Intellectual Property

  • August 19, 2026

    Netflix Hit With Band's TM Suit Over 'KPop Demon Hunters'

    Christian heavy metal band Demon Hunter is accusing Netflix in California federal court of infringing its marks for the streaming platform's hit animated musical "KPop Demon Hunters," saying the movie's brand has already caused confusion among consumers and is pushing the long-running band's identity into obscurity.

  • August 19, 2026

    Papa Johns Can't Avoid Arbitration In Fight With Franchisee

    A dispute between Papa John's International and a franchisee it accused of breaking his franchise agreement must be paused until an arbitrator decides whether the claims belong in arbitration, a Kentucky federal judge has ruled, delivering a blow to the pizza company trying to keep its claims in court.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    OpenAI Opposes Early Discovery In Apple Trade Secret Suit

    OpenAI and two of its employees have asked a California federal court to reject Apple's bid for expedited discovery in its trade secret lawsuit accusing OpenAI of using former Apple employees to obtain confidential information, arguing that discovery will begin soon enough.

  • August 19, 2026

    Bradley Arant Adds SCP Health In-House Vet In Atlanta

    Bradley Arant Boult Cummings LLP has added the senior vice president and associate general counsel of healthcare company SCP Health to its Atlanta office, strengthening the firm's healthcare practice.

  • August 19, 2026

    Rising Star: Fenwick's Jon McMichael

    Jon McMichael of Fenwick & West LLP helped Lashify secure a $34 million patent verdict and a Federal Circuit decision that overturned decades-long International Trade Commission precedent, and won a landmark ruling that reshaped where patent lawsuits may be filed, earning him a spot among the intellectual property attorneys under 40 honored by Law360 as Rising Stars.

  • August 18, 2026

    Lady Gaga Beats Surf Brand's 'Mayhem' TM Infringement Suit

    A California federal judge Tuesday granted Lady Gaga's bid to toss a surf and lifestyle brand's lawsuit accusing her of infringing a "Mayhem" mark on her merchandise, saying the brand failed to sufficiently allege that the pop star's use of the mark explicitly misled consumers.

  • August 18, 2026

    Feds Bring New Charges Over $3.4B Iran-Backed Cybertheft

    Manhattan federal prosecutors on Tuesday announced new charges against a group of Iranians accused of running a global, state-backed hacking campaign against private companies, government agencies and universities, in a wide-ranging cybertheft conspiracy that stole at least $3.4 billion in academic data and intellectual property.

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Boeing Is Pressed For Financial Records In NASA IP Row

    Wilson Aerospace LLC asked a Washington federal judge to compel the Boeing Co. Inc. to turn over financial materials and other documents that have information relevant to their dispute over technology used in NASA's moon program.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    Squires Says RPIs Must Be Named If They Can Control Cases

    The U.S. Patent and Trademark Office director explained why he rejected Viance LLC's challenge of a Koppers Performance Chemicals Inc. patent, faulting Viance for failing to disclose real parties in interest and writing that a company's mere ability to control a challenger makes it an RPI.

  • August 18, 2026

    Netflix Says Tyra Banks Signed Away Editorial Control Of Doc

    Netflix and the producers behind a docuseries about "America's Next Top Model" asked a California federal judge to dismiss Tyra Banks' defamation lawsuit, arguing her allegations are nothing more than "complaints about ordinary editorial decisions" that are protected by free speech laws.

  • August 18, 2026

    Author Says Consulting Firm Stole Leadership Programs

    An author and executive leadership keynote speaker claimed in Colorado federal court Tuesday that the consulting firm he used to work with stole his copyrighted educational content after terminating a 15-year working relationship, according to the complaint.

  • August 18, 2026

    FAA Contractor Says Ex-VP, Competitor Cannot Use Its IP

    A Federal Aviation Administration contractor asked a Virginia federal court to prohibit its former vice president and his new company from recruiting the firm's employees and using its proprietary information, saying their actions could cause irreparable harm to its business.

  • August 18, 2026

    PE Music Rights Co. Sues Anthropic, Suno Over AI Training

    Private equity music publisher Round Hill Music has sued Anthropic, Suno and web-scraping provider Bright Data in separate federal lawsuits in California, accusing the companies of "rampant commercial copying" of thousands of its copyrighted songs and lyrics without permission to build and train artificial intelligence systems.

  • August 18, 2026

    Sofia Vergara's Underwear Co. Moves To Nix AI Deepfake Suit

    EBY urged a California federal judge to dismiss a content creator's suit alleging that, while she agreed to be a brand ambassador, the underwear company used AI to create a "deepfake" version and publish a video where she appeared partially nude, arguing Monday that the video is not "pornography" as commonly understood.

  • August 18, 2026

    Fed. Circ. Won't Revive PTAB Challenge Of Westport Patents

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board was right when it declined to eliminate claims in a pair of fuel injection patents owned by Westport Fuel Systems Canada Inc., saying that Mercedes-Benz and an engineering and technology company didn't prove the invention's obviousness.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    DSW, Sony Strike Deal In Social Media Music Copyright Fight

    Sony Music Entertainment and DSW's parent company, Designer Brands, have reached a settlement in principle in a copyright infringement suit accusing the shoe retailer and related companies of using more than 100 copyrighted songs in social media advertising without authorization, according to a notice filed in California federal court.

  • August 18, 2026

    Rising Star: Steptoe's Robert Kappers

    Steptoe LLP partner Robert Kappers helped Express Mobile revive a district court infringement case against GoDaddy and then won $170 million at the subsequent trial, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 18, 2026

    ITC Probing Transformers Over Trade Secrets Theft Claim

    The U.S. International Trade Commission has opened an investigation into a California transformer manufacturer's claims that an Indian competitor stole its trade secrets in order to accelerate its entrance into the U.S. market, along with false advertising and trademark infringement claims.

  • August 18, 2026

    Fla. Jury Sides With Condo Owner In Marco Beach TM Trial

    A Florida federal jury has sided with a Marco Island condominium owner and his rental businesses in a trademark lawsuit brought by the developer behind the Marco Beach Ocean Resort, finding they did not infringe the resort's name or crest logo or engage in unfair competition.

  • August 18, 2026

    Jack Daniel's IP Atty Returns To Baker McKenzie In Dallas

    Baker McKenzie has boosted its commercial practice group with a Dallas-based partner who returned to the firm after nearly a decade of in-house intellectual property work with Jack Daniel's Properties Inc.

  • August 17, 2026

    Altria Tells 4th Circ. ITC Patent Cases Are Unconstitutional

    The U.S. International Trade Commission cannot constitutionally resolve a private patent dispute or bar the importation and domestic sales of an infringing party, Altria told the Fourth Circuit on Monday, asking the appellate court to block the vaping patent case Juul has brought before the ITC.

Expert Analysis

  • 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.

  • Trademark Law As A Tool To Bolster NIL Rights Against AI

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    The meteoric rise of artificial intelligence-generated deepfakes is prompting high-profile celebrities to protect their name, image and likeness rights using federal trademark law — a powerful yet limited supplement to traditional NIL claims, says Susan Natland at BakerHostetler.

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Why Biotech Cos. Need Litigation Plans Before Bad News

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    Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

  • 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

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    When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • 3 Litigation Strategies To Stay Ahead Of Bad Facts

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    A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

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