Intellectual Property

  • April 27, 2026

    CBD Brewing Co. Can't Escape Trade Secrets Suit

    A Minnesota brewery cannot escape a beverage startup's fraud and trade secrets lawsuit, a federal court has ruled, ordering more discovery after a jury delivered a $1.8 million verdict in a separate case in which the co-founder admitted to faking paperwork.

  • April 27, 2026

    House OKs Bill Letting CBP Share Counterfeit Shipment Data

    The U.S. House passed a bill Monday that would allow U.S. Customs and Border Protection to share detailed shipment information with brands, online marketplaces and logistics companies when agents suspect imports are counterfeit.

  • April 27, 2026

    Fed. Circ. Spurns Crocs' Rehearing Bid In ITC Appeal

    The Federal Circuit on Monday declined to rehear a mixed appeal from Crocs Inc. seeking an import ban against companies it claims were importing footwear that infringes its trademarks.

  • April 27, 2026

    BAE, L3Harris End Navy Contract Trade Secret Suit In NY

    Defense contractor BAE Systems has resolved its suit in New York federal court, accusing L3Harris Cincinnati Electronics Corp. of cutting it out of a government contract for naval defense technology after BAE shared its proprietary information.

  • April 27, 2026

    Moderna Hit With Suit Over CureVac COVID Patents

    BioNTech subsidiary CureVac has launched a new patent infringement suit against Moderna, claiming its COVID-19 vaccine infringed a handful of patents, saying the Massachusetts-based company "exploited" its messenger RNA technology.

  • April 27, 2026

    Photographers' Copyright Case Against UberEats Is Trimmed

    A Florida federal judge has dismissed part of a suit brought by a group of photographers who accused Uber of infringing their copyrights by displaying their photos on UberEats without permission, saying as to one claim that the photographers were asking the court to make too many inferences.

  • April 27, 2026

    IQVIA Accuses Ex-Execs, Syneos Of Poaching $180M Client

    IQVIA Holdings Inc. is accusing former executives of defecting to a competitor in the clinical research organization industry and initiating a corporate raid that resulted in the loss of one customer worth at least $180 million, according to a lawsuit filed in North Carolina Business Court.

  • April 27, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week tackled a fresh mix of deal litigation, procedural disputes and fiduciary duty claims, with several rulings and filings underscoring the court's continued focus on contractual precision, forum enforcement and the limits of stockholder challenges.

  • April 27, 2026

    Albright Exits Verizon Case Over Ties To Patent Owner

    U.S. District Judge Alan Albright has dropped out of overseeing a case in which Verizon is suing a patent holding company for allegedly trying to dodge a more than $500,000 attorney fee award, citing communications with the patent holder from a decade ago.

  • April 27, 2026

    What To Watch As Justices Take On 'Skinny Label' Case

    The U.S. Supreme Court will hear arguments Wednesday on whether to permit a patent suit over a generic heart drug using a so-called skinny label, a case with ramifications for the drug industry that could shape patent disputes more broadly and other legal areas. Here's what to watch for.

  • April 27, 2026

    Pool Co. Wins Extra $1.3M In Atty Fees For Unpaid Judgment

    Attorneys from McCarter & English LLP, Womble Bond Dickinson and Georgiou Partnership LLP who represent a U.S.-based swimming pool parts manufacturer won an additional $1.3 million in attorney fees for their efforts to collect a more than $17 million judgment against a Chinese rival.

  • April 27, 2026

    Justices Deny Ramey Appeal Of Sanctions In Google IP Case

    The U.S. Supreme Court on Monday refused to review $255,000 in sanctions on embattled attorney William Ramey and a client for bringing what a California judge said was a frivolous patent suit against Google, turning down his appeal arguing the decision used the wrong legal standard.

  • April 24, 2026

    ITC Loses DC Circ. Appeal In Expert Investigation Case

    The D.C. Circuit refused Friday to allow the U.S. International Trade Commission to revive an investigation into a former expert witness retained by Qualcomm for allegedly breaching a protective order, rejecting the agency's arguments that his suit to end the inquiry was brought both too late and too early.

  • April 24, 2026

    Up Last At High Court: TPS, Geofence, Skinny Labels

    The U.S. Supreme Court will close out its oral argument portion of the 2025 October term by hearing a panoply of disputes over the constitutionality of geofence warrants, the existence of aiding and abetting torture claims, and the rescission of temporary protected status for hundreds of thousands of immigrants.

  • April 24, 2026

    Judge Albright Reflects On 8 Years Shaping Patent Law

    U.S. District Judge Alan Albright will be walking away from the Western District of Texas at the end of the summer, ready to head back into patent litigation work. He talked with Law360 on Friday about the rockier elements of his judgeship and lessons he'll take into private practice.

  • April 24, 2026

    Publisher Hit With $102M Verdict Over Robert Indiana Works

    A Manhattan federal jury has awarded more than $102 million in damages to the Morgan Art Foundation after finding that an art publisher unlawfully exploited works of the late artist Robert Indiana, including his famous stacked "LOVE" imagery.

  • April 24, 2026

    Natera Tells Justices CareDx Made Up Circ. Split In Petition

    Natera asked the U.S. Supreme Court to reject a petition from rival CareDx asking it to review a Third Circuit decision that erased a $45 million jury verdict stemming from CareDx's false advertising claims, saying Friday the circuit split that CareDx claims exists is "imagined."

  • April 24, 2026

    AI Co. Founder Copied Real Estate Appraisal Tool, Suit Says

    A 21-year-old founder of an artificial intelligence startup posed as a licensed real estate appraiser to gain access to a residential appraisal software company's data collection tool and share it with his own employees, who duplicated aspects of the product, the software company has alleged in a California federal court.

  • April 24, 2026

    Fed. Circ. Won't Increase TQ Delta's $11M Trial Win

    The Federal Circuit on Friday shot down TQ Delta's challenge to the method of calculation behind its $11.1 million award in its patent infringement case against CommScope Holding Co., denying the patent owner's request for a new damages trial.

  • April 24, 2026

    Ex-Joe Gibbs Racing Director Barred From Using Secrets

    Joe Gibbs Racing LLC succeeded in blocking former competition director Christopher Gabehart from using or disclosing its trade secrets, after a North Carolina federal court found the NASCAR team was likely to prevail on its misappropriation and contract breach claims against him.

  • April 24, 2026

    Pfizer, Dexcel Drop Heart Drug Case Before Bench Trial

    Pfizer and Israeli generic-drug maker Dexcel on Friday agreed to drop a case Pfizer brought to block Dexcel from creating a generic version of the heart medication Vyndamax.

  • April 24, 2026

    Biotechs Clash Over Cancer Drug Discovery In Chancery

    AnaptysBio and Tesaro, alongside Tesaro parent GlaxoSmithKline LLC, sparred Friday in the Delaware Chancery Court over the scope of discovery in the biotechnology firms' contract fight regarding cancer drug Jemperli, with each side accusing the other of trying to tilt the evidentiary record ahead of a fast-approaching trial in July.

  • April 24, 2026

    Judge Lets Getty's TM Claims Against Stability AI Proceed

    A California federal judge has dismissed one count out of seven from a lawsuit alleging artificial intelligence image generator Stability AI produces garbled images with Getty Images' trademark, leaving the bulk of the claims in the litigation to move forward.

  • April 24, 2026

    Copyright Case Over Kurt Cobain Photo Ends In Calif.

    A Northern District of California judge has signed off on rock photographer Joe Giron's agreement to drop his copyright lawsuit against a financial technology company over its use of a photo of Kurt Cobain.

  • April 24, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a Hong Kong company sue the government and a COVID-19 PPE company linked to Tory peer Michelle Mone, an oligarch bring a fresh claim against a rival in a long-running feud, a rugby league club sue over a canceled mass dance event, and Visa and Mastercard hit with legal action from H&M, Eurostar, and Bang & Olufsen. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • Opinion

    USPTO Has A Chance To Correct Double-Patenting Doctrine

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    Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

  • 1st AI Acquisition Regulation Raises Contractor Concerns

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    The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

  • Grammarly Suit Flags Right Of Publicity As Key AI Issue

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    Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Reel Justice: 'Mercy' And Private Surveillance As Evidence

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    The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

  • Fed. Circ. In February: When Grammar Trumps Patent Specs

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    The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • When Trade Secret Litigation And Criminal Law Collide

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    An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

  • Opinion

    PTAB Needs Reform To Protect Inventors From Larger Cos.

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    The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • Witness AI Usage Is The Next Privilege Battle In Civil Litigation

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    Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

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