A Five-Minute Read On Current Patent Litigation Trends For People Who Get Bored By Patents

The U.S. Copyright Office recently released a report on the human authorship requirement for materials to qualify for copyright protection.

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.

In recent video game news, gaming giant Nintendo filed and settled a lawsuit against the developers of the popular Nintendo Switch emulator, Yuzu.

AI-powered call transcription tools like Otter.ai are facing class action lawsuits under Illinois' Biometric Information Privacy Act (BIPA) for allegedly collecting voiceprints without proper consent. A federal court recently allowed claims to proceed, signaling potential legal risks for companies that provide or utilize these increasingly common meeting recording services.

Bristol-Myers Squibb and Ono Pharmaceutical have filed a patent infringement lawsuit against Amgen over its proposed nivolumab biosimilar ABP 206, asserting seven patents related to OPDIVO. The complaint follows earlier inter partes review challenges and patent dance negotiations that narrowed the dispute to specific claims covering the antibody sequence, cancer treatment methods, and dosing regimens.

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.

If it seems to you that the process of obtaining federal trademark registration has become more complicated and time-consuming in recent years, you are not alone.

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.

The FDA, in collaboration with federal partners, held a landmark public hearing on September 14, 2026, to gather input on the future therapeutic use of psychedelic drugs, drawing over 18,000 registered attendees. This hearing represents one of the earliest implementations of Executive Order 14401, which directs federal agencies to expedite research, review, and approval of psychedelic drugs for serious mental health conditions.

The landscape surrounding Section 280E of the Internal Revenue Code continues to evolve with President Trump's Executive Order on medical marijuana rescheduling, advancing litigation in New Mexico Top Organics v. Commissioner, and shifting regulatory signals. Cannabis taxpayers face critical decisions about taking "non-280E" positions on their tax returns while the IRS maintains its enforcement stance and the U.S. Tax Court case addressing common arguments remains pending.

A federal court in New Jersey has declared that state-mandated labor peace agreements for cannabis licensees are preempted by federal labor law, creating immediate questions for operators across the state. With the decision now under appeal to the Third Circuit and similar challenges advancing nationwide, licensed cannabis businesses must carefully evaluate their existing agreements and compliance obligations.

The Wall Street Journal reported that the SEC is developing a plan that would eliminate mandatory quarterly earnings reporting and instead...

CMS is expanding its ACCESS Model in spring 2027 to include five new tracks covering heart failure, COPD, substance use disorders, tobacco cessation, and extended musculoskeletal support. The expansion emphasizes symptom management, quality of life, and technology-enabled care for individuals with serious or chronic conditions, creating meaningful new pathways for palliative-style care within Medicare reimbursement. With 160 participating organizations and major health payers pledging to adopt outcomes-base

The Office of the Comptroller of the Currency has proposed new regulations that would impose Bank Secrecy Act and sanctions compliance requirements on permitted payment stablecoin issuers under its jurisdiction. This rulemaking, coordinated with FinCEN and OFAC, establishes anti-money laundering, counter-terrorism financing, and sanctions program standards for stablecoin issuers as part of the broader implementation of the GENIUS Act framework.

The FDA has announced a September 2026 public hearing to gather stakeholder feedback on the therapeutic use of psychedelic drugs in supervised settings, marking a significant federal policy shift following the Trump administration's Executive Order directing agencies to accelerate psychedelic drug research and approval. This development, coupled with newly released FDA guidance on clinical investigations, signals an evolving regulatory landscape that extends beyond traditional drug approval pathways into cl

On October 14, 2019, the Trump Administration issued Executive Order (EO) 13894 "Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria" in...

Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government