Intellectual Property

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    PTAB Invalidations Chip Away At Stratasys' $28M Trial Victory

    The Patent Trial and Appeal Board has invalidated as obvious nearly all claims Bambu Lab Ltd. challenged in three Stratasys Inc. 3D printer patents, including the patent claims underlying $2.8 million of Stratasys' $27.6 million infringement trial win in Texas.

  • September 30, 2026

    Military Drone Makers' Trade Secrets Suit Survives Dismissal

    A Utah federal judge has allowed two military drone companies to proceed with most of their lawsuit accusing a former executive and his new company of misappropriating trade secrets to compete in the military drone market.

  • September 30, 2026

    Fed. Circ. Spurns Partial ParkerVision Appeal In Patent Suit

    The Federal Circuit on Wednesday found that it couldn't consider ParkerVision's challenge to a lower court's construction of some patent claims in its suit against Qualcomm while others from the same patent remain undecided, saying courts can't enter final judgments in such situations.

  • September 30, 2026

    Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

    A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

  • September 30, 2026

    Ga. Judge Must Justify No Sanctions In Alice-Doomed IP Case

    The Federal Circuit on Wednesday ordered a Georgia federal judge to explain why it wasn't appropriate to sanction Epic Tech LLC when there were three major signs the patent it asserted against Pen-Tech Associates Inc. was invalid.

  • September 30, 2026

    3rd Circ. Calls Westlaw AI Fight 'Ordinary Copyright Case'

    The Third Circuit said the first appellate fight over artificial intelligence training and fair use ultimately came down to an "ordinary copyright case," affirming that Ross Intelligence infringed Thomson Reuters' Westlaw headnotes when it used them to train a competing legal research platform.

  • September 30, 2026

    Monster Energy Bares Teeth Over Car Parts Co.'s Claw Mark

    Monster Energy has accused Monster Transmission of copying its "M" logo, complete with the claw and scratch design and bright green-and-black color scheme, and trading on the energy drink company's recognition and goodwill in the motorsports and automotive industry.

  • September 30, 2026

    Judge Erases $14M Charger Patent Verdict Against Anker

    A Delaware federal judge has wiped out a $14 million jury verdict against Hong Kong electronics company Anker Innovations after finding its rival litigant, Fundamental Innovation Systems International LLC, failed to properly prove the apportionment segment of the case.

  • September 30, 2026

    Fed. Circ. Backs PTAB Ax Of Twist Drill Patent Claims

    A Chinese inventor lost his attempt to revive claims in his twist drill patent he accused a Minnesota company of infringing on Wednesday when the Federal Circuit backed the Patent Trial and Appeal Board's invalidation of the claims.

  • September 30, 2026

    IP Notebook: AI Dilution, Alamo TM, India Copyright Ruling

    An unsettled copyright theory over competition from artificial intelligence-generated works and a trademark clash between Texas and an association representing descendants of those who fought at the Battle of the Alamo lead this edition of Law360's look at emerging copyright and trademark issues.

  • September 30, 2026

    Dropbox Fights Sanctions Bid After Being Cleared In IP Case

    Dropbox is arguing that a licensing company is asking for "completely unprecedented" sanctions over claims that Dropbox submitted new, undisclosed expert opinions at a 2023 trial where a jury cleared the online file-sharing company of infringement allegations.

  • September 30, 2026

    College Sports Overhaul Still Uncertain Despite Senate Lift

    A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

  • September 30, 2026

    Icee Scores $23M In Slush Puppie Frozen Drink TM Fight

    Frozen drink company Icee was awarded $23 million in damages against rival Slush Puppie Ltd. by an Ohio federal judge who found that Slush Puppie had tried to divert customers to a product called Slushy Jack's and capitalize on Slush Puppie's brand recognition after selling the trademark rights to it.

  • September 30, 2026

    Crocs Takes ITC Appeal Timing Issue To Supreme Court

    Crocs Inc. wants the U.S. Supreme Court to take a look at when a federal agency's ruling becomes appealable, after the Federal Circuit found the clogs maker was too late in challenging a mixed U.S. International Trade Commission trademark ruling that generated two appeal deadlines.

  • September 29, 2026

    Bristol-Myers, Natco And More Can't Ditch Cancer Drug MDL

    A New Jersey federal judge Tuesday refused to throw out sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid filed against Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies, ruling that buyers' pay-for-delay claims are plausible at this stage in the litigation.

  • September 29, 2026

    En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case

    Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. 

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    Hearst Must Face TM Suit Over 'First Warning' Weather Marks

    A New York federal judge has largely rejected Hearst's attempt to dismiss Gray Local Media's trademark complaint over "First Warning Weather" and "First Warning Traffic," finding the phrases sufficiently similar to Gray's "First Alert" marks to support a plausible claim of consumer confusion.

  • September 29, 2026

    Disney's Antitrust Case Against InterDigital Paused

    InterDigital has convinced a Delaware federal judge to press pause on a lawsuit brought by Disney accusing the technology development company of refusing to offer reasonable licenses on patents for video streaming.

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

  • September 29, 2026

    Nvidia Sued Over 5 Data Center Networking Patents

    Nvidia is facing a suit filed Tuesday in Texas federal court over claims that its data centers were infringing a set of networking patents once held by technology company Avaya Inc.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

  • September 29, 2026

    After Remand, Wis. Judge Again Wipes Out Lens Patent Claims

    A Wisconsin federal judge has ruled that two patents covering eyeglass lenses were invalid after his previous order invalidating them was overturned by the Federal Circuit, ruling that an earlier patent disclosed the asserted patents' claimed methods.

  • September 29, 2026

    USPTO Details Best Practices For Subject Matter Declarations

    Patent applicants submitting declarations explaining why their patents are eligible under Section 101 of the Patent Act should hand in those statements separately from other evidence and also send them in sooner rather than later, U.S. Patent and Trademark Office Director John Squires recommended on Tuesday.

Expert Analysis

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Rebuttal

    Pro Codes Act Does Not Pose Constitutional Concerns

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    A recent Law360 guest article that raises constitutional alarms concerning the proposed Pro Codes Act, under consideration in the U.S. House of Representatives, overstates the potential harm to standards development organizations and mischaracterizes existing law, says James Gourley at Carstens Allen.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Opinion

    Congress Must Repair USPTO's Inter Partes Review Process

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    To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Fed. Circ. In March: IPR And The Limits Of Retroactivity

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    The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

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