Intellectual Property

  • May 19, 2026

    Groq, Doctor Strike Deal To End 'Groq Health' TM Suit

    Silicon Valley chipmaker Groq has reached a settlement to end a trademark infringement case it brought in New York federal court against an endocrinologist with a similarly named company.

  • May 18, 2026

    USPTO Data Error Kept Patent Assignment Files From Public

    U.S. Patent and Trademark Office data indicates the office mistakenly kept hundreds of thousands of records of patent ownership transfers from becoming public for years, according to researchers who analyzed the files, an error that experts say could cause complications for anyone who relied on the incomplete data.

  • May 18, 2026

    Judge Won't Apply Foreign Court Orders To NY Stoli TM Fight

    A Manhattan federal judge has ruled that a Russian state-owned company fighting with U.S.-based distributors over the trademark rights to Stolichnaya vodka cannot stop the distributors from repeating arguments that had been rejected by Dutch and Russian courts.

  • May 18, 2026

    Squires, Stewart Zero In On PTAB's Burden Of Proof At Panel

    The leaders of the U.S. Patent and Trademark Office on Monday asked intellectual property experts to wade into debates over the Patent Trial and Appeal Board, focusing in part on whether switching to a stricter burden of proof would address disparate outcomes between the board and district court.

  • May 18, 2026

    Judge Awards $12.9M, Injunction In E-Bike Patent Case

    A Texas federal judge on Monday found that two Chinese electric motorcycle companies owe nearly $13 million for infringing a design patent owned by a rival manufacturer and issued a rare permanent injunction.

  • May 18, 2026

    P-Funk Founder Sues UMG For $1.1M In Frozen Royalties

    Parliament-Funkadelic frontman George Clinton filed suit Friday in Michigan federal court alleging that music industry giant UMG has illegally withheld more than $1.1 million in royalty payments because of a separate lawsuit pending between Clinton and the estate of Clinton's keyboardist in the U.S. Court of Appeals for the Sixth Circuit.

  • May 18, 2026

    Health Co. Wants Kirkland Off IP Case For 'Cardinal Sin'

    A healthcare company suing medical technology company Commure Inc. over alleged trade secret theft has said Kirkland & Ellis LLP should be disqualified from representing Commure because the healthcare company had tried to retain Kirkland prior to filing the suit and shared confidential information before anyone asked who the defendant was going to be.

  • May 18, 2026

    MIT Accuses Microsoft Of Infringing Patents In Cloud Network

    The Massachusetts Institute of Technology hauled Microsoft Corp. into Texas federal court, accusing the technology company of infringing a pair of the university's patents related to "physical unclonable function" technology to secure the company's cloud services.

  • May 18, 2026

    Train Co.'s Claim Construction Dodge Ended IPRs

    Westinghouse Air Brake Technologies Corp.'s attempt to rely on other parties' claim constructions doomed its challenges to Railware Inc. railway traffic control patents, according to U.S. Patent and Trademark Office Director John Squires.

  • May 18, 2026

    Full Fed. Circ. Won't Touch $71M Christmas Tree Patent Ruling

    The full Federal Circuit on Monday rejected Polygroup Ltd.'s request to rethink a panel decision affirming a $71.4 million judgment against it for infringing competitor Willis Electric Co. Ltd.'s artificial pre-lit Christmas tree patent.

  • May 18, 2026

    Calif. High School Athletes Say State's NIL Ban Exploits Them

    High school athletes told a California federal judge that state regulations unfairly limit their name, image and likeness opportunities, contrary to the state governing body's claim that the rules exist to protect amateurism and keep transfers reasonable.

  • May 18, 2026

    Former USPTO Directors Diverge On Patent Injunctions

    The debate over the role of injunctions in patent cases remains active in the U.S., and European leaders shouldn't think that there is a "consensus" in the country, said former U.S. Patent and Trademark Office Director Kathi Vidal.

  • May 18, 2026

    Game Co. Seeks Damages Boost To $1.4B In False Ad Case

    A mobile game company that won a $420 million jury verdict in April against a rival over its use of bots and representations that its games relied on skill has urged a New York federal judge to order an increased disgorgement of $1.4 billion, arguing it was "hard to imagine a civil case with a worse defendant."

  • May 18, 2026

    NYT, Tribune Say Perplexity Can't Fault Users For Bot Outputs

    The New York Times and the Chicago Tribune on Friday urged a New York federal judge to reject Perplexity AI's bid to pare down their copyright and trademark lawsuits, arguing the company cannot blame users for allegedly infringing outputs generated by a system Perplexity itself built with copied news content.

  • May 18, 2026

    Musk's XAI Opposes Anonymity In Deepfake Suit

    Elon Musk's xAI is asking a California federal court to force the use of the real identities of a group of women suing over Grok-generated deepfake images of them in sexual situations, saying they haven't shown that proceeding under pseudonyms is necessary to protect their privacy.

  • May 18, 2026

    Takeda Liable In IBS Drug Pay-For-Delay Trial

    A federal jury in Boston on Monday found Takeda Pharmaceuticals conspired with a generic-drug maker to delay the launch of a generic version of Takeda's anti-constipation drug, awarding purchasers $885 million, a figure that's expected to swell after a rule tripling plaintiffs' antitrust damages is applied.

  • May 18, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of celebrity estate litigation, merger disputes, investor suits, record demands, sanctions fights and questions over corporate moves away from Delaware.

  • May 18, 2026

    MLB's Cubs Seek Quick Win In TM Battle With Bar Owner

    The Chicago Cubs told an Illinois federal court to grant them a quick win in the Major League Baseball team's trademark infringement suit against a bar owner who, among other things, allegedly kept using the team's trademarks even after his licensing agreement with it expired.

  • May 18, 2026

    2nd Circ. Looks Poised To Uncork Reversal In Wine TM Fight

    The Second Circuit appeared inclined Monday to reverse a trial judge's findings that left a California winery owing $1.3 million to Italian vintner Cesari SRL in a well-aged trademark dispute, with three judges suggesting the case was improperly decided.

  • May 18, 2026

    Justices Deny Loper Bright-Based Challenge To 1-Line Orders

    The U.S. Supreme Court on Monday rejected yet another challenge to the Federal Circuit's use of one-line orders to affirm Patent Trial and Appeal Board decisions, a practice CAO Lighting Inc. argued violates the high court's Loper Bright Enterprises v. Raimondo precedent.

  • May 18, 2026

    Justices Refuse To Review Alice Ax Of $223M USAA Case

    The U.S. Supreme Court on Monday rejected the United Services Automobile Association's appeal of a Federal Circuit decision that wiped out $223 million in judgments it won against PNC Bank and found the mobile check deposit patents at issue invalid for covering only abstract ideas.

  • May 18, 2026

    Supreme Court Won't Revive Car ID Patent Claims

    The U.S. Supreme Court on Monday shot down a vehicle identification system patent owner's challenge to the Federal Circuit's reversal of the Patent Trial and Appeal Board's decision allowing it to amend claims in two patents challenged by rideshare giant Lyft.

  • May 15, 2026

    Fed. Circ. Drops A Theme Song, Talks Guest Judges

    The Federal Circuit's full lineup came together Friday to provide practitioners with insight about their experience sitting on other courts, in a conference where the chief judge dropped the court's first (and only) single.

  • May 15, 2026

    Software Firm Seeks Belgian Venue For Calif. Cannabis Suit

    A Belgian software company has urged a California state court to throw out a nearly $400,000 fraud and breach of contract lawsuit filed by the owners of the PlugPlay cannabis vape brand, arguing both sides agreed all disputes must be litigated in Belgium.

  • May 15, 2026

    Artist's Atty Owes Disney $475K Sanctions In 'Moana' IP Case

    An attorney representing an animator who unsuccessfully alleged that The Walt Disney Co.'s "Moana" lifted his Polynesian adventure story must pay more than $475,000 in sanctions, a California federal judge ruled, saying he "acted recklessly" by pursuing trade secret misappropriation claims premised on a forged document.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

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.