Intellectual Property

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    For 2nd Time, PTAB Won't Invalidate Claims In DNA Patent

    The Patent Trial and Appeal Board has once again found that Guardant Health couldn't show that claims in a University of Washington DNA sequencing patent that had been part of a $245 million infringement judgment were invalid.

  • October 15, 2026

    Gov't Urges Justices To Reject Google, Intel Fight Over Fintiv

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Intel Corp. and Google LLC's challenge to a precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation.

  • October 15, 2026

    Tesla Says Gov't Brief Shows USPTO Wants 'Absolute Power'

    Electric carmaker Tesla told the U.S. Supreme Court that it should take a case over the U.S. Patent and Trademark Office leadership's discretionary standards for granting or denying patent review, saying a recent government brief illustrates how the office wants "absolute power" when it comes to restricting such reviews.

  • October 15, 2026

    Comcast Hit With $213M Verdict In Streaming Patent Case

    Comcast is on the hook for $213 million after a Florida federal jury found Thursday that it infringed a rival's patent for a streaming service system, years after the telecommunications giant was cleared by the judge in the middle of an earlier trial.

  • October 14, 2026

    Amazon Flags Possible Abuse In Chicago 'Schedule A' Suits

    Amazon is moving to pause court-ordered fund transfers in more than a dozen trademark cases brought against large numbers of online sellers in Chicago federal court, saying that while it's not a party to the litigation, it's investigating whether some of the lawsuits were used to obtain money the retailer previously froze for reasons unrelated to the disputes.

  • October 14, 2026

    OpenAI Tells Court Ex-Worker Took Confidential Files To Apple

    OpenAI Foundation on Wednesday alleged one of its former employees absconded with confidential files about an unreleased artificial intelligence product and gave the information to Apple Inc., asking the California federal judge overseeing Apple's nearly identical trade secret allegations for time to investigate and potentially file counterclaims.

  • October 14, 2026

    Software Patent Claims Invalidated In Google, Amazon Suits

    A California federal judge found Tuesday that claims in a pair of VirtaMove software patents are invalid, agreeing with Amazon and Google's arguments that the claims asserted against them in the infringement litigation are indefinite.

  • October 14, 2026

    Atty Sanctioned For Vulgar Emails To Opposing Counsel

    A Texas federal magistrate judge has sanctioned an attorney who serves as principal for an oil and gas exploration company locked in a trade secret misappropriation case with a rival after opposing counsel complained of his expletive-ridden emails containing ad hominem attacks.

  • October 14, 2026

    Samsung Says Rival Leans On Fabricated 'Mini LED' Definition

    Samsung moved to dismiss a competitor's suit alleging it falsely markets some of its TVs as having Mini LED technology that provides a higher-quality picture, telling a California federal judge Tuesday the plaintiff wants her to adopt a "fabricated three-part definition" for Mini LED that only exists in the complaint. 

  • October 14, 2026

    Anthropic Seeks To Dodge AI Patent Suit From U. of Tenn.

    Anthropic says it shouldn't have to face a lawsuit accusing it of infringing a pair of patents related to neural networks owned by a research arm of the University of Tennessee because its Claude artificial intelligence tool isn't covered by the patents.

  • October 14, 2026

    Samsung Settles Patent Case On Eve Of Texas Trial

    Samsung has reached a settlement with a patent-holding company claiming that certain smartphones and tablets were infringing patents covering app management before a trial was set to begin early next week in Texas.

  • October 14, 2026

    Mass. Top Court Rejects Trade Secret Harm 'Presumption'

    Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.

  • October 14, 2026

    AGs Say Character.AI Chats Must Be Protected In Ch. 11 Sale

    A group of state attorneys general told a Delaware bankruptcy judge Wednesday that protection of minors and privacy concerns need to be addressed before the company behind artificial intelligence entertainment platform Character.AI is allowed to sell its data in its Chapter 11 case.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

    A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 13, 2026

    Liquidia Settles United Therapeutics Suits With $380.7M Deal

    Liquidia will pay out $380.7 million as part of a settlement agreement with United Therapeutics Corp. that resolves six lawsuits between the pharmaceutical companies, Liquidia announced Tuesday, saying patients will continue to have access to its Yutrepia lung disease treatment that was central to litigation.

  • October 13, 2026

    Judge Probes Ex-Joe Gibbs Racing Director's Acts After Exit

    A North Carolina federal judge said she had concerns Tuesday about whether the previous competition director for Joe Gibbs Racing LLC disclosed his former employer's trade secrets to a rival team in violation of a court order placing certain restrictions on his employment.

  • October 13, 2026

    MIT Says Amazon Web Services Infringes Security Tech Patent

    Amazon Web Services Inc.'s use of certain hardware fingerprinting technology in its cloud computing services violates a pair of Massachusetts Institute of Technology patents related to cryptography and hardware identification, the university alleged Friday in Massachusetts federal court.

  • October 13, 2026

    Apple Urges Judge To Toss 'Shocking' $5.7B Patent Verdict

    Apple Inc. on Tuesday asked a California federal judge to wipe out a jury's $5.7 billion damages award for Taction Technology Inc. or order a new trial in the haptic vibration technology patent dispute, calling the award "shocking" and "untethered to any evidence at all."

  • October 13, 2026

    Apple Gets Expedited OpenAI Discovery In Trade Secret Case

    A California federal judge said Tuesday that OpenAI must work on an expedited timeline to furnish some documents in Apple's suit accusing the company of using former employees to access secret information, calling Apple's concerns about the preservation of some evidence "well-taken."

  • October 13, 2026

    Biotech Co.'s Egg Protein Patent Case Flops In Del. Court

    A Delaware federal judge found cracks in a biotechnology company's jurisdictional arguments in a case it brought seeking a declaration that it wasn't infringing a rival's patent covering animal-free egg protein, ruling Friday there was no imminent controversy between the companies when the lawsuit was filed.

  • October 13, 2026

    Qualcomm Secures $2 In License Breach, Interference Trial

    Arm Holdings should pay Qualcomm $2 for breaching a licensing agreement and interfering in Qualcomm's economic relationship with Meta, a Delaware federal jury found Tuesday.

Expert Analysis

  • The Case For Using Final-Offer Damages Forms In IP Suits

    Author Photo

    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

    Author Photo

    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

    Author Photo

    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • $885M IBS Drug Verdict Tests Pay-For-Delay Limits

    Author Photo

    The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

    Author Photo

    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Fed. Circ. In May: Being Precise About 'About'

    Author Photo

    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

    Author Photo

    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • The Future Of WDTX Patent Litigation After Judge Albright

    Author Photo

    With U.S. District Judge Christopher Wolfe set to take over much of Judge Alan Albright's patent infringement docket in the Western District of Texas later this year, attorneys should prepare for potential differences in Judge Wolfe's approach to the court's high volume of patent litigation, say attorneys at Sidley Austin.

  • Constructing AI Compliance Plans As State Laws Diverge

    Author Photo

    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • As Quantum Computing Evolves, So Do Antitrust Risks

    Author Photo

    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

    Author Photo

    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 5 Key Factors Behind USPTO's Inter Partes Review Decisions

    Author Photo

    Though U.S. Patent and Trademark Office Director John Squires has drawn criticism for failing to explain his reasoning in inter partes review decisions, his recent precedential order in Magnolia v. Kurin provides five important insights into his decision-making process, says Christopher Loh at Venable.

  • Series

    Moshing Makes Me A Better Lawyer

    Author Photo

    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Trump AI Order: Voluntary Framework, Mandatory Implications

    Author Photo

    President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.