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Henry Darger's Landlord Saved His Art. But Who Owns It?

The fate of the extraordinary body of artwork Henry Darger created over decades living alone in a rented Chicago room may depend in part on the meaning of a few words attributed to him shortly before he died in 1973 — a question now scheduled for a federal jury trial in March.
November 03, 2026
Squires Grants 4 IPRs, Denies 6 Before Handing Over Power

U.S. Patent and Trademark Office Director John Squires on Tuesday instituted four inter partes reviews in what could be the final petitions for which he reviews the merits.
November 03, 2026
2nd Circ. Revives SS&C Trade Secret Suit Against Arcesium

Financial software company SS&C can pursue its suit alleging fintech firm Arcesium misappropriated trade secrets from its software program, Geneva, to build a rival product, Trinity, the Second Circuit ruled Tuesday.
November 03, 2026
Kroger Seeks To Exit Sony's Influencer Music Copyright Suit

Grocery chain Kroger and a host of related companies have asked a California federal judge to dismiss Sony Music's suit over influencer ad videos, saying the suit doesn't adequately identify which party was using which recording.
November 03, 2026
Choice Spine Says Polsinelli Sanctions Bid Is Premature

Medical device company Choice Spine LLC has told a Tennessee federal judge that Polsinelli's request for sanctions was a "premature merits challenge in the guise of a sanctions request" in a case in which Choice Spine is accusing the law firm of pursuing bad faith patent infringement claims.
November 03, 2026
David Protein Escapes Ingredient Antitrust Suit For Good

A New York federal court has tossed a lawsuit accusing protein bar-maker David Protein of refusing to sell a key fat replacement ingredient to low-calorie food producers after finding a lack of harm in any specific market.
November 02, 2026
More Amicus Briefs Flood NYT, OpenAI Copyright Case

Actors, writers groups, advocacy organizations, law professors and current and former political leaders weighed in on the OpenAI copyright multidistrict litigation in New York federal court, with some arguing that fair use does not protect the artificial intelligence developer, while others contended that training models on copyrighted works was all above board.
November 02, 2026
Denver Law Firm Says Fla. Rival Infringes Its Name

Denver-based business law firm Sequoia Legal LLC claimed in Colorado federal court that a Miami-based firm is using a highly similar name to its own in violation of the Lanham Act and Colorado common law.
November 02, 2026
UK Health Co. Can't Exit Psilocybin Trade Secrets Theft Suit

A Maryland federal judge has refused to let a British healthcare company dodge a lawsuit alleging it stole trade secrets relating to a novel method of treating depression with psilocybin, the active ingredient in psychoactive mushrooms.
November 02, 2026
Railway Co. Says Pact Silent On NJ Transit Indemnity Claim

A railway electronics company is urging a Garden State federal court to toss New Jersey Transit's suit claiming the company must fund the transit agency's defense against patent infringement claims in an underlying suit, arguing the agreement the agency cites doesn't support what is alleged.
November 02, 2026
Kirkland ITC Patent Litigator Leaves For Wolf Greenfield In DC

Wolf Greenfield & Sacks PC has expanded its litigation team in Washington, D.C., with a U.S. International Trade Commission-focused intellectual property specialist from Kirkland & Ellis LLP, the firm announced Monday.
November 02, 2026
4 Mass. Rulings You May Have Missed In October

A nonprofit municipal insurance group is responsible for a portion of a settlement with a man who spent 37 years in prison for a murder he didn't commit, and a biotech startup can continue to pursue trade secrets and breach of contract claims against two former employees and a rival they joined last year, Massachusetts Superior Court judges said in rulings last month.
November 02, 2026
IP To PI: Mass. Trade Secrets Attys Rethink Injunction Strategy

A recent decision by Massachusetts' top appellate court that makes it tougher to secure preliminary injunctions in trade secrets cases will likely force Bay State attorneys to turn to strategies from other areas of intellectual property law to clear the heightened bar.
November 02, 2026
Runway AI Must Face Video Scraping DMCA Suit, Judge Says

A New York federal judge has refused to toss a proposed class action accusing Runway AI of wrongfully scraping videos YouTube users posted online to train its artificial intelligence system, finding the allegations in the suit under federal copyright law are up to snuff at this point.
November 02, 2026
College Athletes' Attys Seek $18M Cut Of NIL Settlement

More than a year after the approval of a historic $2.78 billion settlement to share revenue derived from college athletes' name, image and likeness, attorneys for the athletes are seeking $18 million for their work administering the settlement's terms.
November 02, 2026
News Orgs Say Brave Is 'Dealer' For Scraped Content

The New York Times and a group of regional newspapers have accused Brave Software Inc. of acting as a "dealer" of copyrighted news content scraped from the internet and selling it to the top makers of artificial intelligence for training data.
November 02, 2026
10th Circ. Backs Fee Award In Trade Secret Fight

The Tenth Circuit has affirmed a Colorado federal court's finding that it lacked jurisdiction over an Illinois couple and their company, which were accused of conspiring to steal trade secrets and give them to a Chinese manufacturer of knockoff products, agreeing they should be granted $183,000 in attorney fees.
November 02, 2026
Copyright Board Rejects UPS Logo Registration Bid

The U.S. Copyright Office Review Board has ruled that UPS can't register a copyright for its brown-and-gold shield logos, finding that they weren't creative enough to warrant copyright protection.
November 02, 2026
Shop Says Rival Must Arbitrate ENASCAR Trade Secrets Row

An eNASCAR digital race car shop accused of stealing trade secrets told a North Carolina federal judge the dispute should be arbitrated, arguing the accusations stem from supposed information obtained from its rival's website.
November 02, 2026
Catching Up With Delaware's Chancery Court

The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.
October 30, 2026
Law360 MVP Awards Go To Top Attorneys From 89 Firms

The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.
October 30, 2026
Teva, AbbVie To Face Trial Over Niaspan Pay-For-Delay Claims

Long-running multidistrict litigation over AbbVie and Teva Pharmaceuticals' agreement to delay generic forms of cholesterol drug Niaspan is headed toward trial, after a Pennsylvania federal judge Friday found a genuine dispute over whether their agreement was a pay-to-delay settlement that violated antitrust laws.
October 30, 2026
'I Can't Get An Answer': Fair Use Fight Irks Anthropic Judge

A California federal judge overseeing music publishers' high-stakes copyright fight with Anthropic over song lyrics expressed frustration during a hearing Friday, calling the fair use debate "slippery" and citing an "overarching concern" that she can't get clear answers about the categories of AI outputs at issue.
October 30, 2026
OpenAI, Microsoft Copyright Feud Spurs Wave Of Amici Briefs

A flurry of proposed friend-of-the-court briefs in the OpenAI copyright multidistrict litigation is urging a New York federal judge to treat model training, the acquisition of copyrighted material, and artificial intelligence-generated answers as distinct acts rather than trying to resolve them under a single fair-use ruling.
October 30, 2026
AI Music Startup Wants Labels' Second IP Suit Paused

Suno Inc. asked a Massachusetts federal judge Friday to pause a second lawsuit from Sony Music Entertainment and Universal Music Group over alleged use of artists' songs to train an artificial intelligence music generator, saying the parties should wait for key rulings in the labels' other suit.
October 30, 2026
What Patent Litigators Should Know From Q3

More than 1,200 patent suits were filed between July 1 and Sept. 30, and nearly a quarter of them have been assigned to U.S. District Judge Rodney Gilstrap, according to data from Lex Machina.

Editor's Picks

AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?
How Did Litigants Fare In Judge Albright's 55 Patent Trials?

U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.
2025 Patent Litigation: A Year In Review

The number of patent infringement lawsuits soared in 2025 as patent owners saw their fortunes change at the Patent Trial and Appeal Board, where petitioners filed significantly fewer America Invents Act challenges. Meanwhile, most patent infringement suits were brought in the Eastern District of Texas, which had considerably more filings than the Western District.

Expert Analysis

Patent Suits Highlight Risks Across Data Center Supply Chain

Recent patent disputes involving technologies that support artificial intelligence data centers showcase the growing litigation risks that data center suppliers and operators face, and raise questions about how litigation responsibilities may be allocated between them, say attorneys at Katten.
The Patent Circuit: Minding Patents' Family Histories

The Federal Circuit's recent decision in Epic Tech v. Pen-Tech highlights the relevance of patent families in determining whether to maintain an ongoing patent infringement litigation, and the sanctions risk that may stem from failing to account for patent relatives, say attorneys at Knobbe Martens.
How AI Could Help Judges Spot Their Own Biases

In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.
Reggaeton Dispute Tests Boundaries Of Musical Rhythm IP

Browne v. Donalds, a music copyright dispute currently pending in California federal court, may set significant precedent for whether a foundational musical rhythm or style can be owned and exclusively controlled through copyright law, says Jameel Diaz at Omnus Law.
Risk Management Tips For Cos. Deploying Open-Weight AI

While many enterprises building out their artificial intelligence strategies are considering open-weight models, the Open-Source AI Leadership Act and accompanying congressional oversight letters to prominent tech and consumer companies signal that opportunity and legal risk are being discovered and evaluated on the same timeline, say attorneys at Cooley.
How To ID And Respond To 5 Types Of Misleading Witnesses

Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.
3 Eligibility Rulings Show Risks Of Broad Claim Constructions

Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.
Online Presence Complicates Defamation's Public Figure Test

Recent defamation cases demonstrate that online presence can affect how courts distinguish between public and private figures, so litigants should consider several questions when evaluating potential claims and defenses where public figure status may affect the litigation, such as whether there is a connection between the plaintiff's public activities and the alleged defamation, say attorneys at Brown Rudnick.
Mass. High Court Raises Bar For Trade Secret Injunctions

The Massachusetts Supreme Judicial Court's recent decision in Daikin v. Russo confirms that trade secret plaintiffs must prove irreparable harm under ordinary equitable principles when seeking a preliminary injunction, putting an end to potential theories of automatic presumption, says Gregory Bombard at Greenberg Traurig.
3 Strategies To Reduce AI Sycophancy In Legal Work

The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.
Why Inter Partes Reviews May Be On The Rebound

Recent inter partes review data shows that rates of referrals and institution rates at the U.S. Patent and Trademark Office are increasing, potentially indicating, among other reasons, that patent challengers are adjusting to the USPTO's policy changes, say attorneys at Sterne Kessler.
2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
How Senate-Passed Bill May Reshape NCAA Antitrust Liability

With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.
5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.
6 Ways Biotechs Can Manage Double Patenting Rejection Risk

The Patent Trial and Appeal Board review panel’s recent rejection of a Sanofi application signals that biotechnology and pharmaceutical companies should now take steps to mitigate the possibility that their patents may be rejected for obviousness-type double patenting based on the existence of applications filed years later, say attorneys at Sterne Kessler.