Intellectual Property

  • May 01, 2026

    Callaway Takes A Swing At Rival's 'Tortured' False Ad Suit

    Callaway Golf Co. asked a California federal court to throw out claims it has run a disparaging smear campaign portraying TaylorMade Golf Co.'s products as poorly performing, calling the suit "a tortured effort to chill competition."

  • May 01, 2026

    Vivienne Westwood Ends IP Dispute Over Artists' Graffiti Work

    Renowned fashion house Vivienne Westwood has agreed to end an intellectual property dispute initiated by a trio of prominent graffiti and street artists who accused the brand of exploiting their names and splashing their works across its apparel without permission, the parties told a California federal judge.

  • May 01, 2026

    Winery's Ex-Lawyer Has No Rights To Wine Brand, Judge Says

    A California federal judge has entered judgment in a battle between a Napa Valley winery and an attorney who had worked with it, ruling that the attorney had no rights to the trademark on the high-end RBS wine brand.

  • May 01, 2026

    PTAB Axes Part Of Memory Tech Patent, Upholds Another

    The Patent Trial and Appeal Board has found that only some of the claims in a computer memory patent that Western Digital Technologies was accused of infringing in California federal court were invalid, while upholding all the challenged claims of another patent.

  • May 01, 2026

    Del. Judge Leans Toward Candor In AI Tech Fight

    A Delaware vice chancellor said Friday she's inclined to find that a legal technology company's term sheet with an Italian artificial intelligence business is binding and that specific performance may be the only workable remedy in a fight over emotion-recognition technology for legal proceedings.

  • May 01, 2026

    Biotech Firm Wants Do-Over After Consultant's $58M Verdict

    A Georgia-based medical technology firm that was hit with a $58 million verdict last month over claims that it conspired to have a former consultant arrested has asked a Fulton County judge for a new trial, arguing the court allowed a jury charge that was "erroneous, irrelevant, [and] not tailored to the evidence."

  • May 01, 2026

    Vietnam Tops USTR Priority IP Watch List In Latest Report

    Vietnam hasn't dealt with "long-standing" issues to protect and enforce intellectual property rights, and its actions have had the biggest negative impact on U.S. products, according to the Office of the U.S. Trade Representative's latest annual global IP report.

  • May 01, 2026

    Hartford Unit Owed Contractor Coverage In Data Center Row

    A Hartford insurance specialty unit had a duty to defend a building contractor against an underlying suit over a data center's construction even after defamation claims were dropped, a California federal judge ruled, finding that existing claims could have exposed the contractor to additional defamation allegations.

  • May 01, 2026

    Zazzle Settles Suit Over Font Design Use

    Online retailer Zazzle has settled claims brought by a designer who alleged the site went beyond what was allowed by a license between the parties to use a copyrighted font she designed.

  • May 01, 2026

    How Paul Clement Does It All

    For most lawyers, getting to argue before the U.S. Supreme Court is a once-in-a-lifetime event, but for a select few, it's a common occurrence. Clement & Murphy PLLC name partner Paul Clement is one of those lawyers. 

  • May 01, 2026

    Hardware Co. Claims Menards Infringed Cabinet Designs

    A Michigan-based cabinet hardware company has sued home improvement chain Menards in Michigan federal court, claiming that after a contractual relationship broke down, Menards suddenly claimed it owned patented cabinet designs and continued selling them.

  • May 01, 2026

    TTAB Upholds Canceled Everwise TM Registration

    The Trademark Trial and Appeal Board won't revive a Midwestern credit union's trademark registration after it had not actually begun commercial use of that name by the legally required deadline.

  • May 01, 2026

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

    The past week in London has seen a Swiss energy trader bring a Financial List claim against shipping benchmarking company Baltic Exchange, law firm Slater and Gordon sued by a former client, Slack and Salesforce hit Microsoft with an antitrust claim, and Stephen Fry bring a personal injury claim after he broke bones falling off a stage. Here, Law360 looks at these and other new claims in the U.K.

  • April 30, 2026

    McKool Smith's Patent Trial Legend Sam Baxter Retires

    Sam Baxter of McKool Smith has announced his retirement after more than five decades in the legal profession, wrapping up a storied career as a patent litigator in the Eastern District of Texas.

  • April 30, 2026

    Jones Day Beats Sanctions Bid In $2M Fee Dispute

    An Illinois state judge has ruled that Jones Day can pursue punitive damages on several of its claims in a lawsuit alleging a former client made a series of unlawful transactions to avoid paying over $2 million in legal fees, and also denied sanctions sought by the ex-client against the firm.

  • April 30, 2026

    ITC Proposes Litigation Funding Disclosure Rule For IP Cases

    The U.S. International Trade Commission on Thursday proposed a new rule that would require litigants in intellectual property cases before the commission to disclose information about entities that have an ownership or financial interest in the case, including litigation funders.

  • April 30, 2026

    Pa. Atty Says Ex-Partner Ran Firm Into Ground, Won't Pay Up

    A Pennsylvania patent attorney is accusing his former partner in a state court lawsuit of mismanaging the firm they started, improperly winding down operations and refusing to pay him all the money he says he is owed.

  • April 30, 2026

    Netflix's 'Tiger King' Funeral Clip Was Fair Use, 10th Circ. Says

    The Tenth Circuit on Thursday said Netflix Inc. made fair use of a minutelong funeral clip in its popular "Tiger King" docuseries, holding in a precedential opinion that the streaming platform's use of the footage was "significantly transformative," departing from its earlier ruling that reached the opposite conclusion.

  • April 30, 2026

    Al Jazeera Fights To Nix Storm Video DMCA Claim For Good

    Al Jazeera urged a California federal judge Thursday to permanently nix a claim alleging it knowingly, with intent to conceal infringement, embedded its watermark over videographers' extreme weather footage uploaded onto YouTube, arguing it never removed the videographers' copyright management information and that the parties' works are not identical.

  • April 30, 2026

    Crypto Co. Fights Shkreli's Counterclaims In Album Case

    A cryptocurrency company suing "Pharma Bro" Martin Shkreli over ownership of a coveted Wu-Tang Clan album has asked a Brooklyn federal judge to dismiss his counterclaims, calling his claim seeking a declaration that he didn't steal trade secrets related to the album a "mirror image" of the company's claim saying he did.

  • April 30, 2026

    Texas Justices Asked To Revive Infowars Lease To The Onion

    Victims of the Sandy Hook Elementary School massacre have asked the Texas Supreme Court to let a court-appointed receiver lease Alex Jones' website Infowars to a company linked to satire publication The Onion, a move that could hasten the delivery of funds Jones owes the families after massive defamation judgments.

  • April 30, 2026

    Fed. Circ. Lets Stand Walmart's Alice Win Over Q Tech Patents

    The Federal Circuit said Thursday it will not rehear arguments that Walmart infringed three content-sharing patents that were invalidated under the U.S. Supreme Court's test for assessing whether patents cover abstract subject matter.

  • April 30, 2026

    7th Circ. Backs Minimal $2K Damages In Counterfeiting Case

    The Seventh Circuit has agreed with a lower court that an online clothing retailer's minimal damages of $2,000 against a company found liable for willful counterfeiting and cybersquatting should not be boosted to $2.1 million, saying obtaining a default judgment was not enough on its own to support an increase.

  • April 30, 2026

    NC Biz Court Bulletin: Corporate Raid, MV Realty Settlement

    A major case settled in the North Carolina Business Court in April as new lawsuits emerged, including a complaint by health information technology company IQVIA Holdings Inc. accusing its former top brass of orchestrating a corporate raid and defecting to a competitor. In case you missed this story and others, here are the highlights.

  • April 30, 2026

    Buchalter Adds Engineer Turned Patent Atty From Mintz

    Buchalter PC announced Wednesday that it has welcomed an engineer-turned-lawyer to its Los Angeles and San Francisco offices, touting her long-standing experience as a patent litigator and registered patent attorney.

Expert Analysis

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • What Recent Dataset Suits Signal For AI Training Litigation

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    Plaintiffs are moving away from abstract debates about artificial intelligence at large and toward dataset provenance, and three filings illustrate how provenance is pled using public dataset documentation, archives and discovery‑ready allegations about copying, retention and downstream handling, says Yulia Leshchenko at Name & Fame.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI Trade Secret Conviction Highlights Espionage Risks

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    A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.

  • How To Counter 7 Logical Fallacies In Legal Arguments

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    Many legal arguments are riddled with reasoning flaws that can effectively distract or persuade the fact-finder, but these tactics lose much of their power when attorneys recognize and strategically shine a light on them, says Allison Rocker at Baker McKenzie.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • How To Turn EU AI Act Disclosures Into Patent Assets

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    As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

  • Fed. Circ. In Jan.: On The Validity Of Expert Testimony

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    The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.

  • Reel Justice: 'Sentimental Value' And Witness Anxiety

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    "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • How The Fashion 'Dupe' Economy Is Redefining IP Strategies

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    Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • An Instructive Reminder On Appealing ITC Determinations

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    A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

  • Clarifying A Persistent Misconception About Settlement Talks

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    An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

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