Intellectual Property

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Apple Hit With Derivative Suit Over AI Copyright Infringement

    Apple executives and directors are facing a stockholder derivative action claiming they've been knowingly using copyrighted materials to develop Apple's artificial intelligence services — an unlawful business strategy they knew could lead to litigation from copyright holders, the plaintiff told a California federal court.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    JPMorgan Loses State Trade Secret Claims In Data Suit

    JPMorgan Chase Bank cannot pursue state law trade secret claims against a data analytics company over the alleged misuse of credit card data supplied for regulatory purposes, with a Delaware federal judge ruling Monday that the bank still hasn't tied that conduct to Delaware or Ohio.

  • August 17, 2026

    Judge Suggests Narrowing Patent Suit Against Southwest

    A federal magistrate judge in the Northern District of Texas has recommended that the court eliminate one patent claim from Intellectual Ventures' infringement lawsuit against Southwest Airlines and foreclose presuit damages for some claims, but otherwise preserved the patent-holding company's case.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Judge Flags NASCAR's 'Thorny Problems' With Counterfeiters

    A North Carolina federal judge Monday blocked foreign retailers from selling counterfeit NASCAR gear online but stopped short of shutting down their e-commerce storefronts, saying it's not within the court's purview to combat counterfeiting where the law may fall short.

  • August 17, 2026

    Latest Squires Patent Review Order Grants 1, Denies 3

    U.S. Patent and Trademark Office Director John Squires granted one petition for an America Invents Act patent review and rejected three others in his latest order on institution decisions.

  • August 17, 2026

    Young Athletes Are Wising Up, But Attys Say They're Still Kids

    As the name, image and likeness industry grows and billions of dollars pour into college sports, attorneys who represent student-athletes say that while they're not as green as their youth suggests, they're still vulnerable to bad actors and need to clear business decisions with mom and dad.

  • August 17, 2026

    Doctor Seeks Almost $10M Fees After NJ Copyright Win

    Following a Third Circuit ruling in his favor earlier this year, a Puerto Rican doctor is seeking nearly $10 million in attorney fees from the American Board of Internal Medicine, which first sued him in 2014 in New Jersey federal court over copyright infringement claims.

  • August 17, 2026

    Rising Star: Covington's Nicholas Evoy

    Covington & Burling LLP partner Nicholas Evoy helped AbbVie Inc. fend off generic versions of a blockbuster immunosuppressant and litigated a key U.S. Supreme Court case over America Invents Act challenges, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 17, 2026

    Rebel Creamery Hits Ch. 11 After $24M Loss To Van Leeuwen

    Ice cream company Rebel Creamery has filed for Chapter 11 protection in Utah bankruptcy court with about $24 million in debt, one month after losing a trademark lawsuit brought by rival Van Leeuwen.

  • August 14, 2026

    Stewart Taking Over IP Advocacy Group After Leaving USPTO

    Former Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart has been named CEO and president of the Council for Innovation Promotion, the advocacy group announced Monday.

  • August 14, 2026

    Solar Rival Is Filching Shoals' Customers, Exec Tells Jury

    A solar components company has lost customers to a rival supplier selling what one executive described as a suspiciously similar electrical connection system being marketed at a fraction of the price, a federal jury in North Carolina heard Friday on the first day of testimony in a patent infringement trial.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Bad Bunny Says Judge Made Bad Call On Reggaeton IP Suit

    Attorneys for Bad Bunny and other artists Friday asked a California federal judge to reconsider his order denying their clients an early win in a sprawling copyright case over the origin of reggaeton music, saying the plaintiffs stitched together parts of multiple songs to argue they have a protectable, copyrighted work.

  • August 14, 2026

    Corteva To Pay $3.1M In Ark. AG's Pesticides Antitrust Suit

    Corteva has agreed to pay $3.1 million to settle the Arkansas attorney general's antitrust suit accusing the pesticide maker of using anticompetitive rebates that amount to exclusive agreements to suppress generics competition, according to a preliminary approval motion filed in federal court on Thursday.

  • August 14, 2026

    Cubs, Nationals Say WNBA's 'The W' TM Bid Risks Confusion

    The Chicago Cubs and Washington Nationals have teamed up to oppose the WNBA's bid to register "The W" for apparel, telling the Trademark Trial and Appeal Board that the league's proposed mark is likely to be confused with the baseball clubs' longstanding "W" trademarks.

  • August 14, 2026

    ITC Revives Juul Case Against Altria, Scrubs Invalidity Ruling

    The U.S. International Trade Commission vacated an administrative law judge's determination that a Juul vape patent was invalid, reviving the company's case against Altria's NJOY business because of a claim construction issue.

  • August 14, 2026

    ITC Fights Bid To Force Baby Carrier Co. To Drop Case

    The U.S. International Trade Commission told an Idaho federal court that it should reject a baby carrier manufacturer's request that a judge force a rival litigant to withdraw its parallel complaint before the ITC.

  • August 14, 2026

    USPTO Wants Input On Southwest Outreach Office

    The U.S. Patent and Trademark Office is looking to increase its community outreach in the Southwest and is asking for public input on where it should set up offices in the six-state region.

  • August 14, 2026

    Nielsen Loses At Fed. Circ., Fights Verdict In Patent Row

    The Nielsen Co. Friday lost its attempt at the Federal Circuit to revive claims of a patent it accused TVision Insights Inc. of infringing, as it fights a jury verdict clearing TVision of infringing a separate patent.

  • August 14, 2026

    OpenAI Fights Sanctions Bid In News Copyright MDL

    OpenAI on Friday urged a New York federal judge to reject sanctions that could bar it from relying on a 20 million-chat evidence sample in copyright litigation brought by The New York Times and other news organizations, arguing it did not violate a preservation order or misrepresent its ability to search for copyrighted material.

  • August 14, 2026

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

    The past week in London has seen newly signed Real Madrid footballer Yan Diomandé sued over access to his image rights, Nigel Farage and Reform UK deputy leader Richard Tice accuse the NCA of leaking confidential financial information, and a right-wing American journalist hit The Guardian with a libel claim. 

Expert Analysis

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

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    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

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    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

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    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

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    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

  • Generic Drugs Do Not Reach Patients Sooner In The EU

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    Although the U.S. and European Union take very different approaches to patents, regulatory exclusivities and drug pricing, data shows that the effective market life for brand-name drugs is essentially the same in both jurisdictions, says Margaret Kyle at Mines Paris.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

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