Trade Secret Law Evolution Podcast, Episode 83: "I Love Rumors"

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.

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 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.

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.

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.

There have been reports of law firms receiving a wave of fraudulent emails impersonating the U.S. Patent and Trademark Office (USPTO). These emails target trademark applicants with urgent demands...

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.

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.

Following two federal court decisions, the U.S. Department of State has lifted categorical pauses on immigrant visa issuance for nationals of 75 countries and diversity visa processing for DV-2026 selectees. While these policy changes allow cases to proceed through ordinary adjudication, they do not guarantee visa approval or admission, and timing remains critical as diversity visa eligibility expires September 30, 2026.

The U.S. District Court for the District of Columbia has preliminarily enjoined the Department of War from enforcing WuXi AppTec's Section 1260H designation, finding the agency misread its evidence on state and military affiliation. However, this ruling does not close alternative pathways to biotechnology company of concern (BCC) designation under the BIOSECURE Act, and earlier supply-chain restrictions continue to drive near-term compliance decisions with a critical June 30, 2027 deadline for sub-tier supp

The Trump administration has directed U.S. embassies and consulates worldwide to temporarily pause and reschedule immigrant visa interviews while consular officers undergo mandatory training on enhanced screening procedures, including the public charge ground of inadmissibility.

Major antitrust developments from August 2026 span multiple jurisdictions, including U.S. court rulings on oil price-fixing and printer cartridge restrictions, FTC quantum computing merger reviews...

The September 2026 Visa Bulletin reveals critical changes for EB-5 investors, particularly those from India, as unreserved visa numbers become unavailable for the remainder of FY2026. While set-aside categories remain current across all countries, the bulletin warns of potential further retrogression and highlights the importance of understanding how country of chargeability and investment category selection impact visa availability and processing timelines.

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.

On Sept. 10, 2026, the California Department of Tax and Fee Administration (CDTFA) held its second Interested Parties Meeting to discuss proposed emergency regulations implementing state Senate Bill 122...

The European Commission has published draft guidelines interpreting the AI Act's transparency obligations, establishing when and how organizations must disclose AI-generated content, deepfakes, and automated interactions. These guidelines clarify that deepfake labeling applies regardless of intent to deceive, that AI systems must identify themselves at the point of interaction, and that the editorial review exception for AI-generated text requires substantive human oversight with clear accountability.

A federal court has postponed the Department of Homeland Security's fixed-term admission rule for F, J, and I nonimmigrants, preserving the duration of status framework and blocking requirements that would have imposed four-year caps on international students and exchange visitors. The ruling addresses concerns about arbitrary rulemaking, inadequate cost analysis, and potential disruption to U.S. educational institutions and their international programs.