Intellectual Property

  • January 28, 2026

    Anthropic Hit With 2nd Music IP Suit, This Time For $3B

    Major music publishers already suing Anthropic for copyright infringement filed a second, $3 billion suit against the artificial intelligence company on Wednesday, a move they say is necessary to hold Anthropic accountable for "brazen," newly discovered mass infringement of sheet music and songbooks.

  • January 28, 2026

    Wrong Standard Sunk Benesch Ex-Client's Suit, 7th Circ. Told

    A former Benesch Friedlander Coplan & Aronoff LLP client urged the Seventh Circuit on Wednesday to revive her malpractice suit claiming the firm botched her potential trade secrets theft case, arguing a lower court held her to too high a pleading standard in tossing her case.

  • January 28, 2026

    Biogen Can't Escape Amended Antitrust Suit Over MS Drug

    Biogen Inc. must face health plans' claims that it bribed pharmacy benefit managers to stifle generics competition for its multiple sclerosis drug Tecfidera, after an Illinois federal judge found Wednesday that the plans' latest amended complaint in their consolidated antitrust litigation corrects her prior concerns with the pleadings.

  • January 28, 2026

    USPTO Seeks 'Serious Sanctions' For Chinese Co.'s 19K Apps

    The U.S. Patent and Trademark Office says the "most serious sanctions" are warranted against a China-based company for filing more than 19,000 trademark submissions using names of U.S.-licensed attorneys who did not review the applications, saying submissions were at times filed in 3-minute intervals "or less."

  • January 28, 2026

    Ex-Google Engineer's Trade Secret Theft Case Goes To Jury

    Software engineer Linwei Ding "stole, cheated and lied" when he worked at Google LLC, taking its artificial intelligence trade secrets to help himself and China, a California federal prosecutor told jurors Tuesday, urging them to convict him of economic espionage and trade secret theft.

  • January 28, 2026

    Expert Fights Dismissal Of Jan. 6 Report Copyright Case

    A jury bias researcher who has accused an attorney of copying and reusing a report to help three Jan. 6 insurrection defendants get their trials moved has urged a D.C. federal court not to dismiss her copyright lawsuit, saying that wholesale reuse of her work is not fair use.

  • January 28, 2026

    Record Label Says 2 Live Crew Gave Up Rights In Bankruptcy

    A Miami-based record label told an Eleventh Circuit panel Wednesday that a lower court erred in determining rap group 2 Live Crew never gave up termination rights under the Copyright Act, arguing instead that the rights were included in the sale of the records in a 1996 bankruptcy.

  • January 28, 2026

    Judge Lets BMW Drop Contempt Bid After 'Battle Royale'

    Following what BMW called a "battle royale" where the parties accused each other of misrepresentation, a Texas federal judge Wednesday granted the automaker's motion to withdraw its bid to hold Onesta IP in contempt of a now-stayed order for the licensing company to drop German litigation over U.S. patents.

  • January 28, 2026

    After Fed. Circ. Remand, PTAB Again Backs Bausch Patent

    The Patent Trial and Appeal Board has found again that MSN Laboratories failed to show that a drug patent owned by Bausch Health Ireland Ltd. was invalid, after the Federal Circuit told the board to take another look last year.

  • January 28, 2026

    New Squires Order Allows 4 Patent Reviews, Denies 25 Others

    U.S. Patent and Trademark Office Director John Squires instituted four America Invents Act patent challenges while denying 25 others in his most recent summary decision.

  • January 28, 2026

    Chancery Awards $50M To Arxada In Trade Secrets Case

    Chemicals company Arxada on Wednesday was awarded more than $50 million in damages and expenses in its lawsuit in Delaware's Court of Chancery claiming the owner of a company it bought took its trade secrets with his family to form a competitor.

  • January 28, 2026

    Gospel Label Seeks To Stop Singer's Music Release In IT Row

    A Christian music record label asked a Georgia federal court to block a Grammy Award-winning gospel singer and his company from releasing new music in a dispute over intellectual property rights and millions in royalties.

  • January 28, 2026

    Amazon Must Face Delivery Driver Restroom Tech Claims

    A Washington federal judge on Wednesday mostly allowed a company's claims accusing Amazon.com Inc. of stealing technology that routes delivery drivers to nearby bathrooms to proceed, saying he would not stop it from presenting its misappropriation claims.

  • January 28, 2026

    Alito Rejects Bid To Pause 3rd Circ.'s Computer Fraud Ruling

    U.S. Supreme Court Justice Samuel Alito on Wednesday denied a debt collection agency's request to stay a Third Circuit decision that found the Computer Fraud and Abuse Act does not support claims against employees who share work passwords.

  • January 28, 2026

    Crowell & Moring Adds Tech Firm IP Atty In Southern Calif.

    Crowell & Moring LLP is expanding its California team, bringing in an intellectual property attorney most recently with biotechnology firm Grail as a partner in its Orange County office in Irvine.

  • January 28, 2026

    ArentFox Schiff Launches Longevity Industry Group

    ArentFox Schiff LLP on Wednesday announced the launch of a group geared toward advising companies focused on advancing wellness, preventive health care and the longevity of life.

  • January 28, 2026

    'Danke' And 'Merci' Chocolates Not Confusing, TTAB Rules

    A trademark tribunal made precedential a ruling that a chocolate maker's application for "Danke" can proceed because it's not confusingly similar to a confectioner's registration for "Merci," even though both mean "thank you" in different languages.

  • January 28, 2026

    Fed. Circ. Won't Revive MasterCard Trade Secret Claims

    The Federal Circuit declined to revive trade secret theft claims Wednesday brought by a MasterCard unit against two former McKinsey consultants, agreeing with a lower court that the company had failed to identify the alleged trade secrets with enough specificity.

  • January 28, 2026

    Apple Screen Maker Gets Partial Win In PTAB Reviews

    The Patent Trial and Appeal Board has invalidated the entirety of an Optronic Sciences LLC pixel structure device patent, while finding that challenger BOE Technology Group Co. was only able to show that some claims in a separate patent were invalid.

  • January 28, 2026

    Mich. Clears Way For High School Athletes To Earn NIL Money

    High school athletes in Michigan will now be allowed to profit off their name, image and likeness after state authorities unveiled a policy change to expand and emphasize "personal branding activities" for students.

  • January 27, 2026

    Google's Allegedly Stolen AI Secrets Not Valuable, Jury Told

    Former Google engineer Linwei Ding's counsel wrapped his defense case Tuesday, questioning a technical expert who told a California federal jury that the documents taken by Ding related to artificial intelligence supercomputers wouldn't allow someone to replicate Google's technology and had minimal value to competitors.

  • January 27, 2026

    Shein Moves To Toss Artist's 'Misguided' Copyright, RICO Suit

    Shein urged a California federal court to toss a proposed copyright and racketeering class action that accuses the fast-fashion online retailer of using sophisticated algorithmic systems and artificial intelligence to steal artists' works, chiding the suit's bid to equate Shein with a criminal enterprise as "fanciful and severely misguided."

  • January 27, 2026

    Fla. Court Tosses 'Gold Jacket' Trademark Suit Against NFL

    A Florida federal judge Tuesday tossed a lawsuit by the estate of a man alleging the National Football League and NFL Pro Football Hall of Fame infringed the trademark of the iconic Gold Jacket presented to inductees, saying claims were improperly delayed and weren't sufficiently stated in the complaint.

  • January 28, 2026

    Law360 Seeks Members For Its 2026 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

  • January 27, 2026

    Reversed Rejection Offers Hope For AI Patent Applicants

    A Patent Trial and Appeal Board decision last month reversing an examiner's patent eligibility rejection of an artificial intelligence patent application shows that last year's guidance from the director of the patent office is providing a clearer path to securing AI patents, attorneys say.

Expert Analysis

  • Expect Major Shifts In Patent And Trademark Policy This Year

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    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.

  • And Now A Word From The Panel: MDL Year In Review

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    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.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    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.

  • Evenflo IP Ruling Shows Evidence Is Still Key For Injunctions

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    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.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    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.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    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.

  • Fed. Circ. In 2025: A Look At Continued USPTO Tensions

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    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.

  • How 2025 Recalibrated Fair Use For The AI Era

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    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.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    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.

  • Patent Applicants Must Get Biologics Enablement Right

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    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.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    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.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Reel Justice: 'Die My Love' And The Power Of Visuals At Trial

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    The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Utilizing AI In Agriculture Requires A Strong IP Strategy

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    As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.

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