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Intellectual Property
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January 05, 2026
Quinn Emanuel Contempt In $600M Row Probed By Fed. Circ.
A contempt finding against Quinn Emanuel Urquhart & Sullivan LLP that contributed to a more than $600 million patent judgment against the firm's former client NortonLifeLock was scrutinized by a Federal Circuit panel on Monday, with one judge saying the order appeared to be invalid.
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January 05, 2026
NRA Claims Foundation Hijacked For Rival Fundraising
The National Rifle Association is suing its charitable arm for alleged trademark infringement and breach of contract, claiming the foundation it established in 1990 has been taken over by a "disgruntled faction of former NRA directors" who were ousted after scandals involving former CEO Wayne LaPierre.
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January 05, 2026
Apple Whittles Down 1 Of 2 Touch Screen Patents At PTAB
The Patent Trial and Appeal Board has shot down one of Apple's challenges to claims in a mobile device user interface patent while finding that the majority of the challenged claims in another patent were invalid.
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January 05, 2026
Nicklaus Takes Aim At Bankrupt Golf Co.'s Ch. 11 Loan
Retired professional golfer Jack Nicklaus is opposing the Chapter 11 financing and sale procedures floated by sporting gear and golf course design company GBI Services, saying the business is trying to sell assets that include valuable intellectual property that he owns.
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January 05, 2026
Perplexity Says Reddit Data-Scraping Claims Not Directed At It
Perplexity AI Inc. has told a New York federal judge it should be released from a suit where Reddit Inc. likened the AI startup and three data-scraping companies to bank robbers, saying the social media site had only made allegations of improper data procuring against the scraping companies and not Perplexity itself.
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January 05, 2026
ITC To Review Caterpillar Imports Over Bobcat Patents
The U.S. International Trade Commission has agreed to review allegations that Caterpillar Inc.'s imports of certain types of construction machines infringe patents owned by rival Doosan Bobcat.
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January 05, 2026
Mobile Game Maker Sues To Reverse Trademark Cancellation
A mobile game developer has sued a French rival seeking to reverse a ruling from the Trademark Trial and Appeals Board that canceled its trademark on the term "Edge Games," saying it is legally entitled to priority for the mark since it has used it continuously in commerce.
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January 05, 2026
Sterne Kessler Names First New Managing Director Since 2007
Intellectual property boutique Sterne Kessler Goldstein & Fox PLLC announced Monday it has named its first new managing partner in 18 years, with a trial lawyer and executive committee member taking the helm of the Washington, D.C., firm.
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January 05, 2026
MoFo US Offices Lead 2026 Partner Promotions
More than a dozen attorneys at Morrison Foerster LLP have started the new year with new titles following the firm's Monday announcement of its partner promotions for 2026.
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January 05, 2026
V&E Brings On Kilpatrick Atty To Help Lead IP Practice
Vinson & Elkins LLP announced Monday that it has hired an attorney who helped steer Kilpatrick Townsend & Stockton LLP's patent litigation team to co-lead its IP litigation practice and bolster its capacity to handle patent infringement and other cases.
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January 05, 2026
Spencer Fane Merges With Global IP Counselors In DC
The Missouri-headquartered Spencer Fane LLP has announced its second merger in as many months, growing with a dozen patent and trademark attorneys and patent agents, from Washington, D.C.-based Global IP Counselors LLP, the firm announced Monday.
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January 05, 2026
Shein Hit With Photo Copyright Claim By UK Clothing Retailer
Shein has been sued in a London court by a women's clothing retail brand for allegedly infringing on its copyright by replicating more than 500 photographs in digital adverts and listings on the fashion giant's retail website.
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January 02, 2026
9th Circ. Affirms Kat Von D's IP Win But Says New Test Needed
A Ninth Circuit panel affirmed tattoo artist Kat Von D's jury win Friday over a photographer who claimed she infringed his photo of Miles Davis, although two judges said the "intrinsic" test applied by the jury should be discarded in the circuit because it handcuffs courts to verdicts finding no infringement.
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January 02, 2026
Splunk Appeals Loss Of Posttrial Bid After $1 IP Award
Software company Splunk is appealing a California federal judge's refusal to alter a jury verdict that awarded the company just $1 after finding a rival infringed its copyrighted software.
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January 02, 2026
9th Circ. Affirms Paramount's Win In 'Top Gun' IP Fight
The Ninth Circuit on Friday affirmed Paramount's win in a copyright lawsuit alleging the studio's 2022 "Top Gun: Maverick" blockbuster film failed to credit a journalist whose article inspired the original 1986 movie, finding that similarities between the sequel and the article are too abstract to be protected.
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January 02, 2026
Newman Eyes High Court After Latest Loss On Suspension
An attorney for Federal Circuit Judge Pauline Newman said Friday the 98-year-old judge plans to appeal to the U.S. Supreme Court after the full D.C. Circuit refused to reconsider a decision affirming the dismissal of her lawsuit challenging her suspension.
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January 02, 2026
Baking Co. Sanctioned For Sharing Secret Formula In Affidavit
A baking-products company that a Pennsylvania jury found to have copied a rival's formula will face $11.4 million in legal bills and a permanent ban on making certain products after sharing details of the allegedly copied goods in publicly accessible court documents, a federal judge has ruled.
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January 02, 2026
The Top Sports & Betting Cases To Watch In 2026
As attorneys prepare for a busy year of sports cases centering on antitrust, labor laws and prediction markets, all eyes are sure to be locked on the U.S. Supreme Court, which will decide the fate of two state laws banning transgender girls and women from competing in female sports.
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January 02, 2026
Approach The Bench: What Judges Had To Say In 2025
Jurists discussed their strategies for decision-making, the difficulties of case management, and their predictions for the future of litigation in a dozen interviews with Law360 this year.
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January 02, 2026
Copyright & Trademark Policy And Trends To Watch In 2026
Intellectual property attorneys are waiting to see if the U.S. Copyright Office releases an additional report on artificial intelligence and are curious if the U.S. Patent and Trademark Office continues to speed up its handling of trademark applications. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 02, 2026
Patent Litigation Trends To Watch In 2026
Attorneys are expecting a significant increase in district court litigation after a series of dramatic changes at the U.S. Patent and Trademark Office have made the Patent Trial and Appeal Board less attractive, which is one of the most significant trends for 2026.
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January 02, 2026
Trademark Cases To Watch In 2026
An appeal over the use of foreign words in branding is up for consideration at the U.S. Supreme Court, and a Delaware federal judge is set to deliver his verdict following a bench trial over the "Ugliest House in America." Here are Law360's picks for the trademark cases to watch in 2026.
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January 02, 2026
Trade Secret Trends To Watch In 2026
The landscape of trade secret law could see significant developments in 2026 as courts address the aftermath of astronomical jury awards and navigate jurisdictional tensions surrounding the timing and specifics of trade secret disclosures in litigation.
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January 02, 2026
Copyright Cases To Watch In 2026
U.S. federal courts this year will continue to review consequential copyright infringement suits involving artificial intelligence, while appeals court decisions remain pending in a pair of notable fair use cases involving ROSS Intelligence and Microsoft. Here are Law360's picks for copyright cases to watch in 2026.
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January 02, 2026
Patent Policy To Watch In 2026
After a year of significant shifts in U.S. Patent and Trademark Office policy on patent reviews and patent eligibility, attorneys will be closely following how the changes play out in 2026, along with proposals for further moves, and whether Congress decides to weigh in on patents.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.