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Intellectual Property
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Featured
3 Fed. Circ. Clashes To Watch In February
The Federal Circuit's argument calendar for next month includes the latest round of the patent slugfest between VLSI Technology and Intel Corp. as well as a patent owner's bid to escape a ruling that it must pay $4 million in attorney fees for a "baseless" suit against EMC Corp.
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January 30, 2026
Brewery Ownership Condition Takes Spotlight In Beer IP Fight
SweetWater Brewing Co.'s chief executive officer asked a Georgia federal judge for an early win Friday in a copyright suit brought by the creator of the company's trout logo, taking aim at the claim that SweetWater could only use the artwork as long as the CEO remained the brewery's owner.
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January 30, 2026
Atty Defends Retyped Docs In $500M Miss America Feud
A Florida attorney testified Friday in a $500 million dispute over the ownership of the Miss America pageant to explain how the operating agreements for two companies associated with the competition were not false but retyped versions of the originals after his laptop was stolen on a trip to Ecuador.
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January 30, 2026
Apple Hit With Patent Claims Over Liquid Glass Design
Peer Global Inc., a company behind an operating system for artificial intelligence, has accused Apple in Texas federal court of infringing a trio of patents with the new Liquid Glass material used to craft its iOS software design.
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January 30, 2026
Google Hit With TM Suit Over 'Gemini' AI Speaker Plans
Google, which launched its "Gemini" artificial intelligence services in 2023, is knowingly infringing a decades-old trademark registration with its expansion into the market of consumer electronics, according to a new lawsuit filed in Florida federal court.
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January 30, 2026
Oracle Accused Of Infringing Wireless Technology Patents
A wireless technology licensing company has sued Oracle, accusing it of selling products and services on its website that infringe its patents related to technology underpinning mobile communication systems, such as 4G and 5G networks.
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January 30, 2026
Defamation Litigation Roundup: Grok, Drummond, Bravo Star
In this month's review of defamation fights, Law360 highlights a suit against Elon Musk's artificial intelligence company over reported sexualized deepfakes of women generated by its flagship model, as well as a verdict in favor of a coal company in its defamation and racketeering case against a former Conrad & Scherer LLP managing partner.
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January 30, 2026
Jury Finds Smoke Shops Liable For $200k In Trademark Case
A jury in Colorado federal court Wednesday found two smoke shops violated a California-based bong maker's trademark for a gravity infuser after a three-day trial, according to court records.
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January 30, 2026
Susman Faces Suit After Ex-Client's Arbitration Loss
Susman Godfrey LLP and a litigation funding business were hit with a lawsuit in Texas state court by an Irish patent litigation business that is challenging the outcome of an arbitration proceeding putting it on the hook for more than $37.8 million.
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January 30, 2026
Google Says Publishers Shouldn't 'Hijack' AI Copyright Suit
Google told a California federal judge that publishers Hachette Book Group and Cengage Learning can file their own case if they want to allege copyright infringement, but should not be allowed to "hijack" an ongoing class action over Google's alleged use of copyrighted material to train artificial intelligence.
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January 30, 2026
Irate Cowboys Fan Says Netflix Stole His TV-Punching Video
A Dallas Cowboys fan says Netflix used a video of him punching his television after a loss by the team in a documentary series, telling a Texas federal court Friday that the streaming giant never obtained his permission to use the video even though he owns the copyright.
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January 30, 2026
ThermoLife Asks Justices To Resolve Split Over Sanctions
ThermoLife is asking the U.S. Supreme Court to take up its fight against a lower court's decision to sanction the company and its CEO as part of a false advertising case, saying the Federal Circuit wrongly backed the award.
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January 30, 2026
Snoop Dogg's Ice Cream Co. Wants To Mediate 'Swizzle' Claim
The rapper Snoop Dogg's ice cream company and multiple Edible Arrangements entities have asked a Connecticut federal court to send their trademark dispute over use of the word "Swizzle" to a magistrate judge for mediation and pause all deadlines in the case until that process is complete.
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January 30, 2026
Schlumberger Sues Ex-Employees Alleging Trade Secrets Theft
Oil field services firm Schlumberger Technology Corp. sued two former longtime employees and two companies, alleging that its trade secrets were stolen during a business collaboration.
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January 30, 2026
Singer Sues Over 'Furious 7' Song Royalties In Calif.
A musician who says he provided vocals on the song "See You Again" used in the film "Furious 7" as a send off to actor Paul Walker and his character Brian O'Conner has filed a lawsuit in California federal court claiming he wasn't properly compensated for his work.
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January 30, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky.
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January 29, 2026
7th Circ. Mulls Army Motto's Protection In TM Retrial Bid
The Seventh Circuit seemed unsure Thursday whether it should grant a California-based T-shirt company relief from a trademark trial loss over its use of the phrase "This We'll Defend" on its products, questioning whether the phrase is too common to warrant protection under federal or common law.
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January 29, 2026
ITC Judge Clears Innoscience's Redesigned Semiconductor
The U.S. International Trade Commission's 2025 decision that Innoscience's semiconductor imports infringe one of Infineon Technologies' patents was made public Thursday, revealing Innoscience has a path to avoid any upcoming ban.
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January 29, 2026
ITC To Review Medical Imaging Imports For Infringement
The U.S. International Trade Commission said it is looking into medical imaging device imports for alleged patent infringement in response to a complaint from a Canadian-American firm.
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January 29, 2026
Valve Scores Partial Win As Its Patent Troll Claims Near Trial
A Seattle federal judge found Wednesday that inventor Leigh Rothschild breached an intellectual property licensing deal by leveling bogus infringement claims against Valve Corp. in 2022 but left other key questions for jurors to consider when the video game company's patent trolling case heads to trial next month.
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January 29, 2026
PTAB Knocks Down 3 More P&G Deodorant Patents
The Patent Trial and Appeal Board has invalidated claims across three more Procter & Gamble deodorant patents, handing personal care product brand Dr. Squatch another win in its challenges to the patents it was accused of infringing in federal court.
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January 29, 2026
Optis' Patent Case Against Apple Inches Closer To 3rd Trial
A Texas federal judge has denied competing motions for summary judgment from Apple Inc. and Optis Wireless Technology LLC and preserved a claim accusing Apple of willfully infringing Optis patents.
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January 29, 2026
Fed. Circ. Won't Revive Streaming IP Suit Against Hulu
A California federal judge was right to free Hulu LLC from allegations that it infringed Sound View Innovations LLC's streaming patent, the Federal Circuit determined Thursday.
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January 29, 2026
USPTO Asked For Clarity On Proposed Foreign Applicant Rule
A trade group representing intellectual property owners wants clarity on the U.S. Patent and Trademark Office's proposed requirement for all foreign patent owners to be represented by a domestic-registered patent practitioner and suggested steps to "promote fairness."
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January 29, 2026
ITC Backs Penalties For Flouting Chocolate Mix Import Ban
The U.S. International Trade Commission has declined to review a decision by an administrative law judge to penalize four grocers found to be violating a ban on importing chocolate malt drink mix.
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January 29, 2026
Squires Rejects Tire Sensor Patent Review After Do-Over
U.S. Patent and Trademark Office Director John Squires has again shot down Revvo Technologies' challenge to a Cerebrum Sensor Technologies Inc. tire sensor patent, undoing for a second time a Patent Trial and Appeal Board decision that granted review.
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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Checking In On Biologics-Related Patent Review Trends
Comprehensive analysis of Patent Trial and Appeal Board data since the PTAB's creation indicates that while inter partes review and postgrant review are potent weapons for challenging biologics-related patents, recent policy changes may reduce their effectiveness, say attorneys at Steptoe.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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Expect Major Shifts In Patent And Trademark Policy This Year
New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.
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And Now A Word From The Panel: MDL Year In Review
2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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Evenflo IP Ruling Shows Evidence Is Still Key For Injunctions
Notwithstanding renewed policy and doctrinal attention to patent injunctions, the Federal Circuit's December decision in Wonderland v. Evenflo signals that the era of easily obtained patent injunctions has not yet arrived, say attorneys at King & Wood.
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What US Cos. Must Know To Comply With Italy's AI Law
Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.
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Fed. Circ. In 2025: A Look At Continued USPTO Tensions
Unanticipated developments in 2025 included a tug-of-war between the Federal Circuit and the U.S. Patent and Trademark Office over inter partes review decisions, and this continued disparity looks set to contribute to another packed year for the court, say attorneys at Knobbe Martens.
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How 2025 Recalibrated Fair Use For The AI Era
Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Patent Applicants Must Get Biologics Enablement Right
As artificial intelligence increasingly becomes a core driver in drug discovery, it is critical for drug companies to adapt their drafting strategies to the unique features of AI-generated inventions, and to pay particularly close attention to enablement standards, says Sanandan Malhotra at Novo Nordisk.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.