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Intellectual Property
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Featured
How Attorneys Are Handling A Patent Review 'Sea Change'
Major changes to the America Invents Act patent review system over the past year have put limits on challenges, requiring patent challengers and owners to rethink their strategies. Here's how attorneys on both sides are calibrating their arguments to have the best chance of success in the new landscape.
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February 17, 2026
CoStar Rival Urges High Court To Reject Antitrust Appeal
A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.
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February 17, 2026
OpenAI's Video App Can't Use 'Cameo' As TM Case Proceeds
A California federal judge issued a preliminary injunction blocking OpenAI from using the word "Cameo" to refer to a component of its Sora AI video generator app in litigation brought by a personalized video provider of the same name, which argued that its consumer reputation was threatened by the artificial intelligence company.
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February 17, 2026
BREAKING: Valve Jury Says Rothschild, Atty Broke Anti-Patent Troll Law
Inventor Leigh Rothschild, his companies and his former attorney broke Washington state's anti-patent trolling law by making a bad faith assertion of patent infringement against video game developer Valve Corp., and Rothschild and his companies breached an intellectual property licensing deal in the process, a Seattle federal jury found on Tuesday.
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February 17, 2026
Squires Ends IPR After ITC Judge Rejects Validity Challenge
U.S. Patent and Trademark Office Director John Squires ended a Patent Trial and Appeal Board review of a Hydrafacial LLC skin treatment patent since the same issue had already been adjudicated in the U.S. International Trade Commission.
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February 17, 2026
Funkadelic Member's Estate Beats Clinton's Sanctions Bid
A Michigan federal judge denied Parliament-Funkadelic bandleader George Clinton's bid to sanction the estate of the band's former keyboardist in their royalty dispute over works recorded before 1976, ruling Tuesday that there's no evidence of bad faith by the estate to pursue its claims, even if they were untimely.
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February 17, 2026
Fox's $5.8M IP Win Unaffected By New Email Service Ruling
A recent Second Circuit decision barring email process service will not disturb a New York federal court's $5.8 million award to Fox Corp. in its feud with Mexican media companies after the judge on Tuesday drew key distinctions between the cases.
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February 17, 2026
Full Fed. Circ. Won't Review Car Seat Patent Case
The full Federal Circuit has declined to hear arguments from Wonderland Switzerland AG that it should undo a panel's reversal of part of a ruling that Evenflo Co. infringed a patent covering car seats.
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February 17, 2026
Intellectual Property Group Of The Year: Williams & Connolly
Williams & Connolly LLP held onto the first contested injunction in Biologics Price Competition and Innovation Act history and defended Pfizer's COVID-19 products against infringement claims, earning the firm a place among the 2025 Law360 Intellectual Property Groups of the Year.
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February 17, 2026
Battery Co. Calls Energizer's Trade Secret Claims 'Meritless'
A California battery company accusing Energizer and Walmart of colluding to fix retail battery prices said Energizer's counterclaims of inducing an account manager to steal trade secrets were "tactical and meritless" and has asked a federal judge to dismiss them.
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February 17, 2026
WIPO Backs Director General For Second Term
The World Intellectual Property Organization has voted to keep its director general on board for a second six-year term to lead the United Nations agency.
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February 13, 2026
4th Circ. Gives Models 2nd Shot At Suit Over Stolen Photos
Several models who said a nightclub used their photos without permission will have another chance at pursuing their trademark infringement claims after the Fourth Circuit on Friday found that the models' failure to respond to the club's motion to dismiss within 14 days was no reason to toss the suit.
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February 13, 2026
Albright Stresses IP Sovereignty In Allowing BMW Injunction
U.S. District Judge Alan Albright has defended BMW's right to a jury trial and the importance of having the U.S. adjudicate its own patents in a Friday opinion explaining why he'd barred Onesta IP from suing BMW in Germany over U.S. patents.
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February 13, 2026
Vicor Loses Appeal Of $25M Verdict In SynQor Patent Fight
The Federal Circuit on Friday shot down electronics company Vicor's challenge to rival SynQor's $25 million award in a patent infringement suit over power converter technology, backing both the initial jury's findings and the lower court's later decision to boost the damages.
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February 13, 2026
PTAB Largely Invalidates Men's Underwear Patent Claims
The Patent Trial and Appeal Board has thrown out most of the claims in a patent on tight-fitting undergarments for men, handing a win to challenger Tommy John after being accused of infringing the patent in New York federal court.
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February 13, 2026
Copyright Claims Board Called Successful Despite Delays
The U.S. Copyright Office says a small-claims tribunal in place since 2022 has largely delivered on Congress' vision of a cheaper, more accessible venue for resolving low-dollar disputes, but structural bottlenecks sometimes drag cases out, in a long-awaited report to lawmakers released Friday.
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February 13, 2026
EU Approves Universal Music's $775M Deal For Downtown
European enforcers have greenlighted Universal Music Group's $775 million purchase of Downtown Music Holdings, after the companies agreed to unload a royalty accounting platform that has access to sensitive information from rival music labels.
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February 13, 2026
Diving Into Syntax, Fed. Circ. Saves Netflix Patent Challenge
The Federal Circuit on Friday revived for the second time a Netflix Inc. challenge to a patent owned by DivX LLC, faulting the Patent and Trial Appeal Board for its interpretation of a key claim limitation that, lacking commas, had two "syntactically and semantically available" constructions.
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February 13, 2026
Judge Unsure OnlyFans Model Can Pin X With Revenge Porn
A Texas federal judge seemed hesitant to buy an argument by an anonymous OnlyFans model that circulation of his images on X constitutes a violation of revenge porn laws, saying Friday the model's claims seem "difficult to reconcile" with the actual text of the law.
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February 13, 2026
Dell Unit Holds Onto $4M In Fees In Patent Case At Fed. Circ.
The Federal Circuit on Friday upheld a Massachusetts federal judge's ruling that a patent infringement case brought against a Dell unit was exceptional, a finding that resulted in the unit being awarded a little over $4 million in attorney fees.
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February 13, 2026
Big Tech Loses Fintiv APA Challenge At Fed. Circ.
U.S. Patent and Trademark Office precedent allowing Patent Trial and Appeal Board petitions to be denied based on the timing of related litigation falls well within the director's discretionary authority, the Federal Circuit said Friday in rejecting an appeal from Apple, Cisco, Google and Intel.
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February 13, 2026
Del. Rules Fox Sports Must Testify In Reggie Bush NCAA Suit
A Delaware Superior Court has approved an out-of-state subpoena compelling Fox Sports Productions LLC to sit for a deposition in former Heisman Trophy winner and NFL star Reggie Bush's defamation lawsuit against the NCAA, clearing the way for sworn testimony as the case heads toward a November trial in Indiana.
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February 13, 2026
ITC Reinstates Patent Claims Against Chinese Resin Importer
The U.S. International Trade Commission has reversed an administrative law judge's decision finding that a Chinese company was not importing fluoride resin products in a way that would infringe patents held by chemical company Syensqo.
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February 13, 2026
Google's Hot Link Patent Claim Challenge Revived At Fed. Circ.
Google was able to reboot its challenge to a "hot link" patent it was accused of infringing, after the Federal Circuit said Friday the Patent Trial and Appeal Board needs to reconsider whether the company could prove one of the claims was invalid.
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February 13, 2026
Intellectual Property Group Of The Year: WilmerHale
WilmerHale helped PNC Bank overcome patent trial losses amounting to multimillions of dollars, while also protecting director M. Night Shyamalan in a copyright suit, earning the firm a place among the 2025 Law360 Intellectual Property Groups of the Year.
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February 13, 2026
Duane Morris Hires Away Bracewell's IP Chair For DC Office
Duane Morris LLP has added its fifth new partner of 2026 as the chair of Bracewell LLP's intellectual property practice group is joining the firm as a partner in Washington, the firm recently announced.
Editor's Picks
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McConaughey Not 'Alright Alright Alright' With AI Fakes
Actor Matthew McConaughey's series of trademarks on audio and video of him saying iconic phrases like "alright alright alright" are drawing appreciation from intellectual property attorneys who see them as an attempt to protect against the unauthorized artificial intelligence-generated use of his voice and likeness, but the effectiveness of the tactic may be limited.
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Is 9th Circ.'s Copyright Test Doomed After Kat Von D Verdict?
Celebrity tattoo artist Kat Von D's realistic tattoo of a famous Miles Davis photo on a friend's arm — and the jury ruling that it did not violate copyright law — could imperil a decades-old Ninth Circuit doctrine for assessing similarity between works, with potential review by a full panel of judges on the horizon.
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How New Judges Can Quell Patent Litigation Fears
Patent litigation has a reputation for being particularly complex due to its technical content, which can be intimidating for litigants, attorneys and judges alike. In the first of a two-part series, several judges in the trenches of patent law spoke with Law360 about how new judges can make patent litigation less overwhelming.
Expert Analysis
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Tick, Tock: Maximizing The Clock, Regardless Of Trial Length
Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.
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Drafting Tech Patents After USPTO's Eligibility Memos
Two recent U.S. Patent and Trademark Office memos on subject matter eligibility declarations provide an evidentiary playbook for artificial intelligence and software patent applications, highlighting how targeted, stand‑alone SMEDs that present objective, claim‑anchored facts can improve patent application outcomes, say attorneys at Reed Smith.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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USPTO Initiatives May Bolster SEP Litigation In The US
The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Trade Secret Steps To Take As Exposure Risk Increases
Against the backdrop of rising trade secret litigation, greater employee mobility and constraints on noncompetes, recent cases highlight the importance of minimizing trade secret risks when employees leave or when new hires join, say attorneys at Sullivan & Cromwell.
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Open Questions After Defense Contractor Executive Order
The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.
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What Artists Can Learn From Latest AI Music Licensing Deals
Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.
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If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access
With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.
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USPTO's New Patentability Focus Helps Emerging Tech
The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Tips For Financial Advisers Facing TRO From Former Firm
The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.
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Learning From A Typical Section 1782 Discovery Case
A California federal judge's recent approval of a Section 1782 application, compelling a U.S.-based company to produce materials relevant to a German patent dispute, usefully illustrates the specific steps foreign litigants must undertake before wielding this powerful tool for obtaining evidence unavailable via discovery mechanisms abroad, say attorneys at Fish & Richardson.
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How To Trademark A Guy In 8 Ways: An IP Strategy Against AI
Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.
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Utilizing The ITC To Combat 'Gray Market' IP Infringement
As technological developments intensify trademark owners' need to respond swiftly to "gray market" sales of international goods imported into the U.S. without the trademark owner's consent, litigating at the U.S. International Trade Commission offers an underutilized enforcement option, say attorneys at MoFo.