Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.
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FRIDAY, SEPTEMBER 11, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Apple Watch Ban In Masimo ITC Patent Case Hits High Court

By Ryan Davis

Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

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Cognizant Knocks Out Fired Worker's $8.4M Retaliation Win

By Patrick Hoff

A New York federal judge granted Cognizant Technology Solutions Corp. a new trial in a lawsuit by an employee who said he was fired for reporting what he alleged was pro-Indian hiring bias, finding that keeping an $8.4 million verdict would be a "miscarriage of justice."

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Thomson Reuters Says DOJ AI Stance Doesn't Back Ross

By Rae Ann Varona

Thomson Reuters told the Third Circuit Thursday in defunct legal tech startup Ross Intelligence's interlocutory appeal of a summary judgment ruling that it infringed Westlaw headnotes that a statement by the U.S. Department of Justice flagged by Ross does not support its fair-use defense.

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Huawei Ripped Off Amazon Cloud Platform IP, Jury Hears

By Stewart Bishop

A former engineer for a U.S. subsidiary of Huawei on Thursday testified that she was shocked and upset after a colleague boasted of co-opting patented code used in Amazon's cloud computing platform, the first of several Huawei employees that are expected to take the stand in the Chinese telecommunications company's RICO trial in New York federal court. 

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Zuckerberg Testifies List Of Kid-Glove Users Not A Problem

By Cara Salvatore

Mark Zuckerberg strenuously disputed in testimony seen Thursday by a New Mexico jury that Facebook's internal list of parties whose content receives special treatment undercuts the company's public declarations that policy-violating content must be taken down without exception.

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DOJ Wants To Quash Apple's Look At Fed Phone-Buying

By Matthew Perlman

The U.S. Department of Justice is asking a New Jersey federal court to overrule an order in the government's monopolization case giving Apple a look at how the Pentagon, CIA, U.S. Department of State and other agencies purchase smartphones and smartwatches.

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Roblox Brass Seek Exit From Insider Trading, Child Safety Suit

By Jarek Rutz

Roblox Corp. directors and executives urged Delaware's chancellor on Thursday to dismiss a stockholder derivative suit accusing them of insider trading and failing to protect children on the video gaming platform, arguing that the board consistently monitored safety risks and that insiders did not trade on material nonpublic information.

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Calif. Enacts Laws To Curb Addictive Feeds, AI Risks For Kids

By Dorothy Atkins

California Gov. Gavin Newsom signed more than a dozen kids online safety bills into law Thursday, expanding student data privacy laws while barring social media companies from offering teens personalized accounts with addictive features and requiring artificial intelligence companies to implement guardrails to prevent teen suicide and self-harm.

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Analysis

Patent Declaratory Judgment Actions Are Back In Vogue

By Theresa Schliep

Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

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POLICY & REGULATION

Analysis

Executive Privilege Questions Cloud Congressional Probe Prep

By Phillip Bantz

As corporate leaders brace for the possibility of Democrats retaking control of Congress and launching aggressive investigations into the Trump administration's dealings with a vast array of companies, attorneys say a U.S. Justice Department opinion on executive privilege could complicate the probes.

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OpenAI Faces Senate Probe Into Hugging Face Breach

By Craig Clough

Members of a U.S. Senate Homeland Security & Governmental Affairs subcommittee Wednesday sent letters to OpenAI CEO Sam Altman seeking answers about the company's artificial intelligence models breaching Hugging Face's security. 

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Fla. AG Pushes Liability For Chatbots' Role In Crimes

By Carolina Bolado

Florida's attorney general — who has accused OpenAI of facilitating a deadly mass shooting at Florida State University — is now pushing for legislation that would impose heavy fines, payments to victims and monitorship on tech companies whose artificial intelligence chatbots participate in criminal activity.

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Squires Grants 10 Patent Reviews, Rejects None

By Dani Kass

U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

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DHS Aims To End 60-Day Grace Period For Certain Work Visas

By Ganesh Setty

The U.S. Department of Homeland Security floated a new rule Thursday that would eliminate a 60-day grace period for holders of H-1B and certain other employment-based visas to remain in the U.S. if they lose their jobs, citing "administrative burden."

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FCC Looks At Modernizing Rules For Ultra-Wideband Devices

By Christopher Cole

The Federal Communications Commission could soon modernize its decades-old rules governing ultra-wideband devices, which are used in a wide range of applications including key fobs and ground-penetrating radars in construction work.

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Network Group Worries FCC Regs Could Hinder AI Growth

By Christopher Cole

A group advocating for networks that power artificial intelligence has voiced concern that the Federal Communications Commission's latest push to restrict foreign equipment could hinder AI's growth.

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China Aims For Early Rollout Of $30B US Tariff Cut Package

By Dylan Moroses

China and the U.S. are working toward implementing a package of tariff reductions for $30 billion worth of goods that cross the countries' borders, a Chinese official for the Ministry of Commerce said during a press briefing Thursday.

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Brief

Senate Panel To Consider Nominee For 3rd FCC Republican

By Christopher Cole

U.S. Sen. Ted Cruz, R-Texas, who chairs the Senate Commerce Committee, announced Thursday that a hearing will be held Sept. 17 for the nomination of Danielle Thumann Severs to the Federal Communications Commission.

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LITIGATION

FCC Ordered To Answer Petition In Discounted Ads Fight

By Aneeta Mathur-Ashton

The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

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Expedia Must Face Copyright Claims Over Car Photos

By Elliot Weld

A Washington federal judge on Thursday denied a request from Expedia to exit a copyright infringement suit brought by EVOX Productions LLC claiming the travel booking website made unauthorized use of hundreds of car images.

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Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

By Hayley Fowler

A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

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Cellspin Media Patent Suit Should Proceed, Judge Says

By Adam Lidgett

A Texas federal magistrate judge said Wednesday the court should not throw out Cellspin Soft Inc.'s patent lawsuit against Fossil Stores I Inc. over systems that can automatically publish social media content, years after a similar case was tossed in California.

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PTAB Axes Claims In Ex-Intel Chip Patent In Win For Arm

By Adam Lidgett

The Patent Trial and Appeal Board has found that British semiconductor maker Arm Ltd. showed that all the challenged claims of a chip patent owned by patent licensing company Daedalus Prime are invalid.

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Apple Data Delay Stalling High 5 Casino App Deal, Player Says

By Rachel Riley

Apple is refusing to hand over data needed to notify class members and tally damages in a multimillion-dollar class action settlement to resolve allegations that High 5 Games harmed players by operating illegal casino-style mobile apps, the lead plaintiff told a Washington federal judge Wednesday.

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Chinese Vape Co. Wants Price-Fixing MDL Tossed

By Jonathan Capriel

Downstream buyers of cannabis vape brand CCell parts are unable to show that an inherently illegal price-fixing and customer-allocation conspiracy existed between the Chinese manufacturer and four distributors, the companies argued in a dismissal bid, telling a California federal court that the multidistrict litigation complaint describes only "ordinary" business dealings.

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SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

By Spencer Brewer

SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

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DEALS

Bending Spoons Agrees To Acquire Miro In $1.4B Deal

By Al Barbarino

Italian technology company Bending Spoons said Thursday it has agreed to acquire collaboration software maker Miro at an enterprise value of about $1.36 billion.

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AI Biz Motive Secures $1.3B From General Catalyst

By Jade Martinez-Pogue

Artificial intelligence company Motive on Thursday announced that it secured over $1.3 billion in growth financing, which will be used to boost its platform and scale its go-to-market teams.

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Deals Rumor Mill

TPG, Blue Owl, CVC Exploring Deals, And More Rumors

By Al Barbarino

Private equity firm TPG may be looking to sell Lyric, which could value the healthcare software company at $5 billion; asset manager Blue Owl Capital is exploring the launch of a real estate investment trust; and CVC Capital Partners could sell personal care company Arthea at a $2 billion valuation. 

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BANKRUPTCY

Fla. Fiber Infrastructure Co. Files Ch. 7 With Over $100M Debt

By Emily Lever

Florida-based telecom infrastructure developer Full Circle Fiber has filed for Chapter 7 liquidation in Delaware bankruptcy court with under $10 million in assets and $100 million to $500 million in liabilities.

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ENFORCEMENT

BitConnect Promoter To Pay $1.9M In SEC Settlement

By Sydney Price

A cryptocurrency promoter was ordered by a New York federal judge to pay over $1.9 million to end claims from the U.S. Securities and Exchange Commission that he recruited investors into a $2 billion unregistered cryptocurrency lending program, marking the end of litigation launched in 2021.

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LEGAL TECH

Latham Buys Nvidia Servers For Internal AI

By Matt Perez

Latham & Watkins LLP has purchased servers from technology giant and client Nvidia Corp. to design an in-house artificial intelligence system, the firm confirmed to Law360 Pulse on Thursday.

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EXPERT ANALYSIS

OpenAI Deal Highlights AI Hiring Risks In PERM Process

The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

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AI And AML: Rulemakings Lean Into Responsible Innovation

Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

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State AI Safety Laws Raise New Liabilities For Healthcare Cos.

Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

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Series

Juggling And Unicycling Make Me A Better Lawyer

Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

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LEGAL INDUSTRY

ABA Study Shows 20% Of Attys Under Severe Mental Distress

By Tracey Read

About one-fifth of attorneys across the country meet moderate-to-extremely severe symptom thresholds for depression, anxiety and stress, according to the largest-ever study of mental health and well-being in the legal profession.

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Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

By Julie Manganis

Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

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Ed Martin Reprimanded Over Unauthorized FBI Contacts

By Courtney Bublé

Last summer, when Ed Martin was still head of the weaponization working group at the U.S. Department of Justice, he was reprimanded after his team communicated with the FBI without authorization, according to recently released emails.

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2 At DOJ Sued Over Conn. Immigration Court Record Access

By Christine DeRosa

The American Civil Liberties Union Foundation of Connecticut has filed suit in Connecticut federal court challenging the Hartford Immigration Court's refusal to provide access to immigration court records.

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JPMorgan Aided Ex-Atty Kossoff's $18.5M Theft, Trustee Says

By Hailey Konnath

The Chapter 7 trustee representing bankrupt firm Kossoff PLLC on Wednesday sued JPMorgan Chase Bank NA, claiming the bank helped the firm's principal steal at least $18.5 million from clients, and it "should be made to account."

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DOJ Urges High Court To Revisit 9th Circ.'s Bar Of Nev. US Atty

By Madison Arnold

The Justice Department has asked the U.S. Supreme Court to revisit a recent Ninth Circuit ruling disqualifying the Trump administration's top federal prosecutor in Nevada, calling it a decision that imposes "ongoing confusion" in the executive branch.

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Jay-Z Can't Undo Buzbee's Win In Rapper's Defamation Suit

By Y. Peter Kang

A California state appeals court has refused to revive claims that Texas attorney Tony Buzbee defamed and extorted music superstar Jay-Z by roping him into a sexual abuse suit against Sean "Diddy" Combs, saying the case was properly thrown out under California's free speech statute.

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COMPANIES IN TODAY'S NEWS

ARM Holdings PLC

Agricultural Products Extension LLC

Airtable

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

American Civil Liberties Union of Connecticut

Anthropic PBC

Apple Inc.

BARBRI

Bloomingdale's Inc.

Blue Owl Capital Inc.

Boyer Co.

Brightcove Inc.

CVC Capital Partners Ltd.

CVS Health Corp.

Canna Brand Solutions

Character.AI

Cisco Systems Inc.

Citigroup Inc.

Cloudera Inc.

Cognizant Technology Solutions Corp.

Comcast Corp.

Elegant Enterprise-Wide Solutions Inc.

Expedia Group Inc.

Fitbit Inc.

Fujitsu Ltd.

Futurewei Technologies Inc.

Google LLC

Greenlane Holdings Inc.

HSBC Holdings PLC

Hazelden Betty Ford Foundation

Hotwire Inc.

Huawei Technologies Co. Ltd.

Humana Inc.

Instagram Inc.

International Business Machines Corp.

JPMorgan Chase & Co.

Jeppesen Sanderson Inc.

Johnson & Johnson

K12 Inc.

Kering SA

L'Oreal SA

Lex Machina Inc.

LexisNexis Legal & Professional

Masimo Corp.

MediaTek Inc.

Merck & Co. Inc.

Meta Platforms Inc.

Microsoft Corp.

Mill Point Capital

Miro

NVIDIA Corp.

National Republican Congressional Committee

New York University

Nike Inc.

Nortel Networks Corporation

Okta Inc.

OpenAI OpCo LLC

Pinterest Inc.

RELX PLC

Raine

Redbud Roots Inc.

Roblox Corp.

Smoore International Holdings Ltd.

Snap Inc.

Tata Consultancy Services Ltd.

Thales SA

The Kraft Heinz Co.

The New York Times Co.

Thomson Reuters Corp.

TikTok Inc.

TotalEnergies SE

Under Armour Inc.

Vimeo Inc.

Warburg Pincus LLC

Workday Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

ArentFox Schiff

Arete Law Group

Ascenda Law Group

Baker Botts

Brown Pruitt

Buzbee Law Firm

Callahan & Blaine

Carney Badley

Christensen O'Connor

Clement & Murphy

Consovoy McCarthy

Cooch & Taylor

Cooley LLP

Davis Polk

DiCello Levitt

Duane Morris

Dunn Isaacson

Edelson PC

Elias Law Group LLP

Fenwick & West

Finnegan

Fish & Richardson

Freshfields

Garteiser Honea

Gibson Dunn

Glacier Law LLP

Goodwin Procter

Grabar Law

Grellas Shah

Gustafson Gluek

Hach Rose Schirripa

Hausfeld LLP

Hinckley Allen

Holland & Hart

Horvitz & Levy

Ice Miller

Jenner & Block

Kaskela Law

Keches Law Group

Keker Van Nest & Peters

Kiklis Law

Kirkland & Ellis

Knobbe Martens

Kossoff PLLC

Kotchen & Low

Latham & Watkins

Libby Hoopes

McCarter & English

McDermott Will & Schulte

McGinn Montoya

Miller & Chevalier

Morgan Lewis

Neal Gerber

Nelson Mullins

Ni Wang & Massand

O'Melveny & Myers

Pallas Partners

Paul Hastings

Pillsbury Winthrop

Quinn Emanuel

Robbins LLP

Sheppard Mullin

Sidley Austin

Skadden Arps

Smith Currie

Steptoe LLP

Stradling Yocca

Togut Segal

Tousley Brain

Walsh Pizzi

Washington & Washington

White & Case

Williams & Connolly

WilmerHale

Womble Bond

Young Conaway

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Central Intelligence Agency

Chinese Ministry of Commerce

Commonwealth of Massachusetts

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

Executive Office for Immigration Review

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Reserve System

Financial Crimes Enforcement Network

Financial Stability Oversight Council

Information Commissioner's Office

International Trade Commission

National Aeronautics and Space Administration

National Credit Union Administration

National Security Agency

New Mexico Attorney General's Office

New York Attorney General's Office

New York Department of Financial Services

North Carolina Secretary of State

Office of the Comptroller of the Currency

Office of the Director of National Intelligence

Office of the U.S. Trade Representative

Patent Trial and Appeal Board

Pennsylvania Supreme Court

Texas State Securities Board

U.S. Attorney's Office

U.S. Attorney's Office for the Eastern District of New York

U.S. Bankruptcy Court for the District of Delaware

U.S. Bankruptcy Court for the Southern District of New York

U.S. Census Bureau

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of the Treasury

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Rhode Island

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. General Services Administration

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada