Intellectual Property

  • January 21, 2026

    Disney Can't Dodge 'Toy Story 3' TM Claim On Remand

    A California federal judge has refused to grant Disney a partial win in a trademark infringement case brought by a stuffed animal manufacturer over the "Toy Story 3" character Lotso, ruling that the manufacturer had established a Lanham Act case against Disney before the U.S. Supreme Court considered the case.

  • January 21, 2026

    Pot Co., Rolling Paper Maker Settle 'Juicy' Trademark Suit

    A tobacco company and Colorado cannabis company told a federal judge that they have settled a trademark lawsuit in which the maker of Raw rolling papers had asked the court to permanently bar the cannabis company from using its product names.

  • January 21, 2026

    Tex-Mex Chain's 'Feeling' Isn't Trade Secret, NC Biz Court Told

    A chain of upscale Tex-Mex restaurants in North Carolina failed to specify the trade secrets a former manager is accused of stealing to replicate its dining concept at another restaurant in Missouri, defense counsel told a North Carolina Business Court judge on Wednesday.

  • January 21, 2026

    Fed. Circ. Won't Reinstate Text-Tracking Patent Case

    The Federal Circuit on Wednesday affirmed a lower court's decision declining a cellular data-tracking company's request for a new trial, rejecting the company's arguments that the district judge's claim construction had been erroneous.

  • January 21, 2026

    EcoFactor Can't Restore Thermostat IP Claims At Fed. Circ.

    Smart home energy company EcoFactor on Wednesday failed to persuade the Federal Circuit to revive claims in one of its smart thermostat patents following a Patent Trial and Appeal Board decision that invalidated the claims.

  • January 21, 2026

    Litigation Funder, Former GC Reach Deal In Trade Secrets Suit

    Litigation funder Siltstone Capital LLC and its former general counsel have reached a settlement in the company's lawsuit, alleging the GC used trade secrets to form a rival litigation funder.

  • January 21, 2026

    Widow Of 'Sophie's Choice' Author Settles Stage Rights Spat

    The 97-year-old widow of author William Styron has settled a suit by a playwright who claimed he held exclusive rights to the stage version of Styron's novel "Sophie's Choice," according to a filing in Massachusetts state court.

  • January 21, 2026

    Burford Capital Hires New Korea Exec Amid Growth Push

    Burford Capital LLC has hired a new executive to oversee its operations in South Korea as the litigation funder aims to double its portfolio to roughly $15 billion by 2030, in part by expanding its geographic footprint.

  • January 21, 2026

    Maxim Says Playboy Ripped Off Its Modeling Contest

    Maxim has sued Playboy in Manhattan federal court for trade secret misappropriation and copyright infringement, accusing Playboy of copying Maxim's online modeling competition by using the same mechanics and architecture when launching a contest of its own.

  • January 21, 2026

    Fed. Circ. Gives Apple New Shot At Axing Smart Mobile Patent

    The Federal Circuit on Wednesday undid the Patent Trial and Appeal Board's finding that Apple failed to show a Smart Mobile wireless patent was invalid, saying the first claim was unpatentable and that the board needs to rethink the other challenged portions.

  • January 21, 2026

    Music Promoters Fight Free Music Giant's £4M Royalty Claim

    Two music promotion companies have denied owing £4.1 million ($5.5 million) in license fees and other royalties to a royalty-free record label, arguing that the disputed deal ended in 2017 and the label had previously agreed to accept payment in installments.

  • January 21, 2026

    Bill Would Require Stays On Patent Claims Against End Users

    A bill introduced in the U.S. House of Representatives aims to mandate that a stay be implemented on claims against retailers or end users in patent infringement cases when a manufacturer steps in to defend those claims.

  • January 20, 2026

    Martin Shkreli Can't Force Wu-Tang's RZA Into Album Fight

    A New York federal judge has shot down Martin Shkreli's request to add Wu-Tang Clan rappers and producers RZA and Cilvaringz to litigation centered on the group's rare album "Once Upon a Time in Shaolin," slamming Shkreli's motion as "astonishingly devoid of support."

  • January 20, 2026

    Squires Institutes 8 New Patent Reviews, Denies 16 Others

    John Squires, director of the U.S. Patent and Trademark Office, granted eight petitions seeking America Invents Act review of patents, but spurned twice as many others in his latest summary decision.

  • January 20, 2026

    XAI Seeks To Block Calif. GenAI Training Data Disclosure Law

    XAI has urged a California federal court to block the Golden State from enforcing a new law imposing training data disclosure requirements on generative artificial intelligence system developers, saying the law unconstitutionally forces it to reveal its valuable trade secrets to its competitors.

  • January 20, 2026

    Justices To Clarify What's Fair Game With 'Skinny Labels'

    A new U.S. Supreme Court patent case that will require the justices to spell out what generic-drug makers can say when marketing drugs with so-called skinny labels will shape whether and how those companies use the tactic of carving out patented uses from labels, attorneys say.

  • January 20, 2026

    Orrick Expands IP Team With Cadwalader, Kirkland Litigators

    Orrick Herrington & Sutcliffe LLP has beefed up its intellectual property litigation team with three new partners experienced in counseling technology and life sciences clients, adding two former Cadwalader Wickersham & Taft LLP litigators in New York and a former Kirkland & Ellis LLP partner in Los Angeles.

  • January 20, 2026

    Texas Jury Says E-Bike Makers Infringed Rival's Patent

    A jury in the Western District of Texas has found that two Chinese electric motorcycle companies infringed a design patent owned by a rival manufacturer, although how much they owe is still up in the air. 

  • January 20, 2026

    Judge Mostly Rejects Discovery Requests In OpenAI MDL

    A Manhattan federal magistrate judge largely rejected a series of requests from a group of authors and news publishers to expand discovery in a copyright infringement case against OpenAI, but directed the parties to confer on some topics to discuss production of certain materials.

  • January 20, 2026

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.

  • January 20, 2026

    Duke Sues To Block Quarterback's Transfer, Citing NIL Deal

    Duke University is suing to stop quarterback Darian Mensah from entering the NCAA transfer portal, saying the sophomore from California is defying his name, image and likeness deal with the Blue Devils, which runs through the end of 2026.

  • January 20, 2026

    Comulate Alleges Anticompetitive Tactics By Applied Systems

    A maker of software for insurance brokers has further escalated its dispute with rival Applied Systems Inc., lodging a new lawsuit in Illinois federal court over an alleged campaign to eliminate a competitor it was unable to acquire.

  • January 20, 2026

    Fed. Circ. Revives Inventor's Spinal Patent Case Against DePuy

    The Federal Circuit on Tuesday revived an inventor's patent infringement suit against DePuy Synthes Cos., ruling that the persuasiveness of expert testimony that was excluded by a lower court is best left for the jury.

  • January 20, 2026

    Sandisk Inks Deal To License Memory Patents

    Computer technology company Sandisk has been granted a license to a portfolio of patents owned by a flash memory technology company, a move that came just after the parties agreed to end a patent dispute in California federal court.

  • January 20, 2026

    Applied Materials Settles Patent Fight On Eve Of Calif. Trial

    Chipmaking equipment company Applied Materials has settled its lawsuit in California federal court that sought a finding that it didn't infringe a pair of technology patents that had also been at issue in a $4 billion patent case where a jury cleared Samsung of infringement.

Expert Analysis

  • Associates Can Earn Credibility By Investing In Relationships

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    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.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    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.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    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.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    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.

  • Series

    Quilting Makes Me A Better Lawyer

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    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.

  • How Agentic AI Is Testing The Limits Of Patent Law

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    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.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    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.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    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.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    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.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    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.

  • Top Takeaways From Trump's AI Action Plan

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    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.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    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.

  • How Big Pharma Has Responded To FTC Delisting Demands

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    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.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    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.

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    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.

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