Intellectual Property

  • October 14, 2026

    Mass. Top Court Rejects Trade Secret Harm 'Presumption'

    Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.

  • October 14, 2026

    AGs Say Character.AI Chats Must Be Protected In Ch. 11 Sale

    A group of state attorneys general told a Delaware bankruptcy judge Wednesday that protection of minors and privacy concerns need to be addressed before the company behind artificial intelligence entertainment platform Character.AI is allowed to sell its data in its Chapter 11 case.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    Fed. Circ. Won't Revive UPL Patent, But Rejects Sanctions

    The Federal Circuit on Wednesday refused to bring back an agricultural fungicide patent owned by UPL Ltd. that was invalidated at the Patent Trial and Appeal Board, but also shot down a bid to sanction the Indian agrochemicals company.

  • October 14, 2026

    Baker Botts Atty Seeks $3.4M In Fees After Defamation Suit

    A Baker Botts LLP patent attorney has moved for almost $3.4 million in attorney fees and expenses in a defamation suit an inventor brought against her that was dismissed.

  • October 14, 2026

    Fed. Circ. Affirms Toss Of Hulu Digital Advertising Patent Suit

    The Federal Circuit on Wednesday upheld a California federal judge's decision dismissing a suit brought by a patent-holding company accusing streaming giant Hulu of infringing patents covering advertising in digital media, finding the patent claims cover an abstract idea and lack an inventive concept.

  • October 13, 2026

    Liquidia Settles United Therapeutics Suits With $380.7M Deal

    Liquidia will pay out $380.7 million as part of a settlement agreement with United Therapeutics Corp. that resolves six lawsuits between the pharmaceutical companies, Liquidia announced Tuesday, saying patients will continue to have access to its Yutrepia lung disease treatment that was central to litigation.

  • October 13, 2026

    Judge Probes Ex-Joe Gibbs Racing Director's Acts After Exit

    A North Carolina federal judge said she had concerns Tuesday about whether the previous competition director for Joe Gibbs Racing LLC disclosed his former employer's trade secrets to a rival team in violation of a court order placing certain restrictions on his employment.

  • October 13, 2026

    MIT Says Amazon Web Services Infringes Security Tech Patent

    Amazon Web Services Inc.'s use of certain hardware fingerprinting technology in its cloud computing services violates a pair of Massachusetts Institute of Technology patents related to cryptography and hardware identification, the university alleged Friday in Massachusetts federal court.

  • October 13, 2026

    Apple Urges Judge To Toss 'Shocking' $5.7B Patent Verdict

    Apple Inc. on Tuesday asked a California federal judge to wipe out a jury's $5.7 billion damages award for Taction Technology Inc. or order a new trial in the haptic vibration technology patent dispute, calling the award "shocking" and "untethered to any evidence at all."

  • October 13, 2026

    Apple Gets Expedited OpenAI Discovery In Trade Secret Case

    A California federal judge said Tuesday that OpenAI must work on an expedited timeline to furnish some documents in Apple's suit accusing the company of using former employees to access secret information, calling Apple's concerns about the preservation of some evidence "well-taken."

  • October 13, 2026

    Biotech Co.'s Egg Protein Patent Case Flops In Del. Court

    A Delaware federal judge found cracks in a biotechnology company's jurisdictional arguments in a case it brought seeking a declaration that it wasn't infringing a rival's patent covering animal-free egg protein, ruling Friday there was no imminent controversy between the companies when the lawsuit was filed.

  • October 13, 2026

    Qualcomm Secures $2 In License Breach, Interference Trial

    Arm Holdings should pay Qualcomm $2 for breaching a licensing agreement and interfering in Qualcomm's economic relationship with Meta, a Delaware federal jury found Tuesday.

  • October 13, 2026

    Dolby Loses Bid To Ax InterDigital Patent From Disney Case

    A California federal judge has denied Dolby's motion seeking to invalidate an InterDigital video patent that is at issue in a related infringement suit against Disney over its streaming services, ruling that Dolby failed to show that the patent covers only an abstract idea.

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Nvidia Faces Suit Over AI Training Music Data

    An independent music licensing company has brought a lawsuit accusing Nvidia of infringing its copyrights to train its artificial intelligence models, days after dropping a nearly identical suit in the same court.

  • October 13, 2026

    Fed. Circ. Backs L'Oreal's Alice Win On Face Analysis Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a California federal court's invalidation of a facial measurement and analysis patent that had been asserted against the cosmetic giant L'Oreal USA Inc.

  • October 13, 2026

    Judge Finds Cyanide Antidote Generic Infringes IP After Trial

    A Delaware federal judge ruled Tuesday that a generic version of a cyanide antidote was infringing three patents asserted by Hope Medical Enterprises after a bench trial where Accord Healthcare Inc. claimed its product did not infringe and that the patents were invalid.

  • October 13, 2026

    In AI Race, Trade Secret Suits Become Popular Safeguard

    Fierce competition for artificial intelligence engineers and the relative paucity of intellectual property protections for AI technologies have companies turning to trade secret litigation as a powerful tool they can wield against competitors and former employees, attorneys say.

  • October 13, 2026

    Groups Ask Justices To Hear Apple's ITC Industry Rule Fight

    The Federal Circuit wrongly continued the degradation of the U.S. International Trade Commission's domestic industry requirement in patent disputes by sustaining a decision that Apple Watches infringe Masimo Corp.'s patents, groups supporting Apple's petition told the U.S. Supreme Court on Tuesday.

  • October 13, 2026

    Fed. Circ. Pressed To Undo $61M IP Verdict Against Samsung

    A nonprofit representing tech giants including Amazon, Google and Intel told the Federal Circuit on Friday the court should overturn a $61 million jury verdict against Samsung for infringing a single standard-essential 5G patent.

  • October 13, 2026

    7th Circ. Wrong On TM Interest Ruling, High Court Told

    A company that makes apparel with the U.S. Army slogan "This We'll Defend" has told the U.S. Supreme Court that the circuits are "deeply divided" on the issue of prejudgment interest and that a case where the Seventh Circuit affirmed a $229,000 prejudgment interest award against it would serve as the ideal vehicle to resolve the split.

  • October 13, 2026

    ITC Probing Vicor Rivals For AI Power System Infringement

    The U.S. International Trade Commission announced it will investigate claims made by Vicor Corp. that several rivals are importing patent-infringing power delivery systems typically used in high-performance computing such as artificial intelligence, setting up possible import exclusions.

  • October 13, 2026

    Reddit Fights Proskauer's 'Hot Potato' AI Client Bid In IP Suit

    Reddit Inc. has urged a New York federal judge to block its former law firm Proskauer Rose from defending Perplexity AI in Reddit's suit over alleged data scraping used to train artificial intelligence models, arguing the firm can't represent Perplexity after dropping Reddit as a client like ‌a "hot potato."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

Expert Analysis

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Protecting Quantum Innovation As The Sector Commercializes

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    As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Shopify Settlement Clouds Open-Source Copyright Limits

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    Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

  • What Data Says About Biologics-Related Ex Parte Challenges

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    An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

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    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Coordinating Life Sciences IP Strategies In The US And EU

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    As postgrant practice for life sciences patents is restructured in the U.S. and European Union simultaneously, patent owners will need to implement transatlantic coordination that treats international proceedings as components of a single intellectual property risk architecture, says Paul Calvo at Sterne Kessler.

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