Intellectual Property

  • May 27, 2026

    11th Circ. Told YouTube Copyright Win Doesn't Merit Fees

    A Spanish film production company has urged the Eleventh Circuit to uphold a Florida federal judge's refusal to award YouTube attorney fees after the video platform prevailed in a dispute over pirated movies, arguing that the unsuccessful copyright claims raised a novel legal issue and were brought in good faith.

  • May 27, 2026

    Caterpillar Launches New Patent Suits Against Bobcat

    Construction equipment maker Caterpillar Inc. has added to an intellectual property dispute between it and rival Doosan Bobcat by filing patent infringement claims in Delaware federal court and seeking a ban on Bobcat's imports of certain heavy machinery at the U.S. International Trade Commission.

  • May 27, 2026

    Winston & Strawn Lands Baker Botts IP Litigator In Dallas

    Winston & Strawn LLP has strengthened its litigation and intellectual property practices with a Dallas-based partner who came aboard from Baker Botts LLP.

  • May 26, 2026

    Feds, Unified Patents, AT&T Push Back On High Court Bids

    The U.S. Supreme Court received objections to three patent petitions on Tuesday, with Unified Patents fighting Dolby's appeal of its own Patent Trial and Appeal Board win; AT&T and Nokia protesting an attempt to revive a $181 million trial loss; and the U.S. Patent and Trademark Office opposing inventor Gilbert Hyatt's challenge to prosecution laches.

  • May 26, 2026

    USPTO Spurns Reexam Bid For Reusing Failed IPR Theories

    A pair of U.S. Patent and Trademark Office examiners discretionarily denied a request for reexamination of a Fractus SA patent, saying the effort rehashed arguments from an America Invents Act challenge of the same patent that was denied for so-called settled expectations.

  • May 26, 2026

    Packaging Trial Delayed After Both Sides Say Jury Is Tainted

    A Kentucky federal judge has agreed to postpone a trial set to start Tuesday over infringement claims of food packaging patents after both sides complained the jury may have been tainted by being exposed to information about antitrust claims from one party that appeared on a jury questionnaire.

  • May 26, 2026

    Verizon, AT&T Lose Bids To Dodge Database Patent Suits

    AT&T and Verizon lost their bids to escape lawsuits accusing them of infringing a pair of patents covering ways to clean data records after a Delaware federal court on Tuesday rejected their arguments that the patents didn't pass muster under the U.S. Supreme Court's Alice test.

  • May 26, 2026

    Sonrai's $59M Trade Theft Verdict Trimmed To $10.4M

    An Illinois federal judge has reduced a $59 million jury verdict won by garbage truck maker Sonrai Systems to $10.4 million in a case over a rival company poaching a Sonrai executive, finding that while the evidence showed the rival's behavior was reprehensible, it didn't merit the amount the jury awarded.

  • May 26, 2026

    Copyright Suits Against Jan. 6 Attys Won't Be Tossed

    Attorneys who represented Jan. 6 defendants will have to face a consultant's claims that they copied her jury-attitude report without permission after a D.C. federal judge rejected their arguments that their conduct fell under fair use and the public's right to access court records.

  • May 26, 2026

    AI Firms Can't Shake Disney, WB's Copyright Suit

    A California federal judge won't toss a suit by Disney, Warner Bros. Discovery and Universal, accusing Chinese artificial intelligence companies of stealing their intellectual property, saying the studios' claims are clearly plausible at this stage.

  • May 26, 2026

    Fed. Circ. Won't Bring Back $469M Patent Verdict Against Dish

    The Federal Circuit Tuesday refused to reinstate a $469 million jury verdict against Dish Network in a patent suit over technology that skips over sex and swearing in movies, rejecting ClearPlay's challenges to a Utah federal judge's decision wiping out the verdict.

  • May 26, 2026

    Tekion Defends CDK Dealer Software Monopoly Claims

    Tekion Corp. is defending its antitrust claims accusing CDK Global LLC of monopolization, telling a California federal court that the auto dealership management software giant is withholding data that shows its dominant share of the market.

  • May 26, 2026

    Squires' Institution Flips Are Increasing Uncertainty At PTAB

    U.S. Patent and Trademark Office Director John Squires has created a record low institution rate at the Patent Trial and Appeal Board, and attorneys say it's becoming increasingly clear that even an initial approval from the director may not last.

  • May 26, 2026

    Mintz Gets Patent Malpractice Suit Sent From Texas To Mass.

    A former Mintz Levin Cohn Ferris Glovsky and Popeo PC client's professional negligence suit against the firm over its handling of a patent case belongs in Massachusetts rather than Texas federal court, according to a Tuesday order.

  • May 26, 2026

    NC Justices Revive Insurance Co.'s Noncompete Suit

    The Supreme Court of North Carolina has largely revived an insurance company's lawsuit against employees who left for a rival, directing a lower court to better clarify how an adverse inference regarding a "remarkable" spoliation of evidence should impact the renewed trade secret and breach of contract claims.

  • May 26, 2026

    Justices To Consider Taking Judge Newman Case On June 11

    The U.S. Supreme Court is set to decide whether to take up U.S. Circuit Judge Pauline Newman's petition seeking to overturn her suspension from the Federal Circuit on June 11, according to a notice posted Tuesday.

  • May 26, 2026

    Wheel Maker Accuses Competitor Of Patent Infringement

    A Michigan company that manufactures wheels used in heavy equipment has sued a rival business, alleging its patents were being infringed and that the two sides had been unable to come to a resolution to avoid litigation.

  • May 26, 2026

    College Athletes Say NIL Oversight Loophole Hurts Women

    A group of female athletes told a California federal judge that attempts to eliminate certain revenue streams from the NCAA's $2.78 billion class action settlement benefits mostly male athletes while diminishing the protections for women in college sports.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    Music Labels Want To Add 60K Songs To AI Copyright Suit

    Major record labels have asked to expand a copyright infringement lawsuit against an artificial intelligence company, saying they've identified recordings by artists from Billy Joel to Billie Eilish in the training data of Suno Inc.'s AI-powered song generator. 

  • May 22, 2026

    USPTO Defends Squires' Axed PTAB Decision At Fed. Circ.

    The U.S. Patent and Trademark Office is arguing that the Federal Circuit should reject a patent challenger's appeal of Director John Squires' reversal of its successful case against a lottery ticket patent, saying the company doesn't have the right to appeal.

  • May 22, 2026

    Gucci Settles Suit Over Counterfeit Perfume Sales

    Gucci America Inc. agreed to a confidential settlement contract with two companies it accused of trademark infringement, and on Friday, a Michigan federal judge issued a stipulated order granting a permanent injunction prohibiting the defendants from future infractions.

  • May 22, 2026

    Fed. Circ. Won't Save Aerial Imagery Roof-Measuring Patents

    The Federal Circuit on Friday refused to revive a pair of patents covering a system for measuring a roof by using aerial imagery, rejecting the patent owner's arguments over how the Patent Trial and Appeal Board interpreted key phrases.

  • May 22, 2026

    Disney, Cameron Look To Escape Suit Over 'Avatar' Sequels

    Disney, film director James Cameron and his production company, Lightstorm Entertainment Inc., are urging a California federal judge to throw out a suit alleging the sequels in the "Avatar" movie franchise ripped off a writer's ideas, calling most of the case a "conspiratorial fantasy."

  • May 22, 2026

    Snap Patent Fight Shipped From Texas To California

    A Texas federal judge has sent a patent infringement case brought by Intent IQ LLC and AlmondNet Inc. against the company that makes Snapchat to California, saying the patent infringement allegations will be simpler to litigate there.

Expert Analysis

  • Opinion

    USPTO Must Address The Right Question In Sanofi Case

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    The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

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