Intellectual Property

  • February 13, 2026

    4th Circ. Gives Models 2nd Shot At Suit Over Stolen Photos

    Several models who said a nightclub used their photos without permission will have another chance at pursuing their trademark infringement claims after the Fourth Circuit on Friday found that the models' failure to respond to the club's motion to dismiss within 14 days was no reason to toss the suit.

  • February 13, 2026

    Albright Stresses IP Sovereignty In Allowing BMW Injunction

    U.S. District Judge Alan Albright has defended BMW's right to a jury trial and the importance of having the U.S. adjudicate its own patents in a Friday opinion explaining why he'd barred Onesta IP from suing BMW in Germany over U.S. patents.

  • February 13, 2026

    Vicor Loses Appeal Of $25M Verdict In SynQor Patent Fight

    The Federal Circuit on Friday shot down electronics company Vicor's challenge to rival SynQor's $25 million award in a patent infringement suit over power converter technology, backing both the initial jury's findings and the lower court's later decision to boost the damages.

  • February 13, 2026

    PTAB Largely Invalidates Men's Underwear Patent Claims

    The Patent Trial and Appeal Board has thrown out most of the claims in a patent on tight-fitting undergarments for men, handing a win to challenger Tommy John after being accused of infringing the patent in New York federal court.

  • February 13, 2026

    Copyright Claims Board Called Successful Despite Delays

    The U.S. Copyright Office says a small-claims tribunal in place since 2022 has largely delivered on Congress' vision of a cheaper, more accessible venue for resolving low-dollar disputes, but structural bottlenecks sometimes drag cases out, in a long-awaited report to lawmakers released Friday.

  • February 13, 2026

    EU Approves Universal Music's $775M Deal For Downtown

    European enforcers have greenlighted Universal Music Group's $775 million purchase of Downtown Music Holdings, after the companies agreed to unload a royalty accounting platform that has access to sensitive information from rival music labels.

  • February 13, 2026

    Diving Into Syntax, Fed. Circ. Saves Netflix Patent Challenge

    The Federal Circuit on Friday revived for the second time a Netflix Inc. challenge to a patent owned by DivX LLC, faulting the Patent and Trial Appeal Board for its interpretation of a key claim limitation that, lacking commas, had two "syntactically and semantically available" constructions.

  • February 13, 2026

    Judge Unsure OnlyFans Model Can Pin X With Revenge Porn

    A Texas federal judge seemed hesitant to buy an argument by an anonymous OnlyFans model that circulation of his images on X constitutes a violation of revenge porn laws, saying Friday the model's claims seem "difficult to reconcile" with the actual text of the law.

  • February 13, 2026

    Dell Unit Holds Onto $4M In Fees In Patent Case At Fed. Circ.

    The Federal Circuit on Friday upheld a Massachusetts federal judge's ruling that a patent infringement case brought against a Dell unit was exceptional, a finding that resulted in the unit being awarded a little over $4 million in attorney fees.

  • February 13, 2026

    Big Tech Loses Fintiv APA Challenge At Fed. Circ.

    U.S. Patent and Trademark Office precedent allowing Patent Trial and Appeal Board petitions to be denied based on the timing of related litigation falls well within the director's discretionary authority, the Federal Circuit said Friday in rejecting an appeal from Apple, Cisco, Google and Intel.

  • February 13, 2026

    Del. Rules Fox Sports Must Testify in Reggie Bush NCAA Suit

    A Delaware Superior Court has approved an out-of-state subpoena compelling Fox Sports Productions LLC to sit for a deposition in former Heisman Trophy winner and NFL star Reggie Bush's defamation lawsuit against the NCAA, clearing the way for sworn testimony as the case heads toward a November trial in Indiana.

  • February 13, 2026

    ITC Reinstates Patent Claims Against Chinese Resin Importer

    The U.S. International Trade Commission has reversed an administrative law judge's decision finding that a Chinese company was not importing fluoride resin products in a way that would infringe patents held by chemical company Syensqo.

  • February 13, 2026

    Google's Hot Link Patent Claim Challenge Revived At Fed. Circ.

    Google was able to reboot its challenge to a "hot link" patent it was accused of infringing, after the Federal Circuit said Friday the Patent Trial and Appeal Board needs to reconsider whether the company could prove one of the claims was invalid.

  • February 13, 2026

    Intellectual Property Group Of The Year: WilmerHale

    WilmerHale helped PNC Bank overcome patent trial losses amounting to multimillions of dollars, while also protecting director M. Night Shyamalan in a copyright suit, earning the firm a place among the 2025 Law360 Intellectual Property Groups of the Year.

  • February 13, 2026

    Duane Morris Hires Away Bracewell's IP Chair For DC Office

    Duane Morris LLP has added its fifth new partner of 2026 as the chair of Bracewell LLP's intellectual property practice group is joining the firm as a partner in Washington, the firm recently announced.

  • February 13, 2026

    Another Atty Ordered To Explain Fake Case Citations

    Another attorney has been ordered to explain himself, after a California federal judge found his filing to contain nonexistent case citations that the court suspects were hallucinated by generative artificial intelligence.

  • February 13, 2026

    CareDx Seeks High Court Review Of $45M False Ad Case

    Transplant diagnostics company CareDx has asked the U.S. Supreme Court to review a Third Circuit decision that erased a nearly $45 million jury award against rival Natera in a false advertising case, arguing the appeals court is the only one that forbids juries from inferring consumer deception when determining damages.

  • February 13, 2026

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

    This past week in London has seen a former U.S. defense contractor convicted of tax evasion face legal action, French football club Olympique Lyonnais sued following a $97 million ruling against its owner John Textor, consulting giant Kroll targeted by a South African airline, and H&M hit with a claim alleging it copied protected sunglasses designs. Here, Law360 looks at these and other new claims in the U.K.

  • February 12, 2026

    Apple Infringed Wireless Charging Tech, Powermat Alleges

    Israel-based Powermat Technologies Ltd. sued Apple Inc. in Texas federal court for allegedly infringing five patents related to wireless charging, accusing the Cupertino, California-based tech giant of being an "unwilling licensee" that has refused to discuss licensing Powermat's patent portfolio in good faith.

  • February 12, 2026

    Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight

    A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.

  • February 12, 2026

    Apple AirTags And IPhones Infringe Tracking Tech, Suit Says

    Features on Apple's iPhones, AirTags and AirPods that allow users to locate lost items infringe patents owned by a company that invented an iPhone-compatible tracking case and tags, according to a lawsuit filed Wednesday in Texas federal court.

  • February 12, 2026

    Apple Cleared Of 4G Patent Infringement Claims In 3rd Trial

    A Texas federal jury cleared Apple of infringement claims brought by Optis Wireless Technology over patents covering standard-essential 4G wireless technology Thursday, after the verdicts of two previous juries finding Apple liable were overturned.

  • February 12, 2026

    Judge Recommends Tossing Nielsen Data Patent Case

    Nielsen should have its lawsuit accusing a rival of infringing a patent covering a way to measure audience viewership outside the home using mobile phone data dismissed, a federal magistrate judge in Delaware recommended Thursday, finding the patent in question does not cover an eligible process.

  • February 12, 2026

    Rein Tech Prez Again Sanctioned For Patent Order Violations

    A Delaware federal judge on Thursday permanently barred a patent attorney from participating in water meter patent prosecutions and barred his company from asserting water meter patent claims against a rival it claims infringed them, saying "serious" sanctions were warranted for a repeat violation of a protective order.

  • February 12, 2026

    Elon University Says Sportswear Co. Using TM To Sell Clothes

    Elon University told a North Carolina federal court that a Washington-based online apparel seller is willfully infringing on its trademarks, some of which are over a century old, and damaging the school by marring its reputation for high-quality apparel.

Expert Analysis

  • Drafting Tech Patents After USPTO's Eligibility Memos

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    Two recent U.S. Patent and Trademark Office memos on subject matter eligibility declarations provide an evidentiary playbook for artificial intelligence and software patent applications, highlighting how targeted, stand‑alone SMEDs that present objective, claim‑anchored facts can improve patent application outcomes, say attorneys at Reed Smith.

  • Series

    Judges On AI: Practical Use Cases In Chambers

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    U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

  • USPTO Initiatives May Bolster SEP Litigation In The US

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    The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • Trade Secret Steps To Take As Exposure Risk Increases

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    Against the backdrop of rising trade secret litigation, greater employee mobility and constraints on noncompetes, recent cases highlight the importance of minimizing trade secret risks when employees leave or when new hires join, say attorneys at Sullivan & Cromwell.

  • Open Questions After Defense Contractor Executive Order

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    The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.

  • What Artists Can Learn From Latest AI Music Licensing Deals

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    Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.

  • If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access

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    With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.

  • USPTO's New Patentability Focus Helps Emerging Tech

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    The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Learning From A Typical Section 1782 Discovery Case

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    A California federal judge's recent approval of a Section 1782 application, compelling a U.S.-based company to produce materials relevant to a German patent dispute, usefully illustrates the specific steps foreign litigants must undertake before wielding this powerful tool for obtaining evidence unavailable via discovery mechanisms abroad, say attorneys at Fish & Richardson.

  • How To Trademark A Guy In 8 Ways: An IP Strategy Against AI

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    Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.

  • Utilizing The ITC To Combat 'Gray Market' IP Infringement

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    As technological developments intensify trademark owners' need to respond swiftly to "gray market" sales of international goods imported into the U.S. without the trademark owner's consent, litigating at the U.S. International Trade Commission offers an underutilized enforcement option, say attorneys at MoFo.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

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