Moderna Inc. will have to face most of a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines at a trial in Delaware, a federal judge ruled on Monday, invoking "Star Trek" in a summary judgment order that left issues like patent invalidity up to the jury.
Law360
Intellectual Property
TUESDAY, FEBRUARY 3, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

'Star Trek'-Citing Judge Says Moderna Can't Ax $5B Vax IP Suit

By Lauren Berg

Moderna Inc. will have to face most of a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines at a trial in Delaware, a federal judge ruled on Monday, invoking "Star Trek" in a summary judgment order that left issues like patent invalidity up to the jury.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. Grapples With AI Patent Eligibility In Amazon Case

By Ryan Davis

A Federal Circuit panel on Monday expressed skepticism about Rensselaer Polytechnic Institute's argument that an artificial intelligence-related patent it sued Amazon over was wrongly invalidated as abstract, though the court seemed wary of issuing a ruling that could render all AI unpatentable.

Read full article » | Save to favorites »

Split Fed. Circ. Won't Revive Massager Design Patent Case

By Dani Kass

A Maine federal judge properly found Armaid Co. Inc. didn't infringe Range of Motion Products LLC's design patent covering a personal massage device, a divided Federal Circuit held Monday.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. Backs CIT's Objection To ITC Wholesale Redactions

By Jack McLoone

A Federal Circuit panel on Monday affirmed a U.S. Court of International Trade ruling finding the U.S. International Trade Commission was out of line in automatically making all questionnaire responses confidential, saying the CIT "struck the appropriate balance" between confidentiality and public access concerns.

2 documents attached | Read full article » | Save to favorites »

Tracy Anderson Workouts Are Copyrightable, 9th Circ. Told

By Dorothy Atkins

Celebrity fitness trainer Tracy Anderson urged the Ninth Circuit on Monday to reverse a ruling that invalidated copyrights to her "Tracy Anderson Method" workout routines, arguing that her routines are expressive protectable works distinct from yoga poses at issue in the Ninth Circuit's Bikram ruling.

Read full article » | Save to favorites »

Pandora Settles IP Suits By Robin Williams, Other Comedians

By Gina Kim

Pandora Media has resolved yearslong copyright infringement litigation by Robin Williams' estate, Lewis Black and other comedians, who alleged the streaming service owes millions for wrongfully profiting off their performances and works without licensing agreements, following a settlement conference in California federal court Friday.

Order attached | Read full article » | Save to favorites »

Judge Skeptical Of XAI's Claims In OpenAI Trade Secrets Suit

By Ivan Moreno

A California federal judge has said she's inclined to grant OpenAI's motion to dismiss a trade secrets complaint from Elon Musk's xAI "in full," saying the plaintiffs have not provided enough facts to support claims that OpenAI poached employees and stole source code.

Notice attached | Read full article » | Save to favorites »

Modelo, Constellation Seek Permanent Ban On Fake Beers

By Ivan Moreno

Constellation Brands, the exclusive licensee of Modelo's beer brands in the U.S., has asked a Texas federal judge for a permanent injunction against a beer distributor accused of importing and selling counterfeit beers that use labels that copy major Mexican beer brands.

2 documents attached | Read full article » | Save to favorites »

Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

2 documents attached | Read full article » | Save to favorites »

PATENTS

Judge Clears Apple Of Some Haptic Patent Claims

By Elliot Weld

A California federal judge has allowed Apple to escape some patent claims brought by a company that accused the tech giant of infringing the business's vibration technology patents, letting Apple escape literal infringement allegations related to its "monolithic products."

Opinion attached | Read full article » | Save to favorites »

PTAB Sinks Samsung Challenge To Ouraring Patent

By Adam Lidgett

The Patent Trial and Appeal Board has shot down Samsung Electronics Co. Ltd.'s challenge to an Ouraring Inc. smart ring patent amid an ongoing legal dispute that has spanned the board, federal district court and the U.S. International Trade Commission.

Decision attached | Read full article » | Save to favorites »

ITC Issues Rechargeable Battery Import Ban On Chinese Co.

By Adam Lidgett

The U.S. International Trade Commission has issued an order blocking a Chinese company from importing rechargeable batteries that infringe a pair of LithiumHub patents, after the foreign manufacturer was found to be in default in the case.

Decision attached | Read full article » | Save to favorites »

Wireless Charger Rivals Settle Patent Suit On Eve Of Trial

By Adam Lidgett

An Israeli wireless power technology company has agreed to settle its suit alleging a Chinese electronics manufacturer infringed various power transmission patents, a move that came the day before trial was set to commence.

Read full article » | Save to favorites »

COPYRIGHTS & TRADEMARKS

Nvidia Faces New Class Action Over AI YouTube Scraping

By Elliot Weld

Chipmaker and artificial intelligence company Nvidia has been hit with more claims of improperly scraping data from YouTube for training material for its AI model Cosmos.

Complaint attached | Read full article » | Save to favorites »

Songwriter Says He Was Never Paid For Song In 'Smurfs' Film

By Elliot Weld

A musician has sued Paramount Pictures, claiming he was never compensated for a song he wrote that was recorded by singer Rihanna and was used in the "Smurfs" movie and that the studio tried to blame the singer when confronted.

Complaint attached | Read full article » | Save to favorites »

BANKRUPTCY

Businessman Fights Sanctions In $500M Miss America Feud

By Carolina Bolado

Attorneys for a Florida businessman locked in a $500 million dispute over the ownership of the Miss America pageant urged a federal judge Monday not to sanction their client for filing allegedly false documents, arguing they withdrew the documents once they were notified of questions about their authenticity.

Read full article » | Save to favorites »

PEOPLE

Mintz Adds Winston & Strawn ITC Practice Co-Leader In DC

By Emily Johnson

Mintz Levin Cohn Ferris Glovsky and Popeo PC has grown its Washington, D.C., office by bringing a Winston & Strawn LLP equity partner as its International Trade Commission practice co-chair, strengthening the firm's intellectual property services with a patent litigator with two decades of experience.

Read full article » | Save to favorites »

EXPERT ANALYSIS

Assessing Factors Behind Biosimilar Uptake And Competition

As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.

Read full article » | Save to favorites »

FTC Focus: Testing Joint Enforcement Over Loyalty Programs

The Federal Trade Commission's case against Syngenta can be understood both as a canary for further scrutiny over loyalty-discount practices and a signal of the durability of joint federal-state antitrust enforcement, with key takeaways for practitioners and those subject to regulatory antitrust scrutiny alike, say attorneys at Proskauer.

Complaint attached | Read full article » | Save to favorites »

How 2 Tech Statutes Are Being Applied To Agentic AI

The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

Read full article » | Save to favorites »

Series

The Biz Court Digest: Dispatches From Utah's Newest Court

While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

Read full article » | Save to favorites »

NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Paul Weiss Chair's Emails To Epstein Include Apollo Info

By Aebra Coe

Files released by the Department of Justice over the weekend belonging to the late billionaire Jeffrey Epstein show a yearslong relationship between Epstein and Paul Weiss chair Brad Karp, which included dinners, phone calls and meetings, as well as communication related to Paul Weiss client Apollo Global Management.

Read full article » | Save to favorites »

Ex-Goldstein Employee Claims Accountants Made Mistakes

By Jared Foretek

Defense attorneys for SCOTUSblog founder Thomas Goldstein presented evidence Monday that his firm's tax accountants made serious mistakes in tax filings for Goldstein's wife, Amy Howe, in 2021.

Read full article » | Save to favorites »

6th Circ. Clears Judge Boasberg In DOJ Ethics Complaint

By Courtney Bublé

The complaint the U.S. Department of Justice filed against Chief U.S. District Judge James Boasberg of the District of Columbia has been dismissed.

Order attached | Read full article » | Save to favorites »

Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.

Read full article » | Save to favorites »

Fenwick Reaches Deal In FTX Crypto Scam Suit

By Madison Arnold

Fenwick & West LLP and victims of the infamous FTX Trading Ltd. cryptocurrency scam are working toward a settlement in a case over the firm's alleged role in the trading platform's collapse.

Notice attached | Read full article » | Save to favorites »

Watchdog Renews Halligan Bar Complaint After Court Rulings

By Emily Sawicki

The nonprofit Campaign for Accountability on Monday once again launched a bar complaint against former interim U.S. Attorney Lindsey Halligan in Virginia, after the Virginia State Bar declined to pursue an ethics investigation against the attorney last year, calling it a matter for the courts to determine.

Complaint attached | Read full article » | Save to favorites »

Brief

Judiciary Open As Usual Until Thursday Despite Shutdown

By Courtney Bublé

The federal judiciary has enough funding to sustain normal operations until Thursday, following the partial government shutdown that started at midnight on Saturday.

Read full article » | Save to favorites »

DOJ Defends NJ US Atty Office Funding Amid Scrutiny

By Matthew Santoni

Defending the three-person leadership structure of New Jersey's federal prosecution operations since the departure of Alina Habba, an administrator told a federal court that two of the attorneys running the office are paid through the office's budget and the third is funded through the U.S. Department of Justice.

Declaration attached | Read full article » | Save to favorites »

Monthly Merger Review Snapshot

By Matthew Perlman

U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.

Read full article » | Save to favorites »

Catching Up With Delaware's Chancery Court

By Jeff Montgomery

A pair of new high-dollar suits in Delaware's Court of Chancery showed last week that post-deal stock appraisal suits still have legs, despite some efforts to reduce potential from deal-price gains challenges. The week ended with Delaware's justices nipping $100 million from the attorney fees owed by Tesla CEO Elon Musk from $176.2 million to roughly $70.9 million, rejecting part of a Court of Chancery fee calculation.

Read full article » | Save to favorites »

The Top In-House Hires Of January

By Sue Reisinger

Legal department hires over the first month of 2026 included high-profile appointments at SiriusXM, at a host of West Coast tech companies including Microsoft and Meta, and at Black & Decker. Law360 Pulse looks at some of the top in-house announcements from January.

Read full article » | Save to favorites »

Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

Advisors LLC

Arnold & Porter

Audet & Partners

Baker Botts

Bartkowski PLLC

Brann & Isaacson

Cleary Gottlieb

Cooley LLP

Crowell & Moring

DLA Piper

Dority & Manning

Duane Morris

Fenwick & West

Fish & Richardson

Friedman Kaplan

Gibson Dunn

Goldstein & Russell

Goodwin Procter

Gunster Yoakley

Gupta Wessler

Hunton Andrews

Husch Blackwell

Irell & Manella

Jenner & Block

Jones Day

Kennyhertz Perry

King & Ballow

King & Spalding

Kinsella Holley

Kirkland & Ellis

Kluger Kaplan

Knobbe Martens

Kobre & Kim

Lambert Shortell

Latham & Watkins

Leach & Walker

Lewis Brisbois

Lippes Mathias

Manatt Phelps

Mayer Brown

Meritz Reddy

Michael Best & Friedrich

Mintz Levin

Morgan Lewis

Morris Nichols

Morrison & Foerster

Munger Tolles

O'Melveny & Myers

Orrick Herrington

Patton Tidwell

Paul Weiss

Proskauer Rose

Quinn Emanuel

Reed Smith

Robbins LLP

Robins Kaplan

Selendy Gay

Seyfarth Shaw

Shaw Keller

Sheppard Mullin

Sidley Austin

Smith Gambrell

Sullivan & Cromwell

Weil Gotshal

Wiley Rein

Williams & Connolly

WilmerHale

Wilson Robertson & VanDeventer

Winston & Strawn

Ziegler Resnick

COMPANIES IN TODAY'S NEWS

AbbVie Inc.

Amazon.com Inc.

American Bar Association

American Industrial Partners

American Lung Association

Analysis Group Inc.

Anheuser-Busch Inbev SA/NV

Anywhere Real Estate Inc.

Apollo Global Management LLC

Apple Inc.

Aramark

Arbutus Biopharma Corp.

Arctic Glacier Inc.

Assurance IQ LLC

BNSF Railway Co.

Bass Pro Shops

Baylor University

Binance Holdings Ltd.

BlackRock Inc.

Boehringer Ingelheim Vetmedica Inc.

BrightSpring Health Services

Brookfield Asset Management Ltd.

CITGO Petroleum Corp.

CVS Health Corp.

Cabela's Inc.

Campaign for Tobacco-Free Kids

Charter Communications Inc.

Citigroup Inc.

Coinbase Global Inc.

Columbus McKinnon Corporation

Comerica Inc.

Compass Inc.

Constellation Brands Inc.

Corteva Inc.

Cox Communications Inc.

Democracy Forward Foundation

Elliott Investment Management LP

Epic Games Inc.

Equinox Holdings Inc.

Express Scripts Holding Co.

FalconX Ltd.

FedEx Corp.

Fifth Third Bancorp

Flipkart Internet Pvt. Ltd.

Fort Point Capital

Fox Corp.

Gelman, Rosenberg & Freedman

Google LLC

Grupo Modelo SAB de CV

HSBC Holdings PLC

Henkel Corp.

Hewlett Packard Enterprise Co.

Home Box Office Inc.

Impossible Foods Inc.

Instagram Inc.

Intel Corp.

JELD-WEN Inc.

JM Family Enterprises

Janus Henderson Group PLC

Jefferies Financial Group Inc.

Jump Trading LLC

Juniper Networks Inc.

Kimberly-Clark Corp.

Kito Crosby

Kochava

LS Power Development LLC

Lambda Legal Defense & Educational Fund

Liggett Group LLC

LinkedIn Corp.

Live Nation Entertainment Inc.

Meta Platforms Inc.

Miami Heat

Microsoft Corp.

Moderna Inc.

Moelis & Co.

NRG Energy Inc.

NVIDIA Corp.

National Football Museum Inc.

National Treasury Employees Union

Netflix Inc.

New York City Bar Association

Norfolk Southern Corp.

OpenAI OpCo LLC

Pandora Media Inc.

Paramount Pictures Corp.

Qualia Labs Inc.

R.J. Reynolds Tobacco Co. Inc.

Reddy Ice Holdings Inc.

Rensselaer Polytechnic Institute

Samsung Electronics Co. Ltd.

Santa Fe Natural Tobacco Co.

ServiceNow Inc.

Sevita

Sirius XM Radio Inc.

Skydance Media LLC

Spotify Technology SA

Stanford Health Care

Stanford University

Stanley Black & Decker Inc.

Suzano

Syngenta AG

Teck Resources Ltd.

Tesla Inc.

The Goldman Sachs Group Inc.

Tyson Foods Inc.

U.S. Chamber of Commerce

U.S. News & World Report LP

Varsity Brands LLC

Victory Park Capital Advisors LLC

Virginia State Bar

Vizient Inc.

Walmart Inc.

Warner Bros. Discovery Inc.

WeWork Inc.

Yahoo Inc.

YouTube Inc.

Zuora Inc.

Zynga Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Alcohol and Tobacco Tax and Trade

Central Intelligence Agency

Commodity Futures Trading Commission

Competition and Markets Authority

Consumer Financial Protection Bureau

Delaware Court of Chancery

European Commission

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

International Trade Commission

New York Attorney General's Office

New York State Public Service Commission

Office of the Attorney General for the District of Columbia

Office of the Comptroller of the Currency

Patent Trial and Appeal Board

Surface Transportation Board

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the District of New Jersey

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Customs and Border Protection

U.S. Department of Agriculture

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

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

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

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

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

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 New York

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

U.S. District Court for the Southern District of Florida

U.S. Environmental Protection Agency

U.S. General Services Administration

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

Utah Legislature