Intellectual Property

  • June 05, 2026

    Fed Circ. Asks If Co. Argued Capability Equals Infringement

    The Federal Circuit appeared to have doubts Friday morning about patent-licensing outfit PACT XPP Schweiz's position it had argued below that an Intel product could violate its patent even if it never performed an infringing action but was capable of doing so.

  • June 05, 2026

    Streamer's 'Lazy Reaction' Video May Be Fair Use, Judge Says

    A California federal judge said Friday he is inclined to toss a YouTube creator's copyright suit over a Twitch user's livestreamed response to a documentary, finding that what the plaintiff characterized as "lazy reaction" content that siphoned views from the original work is covered by fair use because of the defendant's real-time criticism, commentary and mockery.

  • June 05, 2026

    Chinese Co. Barred From Claiming Connection To Olympics

    A Chinese company and affiliates were blocked by a California federal court judge from using trademarks associated with the Olympics or claiming to have any affiliation with the games, after the International Olympic Committee claimed they were falsely using marks to sell products with purported health benefits.

  • June 05, 2026

    Fed. Circ. Unsure Where State 'Bad Faith' Patent Cases Belong

    At arguments Friday in a dispute between Micron Technology Inc. and Netlist Inc., a Federal Circuit panel appeared uncertain whether suits under state laws against "bad faith" patent infringement claims belong in state or federal courts, analyzing the impact on patent law of each approach.

  • June 05, 2026

    Fed. Circ. Thinking About EcoFactor In TP-Link's $38M Appeal

    A Federal Circuit panel on Friday seemed skeptical of a challenge by a pair of wireless networking device companies to the damages calculation supporting a $37.5 million patent infringement verdict against them, with one judge wondering if the court's EcoFactor decision did not "clean up" the issue of damages experts.

  • June 05, 2026

    Musicians Say UMG, Warner Stiffed Them On AI Licensing

    The American Federation of Musicians of the United States and Canada claims Universal Music Group and Warner Music Group violated its members' collective bargaining agreement by licensing sound recordings to two artificial intelligence companies without compensating the musicians involved, according to a lawsuit filed Friday in New York federal court.

  • June 05, 2026

    GOP Lawmakers Target China With 2 Patent Bills

    Republican lawmakers are floating a pair of bills that would block anyone who is considered a national security threat from gaining a U.S. patent and require anyone with connections to "foreign adversaries" to list the association on an application.

  • June 05, 2026

    Judge Rejects Objectors' Bid For More Equity In NIL Proposal

    A California federal magistrate judge has turned down a group of athletes' objection to a proposed addition to the $2.78 billion settlement with the NCAA that the group said would disproportionately benefit men in major revenue college sports.

  • June 05, 2026

    TelevisaUnivision Sues To Stop Pirated World Cup Streams

    TelevisaUnivision sued several online streaming services Thursday, asking a Florida federal court to shut down plans to pirate the Spanish-language media company's exclusive broadcasts of the upcoming FIFA World Cup.

  • June 05, 2026

    Fed. Circ. Backs Melinta Patent Win In Injections Case

    Nexus Pharmaceuticals lost its appeal of an Illinois federal judge's finding that it infringed a pair of patents relating to a line of injections that treat infections, after the Federal Circuit on Friday shot down the drugmaker's challenge to the lower court's interpretation of key patent terms.

  • June 05, 2026

    4th Circ. Upholds Sanctions For Late Copyright Damages Info

    The Fourth Circuit affirmed a ruling that excluded a software company's damages evidence and granted summary judgment to its competitor, saying in a published opinion Friday that the plaintiff's repeated failure to disclose its damages calculation justified sanctions that effectively doomed its copyright, false advertising and contract claims.

  • June 05, 2026

    Fed. Circ. OKs Google, Microsoft Win Over Device Locator IP

    The Federal Circuit on Friday rejected an inventor's attempt to revive claims in her computer-locating patents challenged by Google and Microsoft, backing the Patent Trial and Appeal Board's decisions that they were invalid.

  • June 05, 2026

    Judge Wants A Look At OnePlus-Pantech Deal In 5G SEP Suit

    A Texas federal judge told Chinese phone company OnePlus and its South Korean competitor Pantech Corp. to provide the court with the settlement agreement under which they want a case between them dismissed, after a jury awarded Pantech $1 million for patent infringement.

  • June 05, 2026

    Nortek Accuses Rival Of Stealing Data Center Cooling Secrets

    Ventilation company Nortek has hit a rival with allegations that, in response to the rising demand for cooling technology in data centers as a result of the artificial intelligence boom, it "raided" Nortek's employees and misappropriated trade secrets related to such technology.

  • June 05, 2026

    ITC Opens Patent Probe Of Imported Pickleball Paddles

    The U.S. International Trade Commission announced it is opening an investigation into pickleball paddles made by Adidas AG, Franklin Sports and 18 other companies that a Maryland manufacturer alleges violate two of its patents.

  • June 05, 2026

    DLA Piper Adds Ex-ArentFox Schiff Gov't Contracts Lawyer

    DLA Piper LLP has hired a former ArentFox Schiff LLP government contracts partner who throughout his career has advised on multimillion-dollar deals for corporate, private equity and other clients.

  • June 05, 2026

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

    The past week in London has seen the U.K.'s oldest Indian restaurant launch an appeal against King Charles III's property company in an effort to stop its eviction, trustees of a bankrupt former EY tax partner file a claim against his wife, and 37 leading insurers bring a lawsuit against agrichemical company Syngenta over an insurance dispute. Here, Law360 looks at these and other new claims in the U.K.

  • June 04, 2026

    Trump Era Worse Than McCarthy For Speech, Law Dean Says

    The dean of UC Berkeley's law school told an audience of lawyers and artists on Thursday that America is experiencing "an unprecedented assault on the Constitution, on the First Amendment, and on freedom of speech," comparing the country under President Donald Trump unfavorably to the McCarthy era.

  • June 04, 2026

    Amgen Won't Face 'Nonsensical' Rodent Antibody IP At Trial

    A Delaware federal judge has trimmed Harbour Medical's infringement suit against an Amgen unit just days before trial, saying two of the company's mouse antibody patents are indefinite based on a term that "everyone agrees" is "nonsensical."

  • June 04, 2026

    Ex-Football Stars Sue NCAA, Conferences For Lost NIL Pay

    Two college football stars, who went on to play in the NFL, have filed antitrust suits claiming the NCAA, Big Ten and Southeastern conferences exploited them for their abilities while denying them compensation for their names, images and likenesses.

  • June 04, 2026

    Eli Lilly's 'Overbroad' Weight Drug TM Deal Rejected

    A Washington federal judge has refused to sign off on a deal to settle trademark claims brought by Eli Lilly against two Seattle-area medical clinics, saying the associated consent decree was "overbroad" and contained an even more sweeping injunction.

  • June 04, 2026

    Fed. Circ. Seems Iffy On Reversing Atty Fees In Patent Case

    The Federal Circuit didn't seem convinced Thursday morning that it should overturn a lower court's decision to make network testing company Viavi Solutions Inc. pay another company's attorney fees after Viavi unsuccessfully sued it for patent infringement.

  • June 04, 2026

    Judge Trims 2 Patents From Website Incentives Case

    A judge sitting in Delaware federal court has trimmed two out of three patents asserted by engagement agency BI Worldwide against Kobie Marketing Inc. that cover incentives offered by websites, ruling that they did not pass muster under the U.S. Supreme Court's Alice test.

  • June 04, 2026

    Is Pattie Gonna Get Out Of This? Patagonia's IP And PR Pickle

    Patagonia's trademark infringement suit against drag queen and environmental activist Pattie Gonia has caught the attention of both intellectual property attorneys and popular culture aficionados, with lawyers saying the action highlights how IP enforcement and public relations management aren't always in perfect harmony.

  • June 04, 2026

    Al Jazeera Beats DMCA Claim, For Now, In Storm Video Suit

    A California federal judge has dismissed videographers' claim that Al Jazeera falsified copyright attribution on weather footage posted to YouTube, finding the plaintiffs failed to plausibly allege the network acted with intent to facilitate infringement, while giving them a chance to amend their complaint.

Expert Analysis

  • Tips For Protecting Privilege On Multinational IP Teams

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    As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privillege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Defense Patent Holiday's Real Prize May Be Collab Potential

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    The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    International Patent Licensing System Must Be Maintained

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    As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 10 US Patent Pressure Points For EU Life Sciences Cos.

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    U.S.-specific patent issues can be challenging for European life sciences companies because they require decisions at the intersection of legal, scientific, regulatory and commercial functions, necessitating proactive, cross-functional steps from EU patent counsel, says Paul Calvo at Sterne Kessler.

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