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Intellectual Property
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Featured
Still No Shenanigans: Fed. Circ. Keeps Review Bar High
The Federal Circuit's rejection of all mandamus petitions asking it to rein in the way U.S. Patent and Trademark Office leadership is evaluating patent challenges cements the appeals court's near-impossible standard for reviewing institution decisions, attorneys say.
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March 20, 2026
X Urges Fed. Circ. To Override $175M Loss Over 'Worthless' IP
Elon Musk's X Corp. is asking the Federal Circuit to free it from a $105 million infringement verdict out of Texas and more than $70 million in interest, saying the patents are "worthless" and the claim it was found to infringe is invalid.
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March 20, 2026
Judge Won't Reopen DIRTT Suit After Sending It To Canada
A Utah federal judge has declined to reinstate a trade secrets dispute between two Canadian construction companies, saying the suing company has not explained how a no-longer-pending summary judgment motion in Canadian court has any bearing on a U.S. court case.
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March 20, 2026
Full Fed. Circ. Urged To Scrutinize $71M Xmas Tree IP Verdict
Polygroup Ltd. urged the full Federal Circuit to undo a panel decision that affirmed a $71.4 million judgment against it for infringing competitor Willis Electric Co. Ltd.'s artificial prelit Christmas tree patent, arguing the "extraordinary decision undermines" the court's principles on damages apportionment.
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March 20, 2026
Fed. Circ. Backs Military In Veterinary Software Dispute
The Federal Circuit on Friday ruled in favor of the government in a dispute with a subcontractor over rights to healthcare software for a U.S. Army veterinary records system, affirming a lower court finding that the contractor failed to present a valid contract claim and could not pursue a copyright infringement claim based on defective registrations.
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March 20, 2026
EU Takes Aim At Chinese Patent Issues At WTO
A World Trade Organization body has agreed to look into a dispute lodged by the European Union against Chinese licensing patent measures that the EU says unduly restrict the ability of certain patent holders to exercise and enforce their patent rights.
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March 20, 2026
Fed. Circ. Revives Patent Infringement Suit Over Paint Tech
The Federal Circuit on Friday threw out a lower court's finding that a spray paint equipment supplier didn't infringe patents covering a part used in paint applications, saying the district court judge misinterpreted certain elements of the patents.
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March 20, 2026
White House Pushes Congress To Override State AI Laws
The White House directed Congress to preempt "burdensome" state laws on artificial intelligence in a legislative framework released Friday.
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March 20, 2026
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen an ex-professional footballer revive a dispute with Charles Russell Speechlys, Virgin Media face a group data protection claim after hundreds of thousands of customers' personal details were exposed online for months, and Mishcon de Reya sued by a real estate private equity firm founded by a former Morgan Stanley executive.
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March 19, 2026
Costco Wipes Out Bum Bum Cream Co.'s Trade Dress Suit
Costco and Apollo Healthcare Corp. defeated a rival's trade dress infringement counterclaim alleging they ripped off the design elements of its "Brazilan Bum Bum" cream container with a rounded bottom and an overhanging lid, after a New York federal judge said Tuesday each of the features is functional and therefore unprotectable.
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March 19, 2026
5th Circ. Weighs Release Of Apple IP Agreements To Xiaomi
A Fifth Circuit panel on Thursday asked why patent licensing agreements between Apple Inc. and Blackberry Corp. should be circulated beyond outside counsel of a Chinese rival to Apple involved in overseas litigation, questioning the parties on why they "can't live" with an exclusion preventing in-house counsel from seeing the records.
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March 19, 2026
Fed. Circ. Rejects Last Challenge To Squires' Discretion
The Federal Circuit on Thursday shot down Volkswagen's mandamus petition claiming that the U.S. Patent and Trademark Office director shouldn't have "unfettered discretion" to deny Patent Trial and Appeal Board challenges, closing the last of 14 related appeals.
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March 19, 2026
USPTO Requires US-Registered Attys For Foreign Patent Apps
The U.S. Patent and Trademark Office on Thursday finalized a rule requiring that foreign patent applicants and owners be represented by attorneys registered with the agency, saying other intellectual property offices have such a policy and arguing that the measure will help combat fraud.
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March 19, 2026
Nokia, Warner Bros. Seek To End Video-Coding Patent Suit
Nokia and Warner Bros. on Thursday agreed to end a legal fight in Delaware federal court after the Hollywood studio earlier this month lost its bid to toss claims that it infringed a set of the Finnish company's video-coding patents.
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March 19, 2026
Del. Supreme Court Revives Payscale's Noncompete Suit
The Delaware Supreme Court on Thursday revived Payscale Inc.'s lawsuit seeking to enforce an 18-month noncompete agreement and related restrictive covenants against a former sales executive, ruling that a lower court dismissed the case too early by improperly weighing facts and drawing inferences against the company.
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March 19, 2026
Apple Watch Redesign Gets Early OK As Patent Loss Upheld
The Federal Circuit on Thursday affirmed a U.S. International Trade Commission decision that found a previous version of the Apple Watch infringes two Masimo blood oxygen monitor patents, but the ruling came one day after an ITC judge said Apple's redesigned version does not infringe those patents.
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March 19, 2026
Squires Concludes That Foreign Gov'ts Can't File AIA Petitions
U.S. Patent and Trademark Office Director John Squires said foreign governments cannot file patent challenges under the America Invents Act, providing the reasoning for his February rejection of a Chinese company's proceeding against an LG touch screen patent.
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March 19, 2026
Fintech Co. Says It Caught Rival Stealing Code 'Red-Handed'
Financial technology company MyCard Inc. has filed a suit against rival Atomic FI Inc. in Delaware federal court alleging MyCard has uncovered direct evidence that the competitor copied proprietary software after planting a hidden "honeypot" string in MyCard's code.
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March 19, 2026
Drug Co. Can't Claim Most Docs Contain Trade Secrets At Trial
A Manhattan federal judge ruled Thursday that a pharmaceutical consulting company won't be allowed to argue to a jury that thousands of documents it did not enter into evidence contain trade secrets amid an ongoing misappropriation trial.
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March 19, 2026
Snoop Dogg's Ice Cream Co. Settles 'Swizzle' TM Battle
Recording artist Snoop Dogg's ice cream company and the fruit bouquet retailer Edible Arrangements have settled a trademark dispute after mediating their use of the word "swizzle" before a Connecticut federal judge.
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March 19, 2026
Organizers Of 7-Marathon Event Accuse Rival Of Defamation
The organizers of an event to run seven marathons across all seven continents in seven days accused two California residents who have organized a similar event of defamation in Florida federal court, alleging they tried to divert participants away via "harassment and intimidation."
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March 19, 2026
Pallet Biz Tells Mich. Judge To Toss Discovery Bid
Pallet company Palltronics is urging a Michigan federal court to deny a rival firm's request for more discovery in their trade secret dispute, arguing the request is unnecessary, premature and filed in bad faith.
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March 19, 2026
Brewery Founder Can't Knock Out $31M Logo Battle
A Georgia federal judge sent to trial a long-running dispute over the ownership of Atlanta-based Sweetwater Brewing's leaping trout logo after ruling Thursday that she couldn't yet sort out "a case so centrally rooted in the conflicting testimony" of the designer and the brewery's former owner.
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March 19, 2026
Judge Declines New Trial Over Smart TV Patents After LG Win
A Texas federal judge won't disturb a jury verdict clearing LG Electronics of allegations that it infringed Multimedia Technologies Pte. Ltd.'s smart television patents, shooting down the patent owner's challenge to the finding that the patents were invalid.
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March 19, 2026
Netflix Sinks Patent Claim In Streaming Tech Dispute
Netflix has scored a win in a suit the streaming giant brought asserting it did not infringe a Broadcom subsidiary's data-caching patents, with a judge finding a patent claim was directed at an ineligible abstract idea.
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March 19, 2026
TriZetto Wants To Expand IP Claims Against Infosys
Cognizant TriZetto Software Group has asked a Texas federal judge to allow it to amend its trade secret suit against Infosys Ltd., saying a recent discovery has revealed that Infosys' alleged misconduct "goes much deeper."
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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Why The Road To Final Four Runs Through The Courthouse
As universities navigate a new college sports landscape in which courts decide eligibility, injunctions shape rosters and contract precision determines competitive stability, they should professionalize their NIL contracting, plan for emergency relief, and prepare for eligibility and damages disputes, say attorneys at Seyfarth.
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5 Tips For Navigating Your Firm's All-Attorney Summit
Excerpt from Practical Guidance
Law firm retreats should be approached strategically as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.
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Series
Coaching Soccer Makes Me A Better Lawyer
Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.
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Winter Olympics Put The Spotlight On IP Issues
This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.
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Series
Law School's Missed Lessons: The Human Element
Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.
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Avoid The Unexpected When Drafting License Agreements
The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.
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A Reliable Liability Shield For Government-Sponsored R&D
The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.
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The Benefits Of Choosing A Niche Practice In The AI Age
As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.
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Have Iconic Twitter Trademarks Been Abandoned?
A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.
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Google's Scraping Suit Asks How Far DMCA Protections Go
A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.
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Trial Advocacy Lessons From 3 Oscar-Nominated Films
Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.
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Series
Podcasting Makes Me A Better Lawyer
Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.
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Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts
Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.
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Opinion
Fed. Circ. Must Bury Design Patent Doctrinal Zombies
After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.
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Why La. Ruling May Open NIL Deals For Int'l Student-Athletes
A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.