Intellectual Property

  • July 29, 2026

    Disney Says 'Avatar' Likeness Suit Came 16 Years Late

    Director James Cameron and Disney have asked a California federal judge to dismiss a lawsuit brought by actor Q'orianka Kilcher alleging her face was used to craft the face of a main character in the 2009 film "Avatar," saying Kilcher had waited an unreasonable 16 years to make her claim.

  • July 29, 2026

    J&J Says Cancer Drug Study Sinks Bayer's False Ad Claims

    Johnson & Johnson told a New York federal court that a peer-reviewed scientific journal's publication of a study on the active ingredient in its prostate cancer drug must end Bayer's claims the pharmaceutical giant made false and misleading claims about the drug's efficacy.

  • July 29, 2026

    3rd Circ. Won't Undo Jury Award In Fudge Trade Secret Case

    The ex-wife of a chocolatier lost her challenge to a jury's finding that she misappropriated his secret recipe for "Chocolate Moonshine" fudge, after the majority of a split Third Circuit on Wednesday said there was enough evidence behind the jury's conclusions.

  • July 29, 2026

    Longtime USPTO Employee Tapped For Acting Deputy Leader

    The U.S. Patent and Trademark Office has selected longtime employee Anne Mendez to serve as the acting second in command of the agency after Deputy Director Coke Morgan Stewart revealed this week that she's leaving for the private sector.

  • July 29, 2026

    'Vibe Coding' Pushes Cos. To Rethink Copyright Protection

    As artificial intelligence takes on more software development projects, businesses embracing “vibe coding” are adapting to uncertain copyright protection by documenting engineers’ contributions, keeping humans involved in high-value projects and leaning more heavily on trade secrets.

  • July 29, 2026

    Christian Song Doesn't Infringe Copyright, Ore. Judge Finds

    An Oregon federal judge has agreed with a jury's advisory verdict that a Christian music songwriter did not infringe the copyright on singer Vincent Ambrosetti's song "Emmanuel," noting Ambrosetti himself was not a reliable witness.

  • July 29, 2026

    Retailer Denies Copying Sensodyne With 'Sensio' TM

    A personal care retailer has hit back at the companies behind Sensodyne and Aquafresh, arguing that its "Sensio" and "Triple Protect" toothpastes are unlikely to confuse shoppers because their packaging and designs are markedly different.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    HR Giant Rippling Stole Startup's AI Trade Secrets, Suit Says

    Human resources services provider Rippling stole confidential information about Runlayer's artificial intelligence platform technology to develop its own competing product, the startup claims in litigation filed Tuesday in New York federal court.

  • July 28, 2026

    Split PTAB Upholds Fiber Optics Component Patent

    A divided panel of the Patent Trial and Appeal Board has decided that Cambridge Industries USA Inc. failed to show that any challenged claims are invalid in an Applied Optoelectronics Inc. patent on technology used in fiber optic networks.

  • July 28, 2026

    Albright Preserves Verdict Clearing Roku On Streaming Patents

    A Texas federal judge on Tuesday said he wouldn't grant a new trial or a favorable judgment to a company that asserted two patents against Roku after a jury cleared the streaming device maker in 2024.

  • July 28, 2026

    Writer Must Post $150K Bond During Romantasy IP Appeal

    A New York federal judge on Tuesday said a writer has to put up a bond of $150,000 while she appeals the dismissal of her suit accusing a best-selling fiction author of stealing her romance-fantasy book drafts to create the popular "Crave" series.

  • July 28, 2026

    Papaya Owes $719M, Atty Fees In Gaming False Ad Case

    A New York federal judge has granted Firy Inc.'s request to order Papaya Gaming Ltd. to disgorge $719 million and pay $10.1 million in attorney fees to Firy on top of a $420 million jury verdict in April for alleged misrepresentations about its mobile games being based on skill and not using bots.

  • July 28, 2026

    Judge Calls Off IP Trial, Threatens Sanctions Against Apple

    A Texas federal judge has vacated an impending trial date for a patent infringement suit against Apple, saying he needed time to resolve outstanding jurisdictional issues, but ordered Apple to explain why it shouldn't be sanctioned for raising those issues so close to trial.

  • July 28, 2026

    Fed. Circ. Won't Rethink Expert Decision In Microsoft Case

    The Federal Circuit has turned down Microsoft's request that it revisit a panel's decision that reopened the damages amount issue in a patent infringement case brought against the tech giant by Israeli company Exafer Ltd.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    OpenAI Settles TM Dispute Over 'IO' Hardware Branding

    OpenAI and startup IYO have reached a settlement in principle in their trademark dispute over the "IO" name for AI hardware, the parties told a California federal court.

  • July 28, 2026

    Fish & Richardson Slams IP DQ Bid As Possibly Manufactured

    LVMH urged a Texas federal court to reject a bid to boot Fish & Richardson PC from defending the luxury goods business against an infringement lawsuit over patents for nonfungible token display technology, saying the company behind the suit may have tried to "manufacture" a conflict to disqualify the firm.

  • July 28, 2026

    Goodwin Grows Life Sciences Group With San Diego IP Hire

    Goodwin Procter LLP announced Monday that an experienced intellectual property attorney focused on life sciences matters has joined the firm's San Diego office as a partner from Wilson Sonsini Goodrich & Rosati PC.

  • July 28, 2026

    Pipe Inventor Says Other Parties Unneeded In Patent Suit

    The inventor of the Digger One Hitter smoking pipe is urging a Michigan federal court not to throw out his patent infringement claims against S&E Distributor Inc., saying the defendants are wrong to insist he has no right to sue.

  • July 27, 2026

    GoodPop, JonnyPops Trade Blows In Fruit Pop False Ad Fight

    GoodPop and JonnyPops have both filed summary judgment bids in a false advertising battle in Texas federal court that was filed two years ago by GoodPop, each arguing that their rival's claims over their respective frozen pops' fruit and sugar content can be tossed without going to trial.

  • July 27, 2026

    Fed. Circ. Clears Boston Scientific In $49M Stent Patent Case

    The Federal Circuit on Monday overturned a $49.4 million patent judgment against Boston Scientific, ruling that the company's drug-eluting coronary stents did not infringe a patent owned by the University of Texas System and that the patent is invalid.

  • July 27, 2026

    7th Circ. Asked To Clarify Copyright Prevailing Party Status

    A man who successfully defended himself from being held liable for damages when he was sued by a food photography company that claimed his photo of raw meat on Facebook counted as copyright infringement has asked the Seventh Circuit to find that he's the "prevailing party" for purposes of seeking attorney fees.

  • July 27, 2026

    Chobani Can't Escape Danone's Coffee TM Suit

    A New York federal judge on Monday refused to toss Danone's unregistered trademark infringement suit against Chobani over use of the phrase "Bright & Mellow," saying Danone plausibly backed up its argument that the mark was not simply generic.

  • July 27, 2026

    Verano Unit Accused Of Infringing Cannabis Extraction Patent

    A subsidiary of cannabis giant Verano Holdings LLC was hit with a patent infringement suit in Virginia federal court Monday accusing it of ripping off a California company's pioneering technology using safer, low-temperature ethanol extraction processes to obtain oils and compounds from cannabis, which helps avoid the risk of fires or explosions. 

Expert Analysis

  • 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.

  • 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.

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