Intellectual Property

  • November 02, 2026

    IP To PI: Mass. Trade Secrets Attys Rethink Injunction Strategy

    A recent decision by Massachusetts' top appellate court that makes it tougher to secure preliminary injunctions in trade secrets cases will likely force Bay State attorneys to turn to strategies from other areas of intellectual property law to clear the heightened bar.

  • November 02, 2026

    Runway AI Must Face Video Scraping DMCA Suit, Judge Says

    A New York federal judge has refused to toss a proposed class action accusing Runway AI of wrongfully scraping videos YouTube users posted online to train its artificial intelligence system, finding the allegations in the suit under federal copyright law are up to snuff at this point.

  • November 02, 2026

    College Athletes' Attys Seek $18M Cut Of NIL Settlement

    More than a year after the approval of a historic $2.78 billion settlement to share revenue derived from college athletes' name, image and likeness, attorneys for the athletes are seeking $18 million for their work administering the settlement's terms.

  • November 02, 2026

    News Orgs Say Brave Is 'Dealer' For Scraped Content

    The New York Times and a group of regional newspapers have accused Brave Software Inc. of acting as a "dealer" of copyrighted news content scraped from the internet and selling it to the top makers of artificial intelligence for training data.

  • November 02, 2026

    10th Circ. Backs Fee Award In Trade Secret Fight

    The Tenth Circuit has affirmed a Colorado federal court's finding that it lacked jurisdiction over an Illinois couple and their company, which were accused of conspiring to steal trade secrets and give them to a Chinese manufacturer of knockoff products, agreeing they should be granted $183,000 in attorney fees.

  • November 02, 2026

    Copyright Board Rejects UPS Logo Registration Bid

    The U.S. Copyright Office Review Board has ruled that UPS can't register a copyright for its brown-and-gold shield logos, finding that they weren't creative enough to warrant copyright protection.

  • November 02, 2026

    Shop Says Rival Must Arbitrate ENASCAR Trade Secrets Row

    An eNASCAR digital race car shop accused of stealing trade secrets told a North Carolina federal judge the dispute should be arbitrated, arguing the accusations stem from supposed information obtained from its rival's website.

  • November 02, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

  • October 30, 2026

    Law360 MVP Awards Go To Top Attorneys From 89 Firms

    The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

  • October 30, 2026

    Teva, AbbVie To Face Trial Over Niaspan Pay-For-Delay Claims

    Long-running multidistrict litigation over AbbVie and Teva Pharmaceuticals' agreement to delay generic forms of cholesterol drug Niaspan is headed toward trial, after a Pennsylvania federal judge Friday found a genuine dispute over whether their agreement was a pay-to-delay settlement that violated antitrust laws.

  • October 30, 2026

    'I Can't Get An Answer': Fair Use Fight Irks Anthropic Judge

    A California federal judge overseeing music publishers' high-stakes copyright fight with Anthropic over song lyrics expressed frustration during a hearing Friday, calling the fair use debate "slippery" and citing an "overarching concern" that she can't get clear answers about the categories of AI outputs at issue.

  • October 30, 2026

    OpenAI, Microsoft Copyright Feud Spurs Wave Of Amici Briefs

    A flurry of proposed friend-of-the-court briefs in the OpenAI copyright multidistrict litigation is urging a New York federal judge to treat model training, the acquisition of copyrighted material, and artificial intelligence-generated answers as distinct acts rather than trying to resolve them under a single fair-use ruling.

  • October 30, 2026

    AI Music Startup Wants Labels' Second IP Suit Paused

    Suno Inc. asked a Massachusetts federal judge Friday to pause a second lawsuit from Sony Music Entertainment and Universal Music Group over alleged use of artists' songs to train an artificial intelligence music generator, saying the parties should wait for key rulings in the labels' other suit.

  • October 30, 2026

    What Patent Litigators Should Know From Q3

    More than 1,200 patent suits were filed between July 1 and Sept. 30, and nearly a quarter of them have been assigned to ​U.S. District Judge Rodney Gilstrap, according to data from Lex Machina.

  • October 30, 2026

    Sony, STMicroelectronics Face Patent Suits Over Sensor Tech

    Omni MedSci has hit Japanese electronics giant Sony and European semiconductor company STMicroelectronics with lawsuits in Texas federal court accusing them of infringing patents on technology used in Apple products.

  • October 30, 2026

    Seed-Drill Patent Dispute Sent Back To PTAB By Fed. Circ.

    The Federal Circuit on Friday vacated a Patent Trial and Appeal Board decision finding that agricultural services firm Precision Planting LLC had not shown that a patent covering seed drills was obvious.

  • October 30, 2026

    Fed. Circ. Backs Sonos In Google Encryption Patent Fight

    The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

  • October 30, 2026

    Jury Rules Tax Software Co. Didn't Illegally Poach Workers

    Tax software company Avalara did not illegally lure six workers away from a company acquired by rival Vertex, a Pennsylvania federal jury decided, clearing Avalara of trade secrets theft.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Real Estate Firm Drops Airbnb Suit Over 'BNB' Acronym

    A luxury real estate management company has dropped a lawsuit against Airbnb that claimed it shouldn't be able to monetize the "BNB" acronym as an internationally recognized abbreviation for bed and breakfast.

  • October 30, 2026

    Squires Says AI Advances Will 'Reinvigorate' The IP System

    U.S. Patent and Trademark Office Director John Squires said at a conference Friday that the advent of artificial intelligence has the office "questioning everything," and he believes the technology "completely reinvigorates and allows for renewed confidence" in the patent system.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Trenam Law Beats Bank's DQ Bid In Trade Secrets Suit

    Trenam Law has defeated a bid in Florida federal court from Climate First Bank and other defendants to disqualify the firm from representing a financial technology platform in a trade secrets suit on the grounds that the firm previously represented the bank and had access to its confidential information.

  • October 29, 2026

    9th Circ. Revives Tequila-Maker's TM Fight With Sutter Home

    The Ninth Circuit on Thursday reversed a ruling that blocked Roar Spirits LLC from registering two El Bandido Yankee tequila trademarks, holding that a reasonable factfinder could conclude that differences between El Bandido Yankee and Sutter Home Winery's Bandit boxed wine trademark make it unlikely consumers would confuse the brands.

  • October 29, 2026

    Screenwriter Claims 'Holdovers' Was Lifted From His Script

    A screenwriter has sued a film director and several production companies associated with the 2023 film "The Holdovers," claiming parts of the story of the hit Christmas movie were lifted from an unproduced screenplay he wrote.

Expert Analysis

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • How Public Filing Pilot Is Influencing Litigation Strategy

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    The ongoing pilot program that makes it easier for third parties like journalists or academics to obtain court documents used in certain public hearings is reshaping how litigation teams draft skeleton arguments, settle expert evidence, and identify and restrict sensitive material, say lawyers at Greenberg Traurig.

  • Opinion

    PTAB Panels Should Revamp Their IPR Merits Decisions

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    In light of U.S. Patent and Trademark Office Director John Squires' recent announcement about returning merits institution determinations to the Patent Trial and Appeal Board, the implementing framework should strengthen PTAB panels' responsibility for the benefit of both petitioners and patent owners, says Brandon Theiss at AddyHart.

  • Patent Eligibility Bulletin: Claim Solutions, Not Results

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    In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Opinion

    Clancy Trial Shows Need For Juror Anonymity Reforms

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    Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • Navigating A Key Inflection Point In Biosimilar Sector M&A

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    As biosimilar mergers and acquisitions gain notice amid U.S. Food and Drug Administration reforms, a maturing patent framework and a looming patent cliff, companies diversifying into the higher-growth biologics space should align their regulatory, intellectual property and transactional strategies, say attorneys at Skadden.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • First Steps For Companies Facing AI-Assisted Pro Se Suits

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    As the volume of filings by pro se litigants assisted by artificial intelligence tools continues to increase, companies should adopt a consistent early assessment process to control costs while responding fairly and effectively to such claims, say attorneys at Stradley Ronon.

  • Beware Daubert Pitfalls With Technical Experts In Patent Suits

    Recent decisions on Daubert motions in patent cases show that courts will exclude expert testimony that lacks a solid factual or methodological foundation, regardless of the expert's credentials — underscoring the importance of demonstrating reliability, say attorneys at Steptoe.

  • Wireless Patent Suits Offer Lessons For Data Center Industry

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    As the data center patent litigation wave begins to crest, the industry can gain insight into what's to come by looking to the wireless and telecommunications industries, giving operators and suppliers concrete reasons to revisit their agreements and establish clear allocations of patent risk, say attorneys at Baker Botts.

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