The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
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Intellectual Property
THURSDAY, JANUARY 8, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Fed. Circ. Faults Lower Court In Parking Patent Case

By Adam Lidgett

The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.

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11th Circ. Affirms YouTube Win Over DMCA Safe Harbor

By Carolina Bolado

The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.

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Fed. Circ. Suggests Sepsis Test IP Needs Claim Construction

By Dani Kass

U.S. Circuit Judge Todd M. Hughes appeared largely persuaded Wednesday that a Delaware federal jury improperly engaged in post-trial claim construction when overriding Magnolia Medical Technologies Inc.'s $2 million infringement verdict, in an appeal that also had the Federal Circuit jurist thanking God that he doesn't try patent cases.

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VW Joins The Fed. Circ. Fray Over Patent Review Discretion

By Theresa Schliep

Volkswagen is the latest company to contest policy changes at the U.S. Patent and Trademark Office that make it harder to pursue patent challenges, telling the Federal Circuit that the agency's "unfettered discretion" to deny such challenges violates the U.S. Constitution.

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Athletics' Bid For TMs Ahead Of Vegas Move Denied

By Ivan Moreno

The Athletics Major League Baseball team, which is planning to move from California to Las Vegas in 2028, has failed to register a trademark for "Las Vegas Athletics" and "Vegas Athletics," with the U.S. Patent and Trademark Office concluding that the marks are primarily geographically descriptive.

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PATENTS

Warner Bros. Hits Nokia With Antitrust Claims In Patent Case

By Ryan Davis

Warner Bros. has fired back at Nokia's video coding patent suit against it with allegations that the Finnish company has violated antitrust law by running an "unlawful monopolization scheme" on the technology and going back on pledges to license its patents on reasonable terms.

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Amazon Stay Bid Should Fail In Patent Suit, WDTX Told

By Adam Lidgett

Texas-based Headwater Research LLC urged a Texas federal court not to pause its suit accusing Amazon of infringing a pair of server and wireless connection patents while the e-commerce giant challenges the patents at the Patent Trial and Appeal Board.

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Biotech Co. Says HHS Infringed Patent With Moderna Vax Deal

By Mark Payne

A biotech company that developed a patented protein technology that allegedly expedited the development of Moderna's COVID-19 Spikevax vaccine sued the U.S. Department of Health and Human Services on Wednesday, claiming the feds infringed its patent through a contract to develop a vaccine with the pharma giant.

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Sonos, Wyze Labs Sued Over Wireless Encryption Patent

By Ben Adlin

California-based patent assertion entity Encryptawave Technologies LLC targeted device-makers Sonos Inc. and Wyze Labs Inc. in separate lawsuits Wednesday in Seattle federal court, accusing the companies of infringing a patent related to wireless network security.

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Brief

Samsung Settles Wi-Fi Patent Suit Ahead Of EDTX Trial

By Elliot Weld

Samsung has settled a case brought by Secure Wi-Fi LLC claiming the South Korean electronics giant's Galaxy smartphones infringed Secure's wireless network patents.

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COPYRIGHTS & TRADEMARKS

DSW Says Sony Copyright Case Filed In Interest Of Efficiency

By Elliot Weld

The owner of shoe retailer DSW has told an Ohio federal court its lawsuit against Sony Music Entertainment seeking an order finding it did not infringe Sony's copyrights was not an anticipatory action but rather an effort to consolidate multiple infringement allegations into one in the interest of efficiency.

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Universal's 'M3GAN' Copied Filmmaker's Doll Pic, Suit Says

By Craig Clough

A low-budget filmmaker sued Universal Studios, Blumhouse Productions and the writers of "M3GAN" in California federal court Tuesday alleging the 2022 hit film bears a "striking resemblance" to his screenplay and movie "Paranormal Adoption."

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Colo. Knife Manufacturer Says Rival Misused Trademarks

By Zach Dupont

A Colorado-based knife manufacturer accused one of its competitors in federal court Wednesday of selling products with its trademark brand name and logo without authorization.

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Brief

Lionel Messi Energy Drink Spat Voluntarily Dismissed

By Elliot Weld

A beverage company behind the White Claw hard seltzer brand and an energy drink company co-owned by internet personalities Logan Paul and Olajide "KSI" Olatunji have agreed to drop a suit seeking a declaration of noninfringement and counterclaims alleging trade dress copying.

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Brief

DC, New Jersey Delis Reach Deal To End Trademark Fight

By Adam Lidgett

Washington, D.C.-based bagel shop and deli Call Your Mother Corp. has agreed to drop a federal trademark lawsuit against a New Jersey deli after the parties reached a deal to end the case.

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EXPERT ANALYSIS

Higher Expectations For 'Schedule A' IP Suits On The Horizon

Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.

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Series

Law School's Missed Lessons: Intentional Career-Building

A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

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LEGAL INDUSTRY

New Assistant AG For Fraud Will Report To White House

By Courtney Bublé

Vice President JD Vance announced on Thursday the creation of a new assistant attorney general role for fraud, which will be overseen by him and the president.

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US Atty In NY Northern District Serving Unlawfully, Judge Says

By Stewart Bishop

A Manhattan federal judge on Thursday held that the acting U.S. attorney for the Northern District of New York is unlawfully serving in his position, the latest in a string of rulings disqualifying prosecutors appointed by President Donald Trump.

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Alito Recuses From Chevron, Exxon Coastal Pollution Case

By Keith Goldberg

U.S. Supreme Court Justice Samuel Alito on Thursday recused himself from considering Chevron and ExxonMobil's effort to place Louisiana pollution lawsuits stemming from the companies' World War II-era production in federal court, just days before the justices hear oral arguments in the case.

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Brief

House OKs $540M For Imperiled Legal Services Corp.

By Emily Sawicki

The "minibus" appropriations bill that the U.S. House of Representatives passed on Thursday includes a lifeline $540 million allocated toward the nonprofit Legal Services Corp. — representing a reduction of $10 million, or 3.6%, compared to fiscal year 2025's budget — whose funding the White House previously suggested should be slashed.

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La. Judge Is Senate's 1st Judicial Confirmation Of 2026

By Courtney Bublé

The Senate voted 53-40 on Thursday to confirm former acting U.S. Attorney Alexander C. Van Hook to be a district judge in the Western District of Louisiana.

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LAW FIRMS IN TODAY'S NEWS

Scott Harris Bryan Barra & Jorgensen

Adams & Reese

Andrew & Williams

Barnes & Thornburg

Blank Rome

Brooks Kushman

Bunsow De Mory

Clement & Murphy

Dacus Law Firm

Debevoise & Plimpton

Direction IP Law

Dorta & Ortega

Faegre Drinker

Farnan LLP

Finnegan

Foley & Lardner

Fross Zelnick

Gillam Smith

Greenberg Traurig

Hahn Loeser

Haynes Boone

Kean Miller

Kirkland & Ellis

Lippes Mathias

Liskow & Lewis

McKool Smith

Morris Nichols

Morrison & Foerster

Organ Law LLP

Paul Weiss

Perkins Coie

Quinn Emanuel

Russ August

Schwartz White

Shapiro Arato

Sheridan Ross PC

Sidley Austin

Sills Cummis

Stearns Weaver

Susman Godfrey

Talbot Carmouche

Troutman

Weil Gotshal

Williams Law Firm

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

Apple Inc.

BP PLC

Chevron Corp.

ConocoPhillips

Designer Brands Inc.

Eicher Motors Ltd.

Etsy Inc.

Exxon Mobil Corp.

Home Box Office Inc.

Honeywell International Inc.

Konica Minolta Holdings

Lions Gate Entertainment Corp.

Major League Baseball Inc.

National Rifle Association of America

Nintendo Co. Ltd.

Nokia Corp.

Oakland Athletics

Samsung Electronics Co. Ltd.

Sharp Corp.

Sonos Inc.

Sony Music Entertainment Inc.

Toshiba Corp.

Universal Studios Inc.

University of Southern California

Volkswagen AG

Walmart Inc.

Warner Bros. Entertainment Inc.

YouTube Inc.

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Acquisition Regulatory Council

Federal Bureau of Investigation

Federal Energy Regulatory Commission

International Telecommunication Union

International Trade Commission

Legal Services Corp.

New York Attorney General's Office

Patent Trial and Appeal Board

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court

Unified Patent Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Ohio