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Intellectual Property
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Featured
What's Left In VLSI-Intel's $3B Patent Litigation
Intel and VLSI are set to square off Thursday at the Federal Circuit in one arm of their high-stakes fight over semiconductor patents, but questions over the state of $3 billion in verdicts, a potential license, fraud allegations and invalidations are still playing out in other cases. Here's where things stand.
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February 06, 2026
Fed. Circ. Backs Target's Alice Win Over Product Location IP
The Federal Circuit on Friday refused to revive claims in a series of patents covering ways of finding products within a store, backing a lower court's finding that Target was able to show the claims were invalid under the U.S. Supreme Court's Alice standard.
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February 06, 2026
Insulet Gets $14.9M Fee Award For Trade Secret Trial Win
A Massachusetts federal judge awarded Insulet Corp.'s attorneys almost $15 million for their $452 million jury trial victory in a trade secrets dispute that was later reduced to $59.4 million, but the fees Goodwin Procter LLP netted were significantly less than the nearly $25 million it requested.
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February 06, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw a unit of Johnson & Johnson sue the U.S. government in a patent dispute, Southampton Football Club file a claim against Aviva Insurance, and an events business face a claim by Live Nation (Music) over potential licensing issues for Chelmsford City Live, a music festival that featured Justin Timberlake last year. Here, Law360 looks at these and other new claims in the U.K.
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February 05, 2026
Gilstrap Sends Tesla Patent Case From Texas To Calif.
A Texas federal judge refused to change his mind — again — about transferring to California a patent infringement suit against Tesla related to technology used in self-driving cars, according to a Jan. 29 order unsealed Thursday.
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February 05, 2026
Deel Loses Bid To DQ Quinn Emanuel In Trade Secrets Fight
Payroll and human resources company Deel Inc. cannot have Quinn Emanuel Urquhart & Sullivan LLP disqualified from representing its competitor Rippling in a trade secrets fight, a Delaware judge ruled Thursday, saying there is no "clear conflict" that would require booting the BigLaw firm.
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February 05, 2026
Judge Says AI Errors Show Atty Can't 'Learn' From Mistakes
A New York federal judge concluded that an attorney who repeatedly submitted filings with false AI-generated citations must be punished with case-terminating sanctions against a client he was defending in a trademark lawsuit, saying Thursday that the lawyer "has not, and apparently cannot, learn from his mistakes."
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February 05, 2026
Jury Hands DuraSystems $905K In Kitchen Duct Patent Trial
An Illinois federal jury on Thursday said Van-Packer Co. and Jeremias Inc. owed $905,000 in reasonable royalties for infringing sales, after an earlier finding by the court that they had infringed DuraSystems Barriers Inc.'s patent covering kitchen ducts for preventing fires and dangerous gases.
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February 05, 2026
Walmart Alice Win In Content Patent Suit Backed By Fed. Circ.
The Federal Circuit on Thursday agreed with U.S. District Judge Alan Albright's conclusion that a trio of content sharing patents asserted against Walmart are invalid for covering an abstract idea, rejecting the owner's arguments that certain claim limitations save the patents.
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February 05, 2026
Fed. Circ. Judge To Intel IP Atty: Your View Is 'Unreasonable'
The Federal Circuit's chief judge on Thursday reprimanded an attorney representing Intel for his "truly unreasonable" claim that a contract with VLSI Technology to streamline patent litigation should only count toward damages, not infringement.
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February 05, 2026
NC Biz Court Bulletin: Dual Representation DQ, Biting Censure
The North Carolina Business Court kicked off 2026 with a flurry of rulings and a few rebukes from the bench, including partially disqualifying counsel in a restaurant mismanagement melee and censuring a solo attorney who sought to circumvent the specialized superior court's rules.
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February 05, 2026
Full Fed. Circ. Won't Rethink Heart Monitor Patent Claim Ax
The full Federal Circuit won't rethink a panel's refusal to revive claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy that a lower court found were invalid.
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February 05, 2026
David Protein Gets Ingredient Supply Antitrust Claims Tossed
A New York federal court dismissed a lawsuit from several low-calorie food producers accusing protein bar-maker David Protein of refusing to sell them a fat replacement ingredient after it purchased the ingredient's only supplier.
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February 05, 2026
Gospel Singer's Contested Song Gets Judge's Blessing
A Georgia federal judge said Thursday that she will allow a Grammy-award winning gospel artist to release new music Friday over the objections of his label, which tried to block the release with a court order over claims that it would violate his record deal.
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February 05, 2026
Meta Latest To Be Accused Of YouTube Data Scraping For AI
Three YouTube personalities have filed suit against Meta Platforms Inc., accusing it of circumventing YouTube's technological protections to bulk-download video content to be used in training artificial intelligence.
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February 05, 2026
Toys R Us Seeks Contempt, Sanctions In Smoke Shop TM Suit
The company behind Toys R Us is asking a Connecticut federal court to find smoke shop Vape R Us Inc. and its owner in contempt for violating a default judgment and injunction blocking it from continuing to operate under that name.
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February 05, 2026
Patent Co., AI Research Firm Join Forces In $150M Deal
Patent monetization venture SIM IP has announced a merger valued at $150 million with artificial intelligence research firm Garden Intel, a deal the companies said would create a first-of-its-kind platform.
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February 05, 2026
Lenovo Strikes Deal To End Patent Suit On The Eve Of Trial
Lenovo Group and Universal Connectivity Technologies on Wednesday issued a notice stating that they have settled their years-long patent infringement dispute covering power delivery technology, just days before a jury trial was set to begin in Texas federal court.
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February 05, 2026
Fed. Circ. Supports No Infringement Ruling In Ladder IP Case
The Federal Circuit on Thursday refused to revive a Little Giant Ladder Systems lawsuit accusing a rival of infringing a patent on a ladder with a locking mechanism, agreeing with a lower court's rejection of the patent owner's two infringement theories.
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February 05, 2026
Mariah Carey Wants $1M After Winning 'Frivolous' Xmas Suit
Mariah Carey and co-defendants who beat accusations that her holiday hit "All I Want for Christmas Is You" copied an earlier song of the same name have asked a California federal judge to order the plaintiffs to pay nearly $1 million in legal fees, arguing their complaint was frivolous from the start.
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February 05, 2026
OpenAI Rips Bid For Exec's Personal Journal In IP Litigation
OpenAI urged a New York federal judge Wednesday to reject a demand by authors and newspapers for the OpenAI president's "personal journal" in their copyright litigation, arguing the request is unwarranted and a "severe invasion of privacy," even if excerpts were recently revealed in OpenAI's separate litigation with Elon Musk.
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February 05, 2026
Fla. Judge Recommends Axing Some Claims Against IP Atty
A Florida federal judge Thursday recommended tossing several claims in a lawsuit alleging a patent attorney defamed an inventor in the press, saying the claims are unsupported.
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February 05, 2026
Squires Won't Review PTAB Ax Of Greenthread Patents
The head of the U.S. Patent and Trademark Office has declined requests by chipmaker Greenthread to review Patent Trial and Appeal Board decisions invalidating claims in its semiconductor patents.
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February 05, 2026
Trump Admin Finalizes Rule Facilitating Federal Worker Firings
The Trump administration Thursday announced a final rule to create a new category of federal workers who would have fewer job protections and be easier to fire, implementing an executive order from early last year that could affect 50,000 employees at federal agencies.
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February 05, 2026
Judge Caps Off 'Beer Law' Trademark Case
A federal judge has dismissed a trademark lawsuit from a North Carolina law firm that brands itself as the "Beer Law Center" against a Colorado firm that calls itself the "Beer Law HQ," finding the latter company lacked sufficient connections to North Carolina for the court to hear the case.
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February 05, 2026
State Bar Of Texas Declines To Open Grievance On Ramey
The State Bar of Texas has declined to open a grievance against patent litigator William P. Ramey III after a San Francisco federal court sanctioned him and his firm, Ramey LLP, for practicing law in California without a license.
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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How To Trademark A Guy In 8 Ways: An IP Strategy Against AI
Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual.
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Utilizing The ITC To Combat 'Gray Market' IP Infringement
As technological developments intensify trademark owners' need to respond swiftly to "gray market" sales of international goods imported into the U.S. without the trademark owner's consent, litigating at the U.S. International Trade Commission offers an underutilized enforcement option, say attorneys at MoFo.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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From IPR To EPR: The Rapid Rise Of Ex Parte Reexamination
With the current administration's dramatic shifts in policy rendering inter partes reviews essentially unavailable for the majority of patents being asserted in litigation, IPR filing rates have plunged, and ex parte reexamination requests have surged to the average rate of IPR petitions in 2024, say attorneys at McKool Smith.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Upshot Of 'Skinny Label' Case May Go Beyond Pharma
The U.S. Supreme Court's pending review of Hikma v. Amarin, over a drugmaker's "skinny label," carries implications for both generics and brand-name pharmaceutical manufacturers, and could shed light on how inducement doctrine should operate in other regulated industries where products have substantial lawful uses, says Jason Shull at Banner Witcoff.
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Assessing Factors Behind Biosimilar Uptake And Competition
As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.
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How 2 Tech Statutes Are Being Applied To Agentic AI
The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.
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FTC Focus: Testing Joint Enforcement Over Loyalty Programs
The Federal Trade Commission's case against Syngenta can be understood both as a canary for further scrutiny over loyalty-discount practices and a signal of the durability of joint federal-state antitrust enforcement, with key takeaways for practitioners and those subject to regulatory antitrust scrutiny alike, say attorneys at Proskauer.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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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 post-grant 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.