ad Fight

    The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.

  • October 03, 2025

    Google Beats Search Engine Patent Suit For Good

    A California federal judge on Friday permanently dismissed LookSmart Group Inc.'s suit accusing Google of infringing a search engine patent, saying LookSmart had failed to amend the claims so that they didn't only describe an unpatentable abstract idea.

  • October 03, 2025

    Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule

    The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.

  • October 03, 2025

    Singer Says Ex-Manager's Forgery Might Cost Him 'Millions'

    Grammy Award-winning gospel singer Chandler Moore and his company have filed suit against his business manager and several of his alleged "corporate alter egos," claiming the manager used his position and those entities to enrich himself, misappropriate intellectual property rights and deprive Moore of millions in royalties.

  • October 03, 2025

    Biz Can't Sue Bank Over Patent It Didn't Own, Judge Suggests

    A Western District of Texas magistrate judge recommended Friday that a suit accusing a Canadian bank of patent infringement be tossed, finding that the business that brought the suit didn't actually own the virtual payment methods patent.

  • October 03, 2025

    Man In Fake 5-Hour Energy Plot Sentenced To Time Served

    A Mexican national who admitted to being part of a scheme to peddle counterfeit 5-Hour Energy drinks has been sentenced to time served and ordered to pay nearly $556,000 in restitution to the maker of the supplement in California federal court.

  • October 03, 2025

    11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute

    The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.

  • October 03, 2025

    OpenAI Looks To Ditch XAI's Trade Secrets Theft Suit

    OpenAI Inc. has written off a suit from xAI accusing it of poaching employees in order to steal trade secrets as another attempt by Elon Musk to disrupt OpenAI's efforts to create artificial intelligence that benefits humanity, adding that employees were leaving Musk's company of their own volition.

  • October 03, 2025

    Ex-USPTO Director Vidal Joins Fed. Circ. Advisory Council

    The Federal Circuit's advisory council has brought on a former U.S. Patent and Trademark Office director and a Latham & Watkins LLP partner as its newest members.

  • October 03, 2025

    Newman Opposes Fed. Circ.'s Stay Bid Amid Shutdown

    The government shutdown is no excuse to halt proceedings in Judge Pauline Newman's case for reinstatement to the Federal Circuit, the judge said in an opposition, noting in a Friday filing that the Federal Circuit was seeking to delay its own litigation while pledging to deny similar motions that come before it.

  • October 03, 2025

    Deceased IP Attys' Names Worth $55K, Conn. Judge Rules

    A Connecticut federal judge has declined to upend an expert's valuation amounting to $54,775 in a trademark infringement suit over the names of deceased law partners that appear in the masthead of intellectual property firm Ohlandt Greeley Ruggiero & Perle LLP, determining such a change is unwarranted.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 03, 2025

    Stryker Gets Fed. Circ. To Ax Bone Fusion Patent Claims

    The Federal Circuit on Friday reversed the Patent Trial and Appeal Board's findings that Stryker failed to show that certain claims were anticipated in a trio of OsteoMed patents relating to ways to secure bones together.

  • October 03, 2025

    Getting It Right: An Economist On Transfer Pricing

    Michael McDonald, who retired from EY last month, spent most of his career at the U.S. Treasury Department, working on rules governing how related companies should calculate the value of intangible assets transferred between them, then later contributed to the massive rewrite of international tax rules by the OECD in 2015. McDonald reflected on both projects in an interview with Law360.

  • October 03, 2025

    Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up

    In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.

  • October 03, 2025

    Former Burford Capital Exec Rejoins Steptoe's IP Team

    Steptoe LLP announced the return of one of its intellectual property alumni after she spent about a year and a half underwriting patent investments as a senior vice president of the commercial legal finance firm Burford Capital.

  • October 03, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen billionaire Michael Platt sue his former tax lawyer, five former Deutsche Bank staffers file claims against the German bank and an Italian financier issue a commercial fraud claim against the Vatican and UBS.

Expert Analysis

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Tracking The Evolving Legal Landscape Of Music Festivals

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    The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.

  • USPTO Ex Parte Reexamination Could Become More Popular

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    As inter partes review becomes less effective for challenging patent validity due to recent changes at the U.S. Patent and Trademark Office, ex parte reexamination may provide a viable alternative, with significant cost savings, anonymity and procedural advantages, says Stephen Ball at Husch Blackwell.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Reddit v. Anthropic Is A Defining Moment In The AI Data Race

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    The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • Opinion

    Calif. Must Amend Trade Secret Civil Procedure

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    A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

  • 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

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    In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Patent Ambiguity Persists After Justices Nix Eligibility Appeal

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    The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.

  • What To Know About NCAA Deal's Arbitration Provisions

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    Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.

  • Fed. Circ. In June: Transitional Phrases In Patent Claims

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    The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Expect Unprecedented Delays In USPTO Patent Examination

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    With data from the first half of this year indicating that the U.S. Patent and Trademark Office is on pace to have a record backlog of unexamined patent applications at the end of the fiscal year, applicants and patent prosecutors should consider strategies to mitigate delays, say Matt Kamps and Emily Miller at Husch Blackwell.

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