Intellectual Property

  • January 21, 2026

    PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told

    A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.

  • January 21, 2026

    Novartis Gets Win On Entresto Patent Tied To Earlier Ruling

    A Delaware federal judge found Wednesday that MSN Pharmaceuticals Inc. infringed a patent covering Novartis Pharmaceuticals Corp.'s blockbuster cardiovascular drug Entresto, saying the issue has already been litigated before.

  • January 21, 2026

    Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says

    The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."

  • January 21, 2026

    Allergan Says Fed. Circ.'s Ax Of $39M Win Misread Record

    A Federal Circuit decision reversing a $39 million verdict against Sandoz in Allergan's suit accusing it of infringing an eyelash growth drug patent misunderstood the evidence and was based on an "indisputably false" premise, Allergan said in a petition for rehearing Tuesday.

  • January 21, 2026

    NC Court Throws Duke A Lifeline In Transfer Battle With QB

    A North Carolina state judge allowed Duke University quarterback Darian Mensah to enter the NCAA transfer portal Wednesday, but prohibited him from signing with another school until ruling on Duke's request for an injunction that would keep him at the university.

  • January 21, 2026

    Disney Can't Dodge 'Toy Story 3' TM Claim On Remand

    A California federal judge has refused to grant Disney a partial win in a trademark infringement case brought by a stuffed-animal manufacturer over the "Toy Story 3" Character Lotso, ruling that the manufacturer had established a Lanham Act case against Disney before the U.S. Supreme Court considered the case.

  • January 21, 2026

    Pot Co., Rolling Paper Maker Settle 'Juicy' Trademark Suit

    A tobacco company and Colorado cannabis company told a federal judge that they have settled a trademark lawsuit in which the maker of Raw rolling papers had asked the court to permanently bar the cannabis company from using its product names.

  • January 21, 2026

    Tex-Mex Chain's 'Feeling' Isn't Trade Secret, NC Biz Court Told

    A chain of upscale Tex-Mex restaurants in North Carolina failed to specify the trade secrets a former manager is accused of stealing to replicate its dining concept at another restaurant in Missouri, defense counsel told a North Carolina Business Court judge on Wednesday.

  • January 21, 2026

    Fed. Circ. Won't Reinstate Text-Tracking Patent Case

    The Federal Circuit on Wednesday affirmed a lower court's decision declining a cellular data-tracking company's request for a new trial, rejecting the company's arguments that the district judge's claim construction had been erroneous.

  • January 21, 2026

    EcoFactor Can't Restore Thermostat IP Claims At Fed. Circ.

    Smart home energy company EcoFactor on Wednesday failed to persuade the Federal Circuit to revive claims in one of its smart thermostat patents following a Patent Trial and Appeal Board decision that invalidated the claims.

  • January 21, 2026

    Litigation Funder, Former GC Reach Deal In Trade Secrets Suit

    Litigation funder Siltstone Capital LLC and its former general counsel have reached a settlement in the company's lawsuit, alleging the GC used trade secrets to form a rival litigation funder.

  • January 21, 2026

    Widow Of 'Sophie's Choice' Author Settles Stage Rights Spat

    The 97-year-old widow of author William Styron has settled a suit by a playwright who claimed he held exclusive rights to the stage version of Styron's novel "Sophie's Choice," according to a filing in Massachusetts state court.

  • January 21, 2026

    Burford Capital Hires New Korea Exec Amid Growth Push

    Burford Capital LLC has hired a new executive to oversee its operations in South Korea as the litigation funder aims to double its portfolio to roughly $15 billion by 2030, in part by expanding its geographic footprint.

  • January 21, 2026

    Maxim Says Playboy Ripped Off Its Modeling Contest

    Maxim has sued Playboy in Manhattan federal court for trade secret misappropriation and copyright infringement, accusing Playboy of copying Maxim's online modeling competition by using the same mechanics and architecture when launching a contest of its own.

  • January 21, 2026

    Fed. Circ. Gives Apple New Shot At Axing Smart Mobile Patent

    The Federal Circuit on Wednesday undid the Patent Trial and Appeal Board's finding that Apple failed to show a Smart Mobile wireless patent was invalid, saying the first claim was unpatentable and that the board needs to rethink the other challenged portions.

  • January 21, 2026

    Music Promoters Fight Free Music Giant's £4M Royalty Claim

    Two music promotion companies have denied owing £4.1 million ($5.5 million) in license fees and other royalties to a royalty-free record label, arguing that the disputed deal ended in 2017 and the label had previously agreed to accept payment in installments.

  • January 21, 2026

    Bill Would Require Stays On Patent Claims Against End Users

    A bill introduced in the U.S. House of Representatives aims to mandate that a stay be implemented on claims against retailers or end users in patent infringement cases when a manufacturer steps in to defend those claims.

  • January 20, 2026

    Martin Shkreli Can't Force Wu-Tang's RZA Into Album Fight

    A New York federal judge has shot down Martin Shkreli's request to add Wu-Tang Clan rappers and producers RZA and Cilvaringz to litigation centered on the group's rare album "Once Upon a Time in Shaolin," slamming Shkreli's motion as "astonishingly devoid of support."

  • January 20, 2026

    Squires Institutes 8 New Patent Reviews, Denies 16 Others

    John Squires, director of the U.S. Patent and Trademark Office, granted eight petitions seeking America Invents Act review of patents, but spurned twice as many others in his latest summary decision.

  • January 20, 2026

    XAI Seeks To Block Calif. GenAI Training Data Disclosure Law

    XAI has urged a California federal court to block the Golden State from enforcing a new law imposing training data disclosure requirements on generative artificial intelligence system developers, saying the law unconstitutionally forces it to reveal its valuable trade secrets to its competitors.

  • January 20, 2026

    Orrick Expands IP Team With Cadwalader, Kirkland Litigators

    Orrick Herrington & Sutcliffe LLP has beefed up its intellectual property litigation team with three new partners experienced in counseling technology and life sciences clients, adding two former Cadwalader Wickersham & Taft LLP litigators in New York and a former Kirkland & Ellis LLP partner in Los Angeles.

  • January 20, 2026

    Texas Jury Says E-Bike Makers Infringed Rival's Patent

    A jury in the Western District of Texas has found that two Chinese electric motorcycle companies infringed a design patent owned by a rival manufacturer, although how much they owe is still up in the air. 

  • January 20, 2026

    Judge Mostly Rejects Discovery Requests In OpenAI MDL

    A Manhattan federal magistrate judge largely rejected a series of requests from a group of authors and news publishers to expand discovery in a copyright infringement case against OpenAI, but directed the parties to confer on some topics to discuss production of certain materials.

  • January 20, 2026

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.

  • January 20, 2026

    Duke Sues To Block Quarterback's Transfer, Citing NIL Deal

    Duke University is suing to stop quarterback Darian Mensah from entering the NCAA transfer portal, saying the sophomore from California is defying his name, image and likeness deal with the Blue Devils, which runs through the end of 2026.

Expert Analysis

  • Utilizing AI In Agriculture Requires A Strong IP Strategy

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    As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Lessons From The Pokemon Patent Firestorm

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    Public outcry against Nintendo being granted a patent over Pokémon gaming mechanics amid its ongoing patent infringement case against "Palworld" developer Pocket Pair, and the U.S. Patent and Trademark Office's subsequent order to reexamine Nintendo's patent, highlight potential risks associated with drafting ambiguous, unnecessarily complex or overly aggressive claims, say attorneys at McNees Wallace.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • How AI Drafting Should Transform Patent Filing Strategies

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    As agentic artificial intelligence reduces the time and expense required to draft and file patents, companies should shift focus away from rationing drafting hours and more toward governing optionality, says Ian Schick at Paximal.

  • 9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

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    Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • IP Appellate Decisions Show 4 Shifts In 2025

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    In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Athlete's Countersuit Highlights Broader NIL Coverage Issues

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    Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.

  • Business Considerations Amid Hemp Product Policy Change

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    With the passage of a bill fundamentally narrowing the federal definition of "hemp," there are practical and business considerations that brands, manufacturers and other parties should heed over the next year, including operational strategies, evaluating contract and counterparty risk, and tax implications, say attorneys at Foley Hoag.

  • Disney's OpenAI Deal Could Be Turning Point In IP Licensing

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    The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

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