Intellectual Property Trending Topics

To help with your writing efforts, here’s what people are looking for in IP Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

The Doctrine of Foreign Equivalents: What to Understand 

Consider writing about:

The doctrine of foreign equivalents; what it consists of; how companies can get tripped up by this doctrine; any interesting cases that may offer practical takeaways on how to prevail in a dispute over foreign equivalents (or how to head one off).

Pa. Jury Slaps Comcast With $240M Infringement Verdict 

Consider writing about:

A recent $240 million jury verdict against Comcast over voice recognition technology; what to know about Promptu Systems’ lawsuit against Comcast; related trends involving the evolution of voice recognition technology, and any noteworthy IP disputes involving other companies’ voice recognition work.

Parodies, IP Rights, and Risks 

Consider writing about:

Parodies and intellectual property law; how parodies are protected under the law; when a parody risks crossing a legal line into infringement; any significant cases that illustrate these points; practical guidance on protecting one’s IP rights when a parody is involved.

AI-Assisted Inventions and IP Rights: What to Know 

Consider writing about:

AI-assisted inventions; the latest guidance from courts or other IP authorities on human “vs.” AI inventor roles, recognition, and requirements; how the guidance may vary from one jurisdiction to another; how best to protect one’s IP rights when using AI systems.

Related information:

https://www.uspto.gov/subscription-center/2025/revised-inventorship-guidance-ai-assisted-inventions

https://public-inspection.federalregister.gov/2025-21457.pdf

Public Domain Day Opens the Door to More Works (and Potential Risks) 

Consider writing about:

What to know about Public Domain Day and its significance; the annual expiration of copyrights; what it means for a work to enter the public domain; notable works that joined that list as of Jan. 1, 2026; common misconceptions or potential pitfalls regarding the use of works that are in the public domain.

Cross-Border Considerations Involving IP Protection [Ongoing] 

Consider writing about:

Cross-border concerns that arise in conjunction with intellectual property protection; what to consider regarding filing strategies, relevant patent authorities, courts, international treaties, prevailing law, and more.

Federal Appeals Court Sides With YouTube in Infringement Case 

Consider writing about:

A recent 11th Circuit ruling in YouTube’s favor in a copyright infringement dispute; key issues at stake in this case; how the federal appeals court interpreted YouTube’s obligations under the Digital Millennium Copyright Act; additional guidance for content creators and online platforms regarding their respective rights, duties, and options as they relate to the DMCA.

Related information:

https://media.ca11.uscourts.gov/opinions/pub/files/202313156.pdf

What to Know About the Visual Artists Copyright Reform Act 

Consider writing about:

The Visual Artists Copyright Reform Act; issues this Senate bill addresses; what the measure aims to accomplish; how copyright-related processes would change if the bill is approved; potential timeline for implementation of changes; prospects for the Act’s passage.

Related information:

https://www.blackburn.senate.gov/2025/12/general/blackburn-welch-introduce-legislation-to-empower-visual-artists-to-protect-their-work

New York Takes Action Regarding Digital Replicas 

Consider writing about:

A measure signed into law by New York’s governor last month; what the measure means for the post-mortem use of an individual’s name, image, or likeness; when new restrictions go into effect in New York; whether other states are implementing or considering similar restrictions on the use of digital replicas; what else companies should know about the New York law and any related trends.

Related information:

https://www.governor.ny.gov/news/governor-hochul-signs-legislation-protect-consumers-and-boost-ai-transparency-film-industry

IP Highlights From 2025: Year-End Review 

Consider writing about:

Your choice of five or more key intellectual property developments or trends from 2025, and why you consider them to be especially significant, either in and of themselves or as potential indicators of continuing impacts for 2026 or beyond. Decide whether to focus on a particular court or other entity, or a specific region, industry, or subset of intellectual property, or whether to take a wider-angle approach to the topic, and whether to offer practical takeaways or action steps for each of your chosen items.

Secondary Liability: A Looming Risk for AI Sector? 

Consider writing about:

How secondary liability may arise in the context of AI tools and intellectual property rights; how secondary liability is commonly interpreted; factors that may increase secondary liability risks for AI companies and others; how AI companies can prepare for these types of risks.

Work Made for Hire: What to Know 

Consider writing about:

The concept of “work made for hire;” typical scenarios under which this doctrine may arise; any common misunderstandings regarding rights and protections in this context; practical takeaways from any noteworthy disputes, rulings, or other significant outcomes on this front; additional best practices to keep in mind.

What Stands Out to You About Disney-OpenAI Licensing Agreement? 

Consider writing about:

A licensing agreement that Walt Disney Co. has reached with OpenAI; types of material, forms of usage, and limitations or exclusions covered by the agreement; the significance of this licensing agreement for Disney, OpenAI, consumers, the entertainment industry, the AI industry, and others; whether this licensing deal could be a sign of more such deals on the horizon, possibly including content creators and AI companies that are currently embroiled in infringement disputes with each other.

Related information:

https://www.npr.org/2025/12/11/nx-s1-5640837/disney-openai-sora-deal

https://variety.com/2025/digital/news/wga-disney-openai-deal-theft-of-our-work-1236606872

Implications of Warner Music-Suno Partnership Announcement 

Consider writing about:

A partnership announced last month between Warner Music Group and AI music platform Suno; what this settlement aims to accomplish; what the two companies’ deal means for creative artists and for consumers; related IP trends involving resolved or ongoing licensing and infringement disputes between music companies and AI companies.

Related information:

https://www.hollywoodreporter.com/music/music-industry-news/warner-music-group-settles-ai-infringement-suit-with-suno-1236435516

Disney Goes After Google Over Alleged Copyright Infringement 

Consider writing about:

Copyright infringement claims that the Walt Disney Co. is bringing against Google over the tech giant’s AI systems; key allegations being made by Disney; how this case compares to other IP disputes over tech companies’ choice of material to develop their generative AI models; how litigation on this issue is trending in terms of strategies, agreements, rulings, or other outcomes.

Related information:

https://www.hollywoodreporter.com/business/business-news/disney-google-cease-and-desist-letter-1236448009

Apple Faces Copyright Infringement Claims Over Training of Its AI Models 

Consider writing about:

Lawsuits against Apple over the company’s choice of material to train its AI models; what to know about the copyright infringement claims; how the lawsuits against Apple compare to copyright claims against other companies over their training of their AI systems; how those lawsuits have fared; how companies can minimize their liability in connection with their use of training materials for their AI models; or, alternatively, what other businesses or individuals should know about pursuing infringement claims amid the AI boom.

Related information:

https://www.engadget.com/ai/apple-hit-with-another-class-action-lawsuit-for-alleged-copyright-infringement-175242922.html

Congressional Legislation Takes Aim at PTAB 

Consider writing about:

A new move by Rep. Thomas Massie (R-KY) to abolish the Patent Trial and Appeal Board; rationale for doing so; what body or system would take the place of PTAB under such a scenario; additional patent system changes of note that are proposed under the Restoring America’s Leadership in Innovation Act; how RALIA compares (in substance, goals, status, and prospects for passage) to other congressional legislation aimed at changing components of the U.S. patent system; what else interested parties should be watching for from Congress on this front.

How to Confront the Problem of Counterfeits Lurking in Supply Chains [Ongoing] 

Consider writing about:

Counterfeit products or components lurking in supply chains; potential risks for companies; relevant regulations and compliance obligations; best practices for maintaining the integrity of a supply chain or for minimizing fallout after the fact.

Is a Value-Based ‘Tax’ in Patent Holders’ Future? 

Consider writing about:

Reports that the U.S. Department of Commerce is considering whether to impose on patent holders a value-based charge that some are referring to as a tax; what is known or not known regarding how the patent values and related charges would be calculated and by whom; types of patents or patent holders to whom the fee may apply; rationale for such a plan, and how a plan of this type would compare to the current system.

IP Concerns Mount Over OpenAI’s Training of Sora Tool 

Consider writing about:

Controversies surrounding OpenAI’s Sora tool; how the company is marketing this AI tool; why its use has led to intellectual property concerns; how the company has modified Sora in response to concerns; what other companies may be able to learn from OpenAI’s rollout of Sora; status of any unresolved IP claims over Sora’s use (or misuse).

Related information:

https://www.theverge.com/news/812545/coda-studio-ghibli-sora-2-copyright-infringement

https://www.npr.org/2025/10/20/nx-s1-5567119/sora-2-openai-hollywood

Trademark Protection Takeaways From Trader Joe’s Dispute With Labor Union 

Consider writing about:

A trademark infringement lawsuit that the Trader Joe’s grocery chain lodged against a labor union; what to know about court rulings in this case; where the lawsuit stands at this point; what other companies may be able to learn from this dispute as it pertains to their own labor relations and intellectual property concerns.

Related information:

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/09/08/24-720.pdf

USPTO Director Flexes Muscles: What to Know 

Consider writing about:

The significance of an Oct. 17 announcement by the director of the U.S. Patent and Trademark Office; rationale for this policy shift; when this goes into effect; whether the announcement leaves any key questions unanswered; practical guidance for patent owners and others on how best to protect their interests in the face of the USPTO director’s announcement.

Related information:

https://www.uspto.gov/sites/default/files/documents/Director_Institution_of_AIA_Trial_Proceedings.pdf

Implications of USPTO’s Proposed IPR Rules Change 

Consider writing about:

Implications of a proposed rules change by the U.S. Patent and Trademark Office regarding inter partes review; whom the proposed rules are likely to most affect and how; potential for legal challenges to the proposed changes.

Related information:

https://www.govinfo.gov/content/pkg/FR-2025-10-17/pdf/2025-19580.pdf

How a Unique Album Cued up a Trade Secret Dispute 

Consider writing about:

A recent ruling in an intellectual property dispute over Wu-Tang Clan’s one-of-a-kind album “Once Upon a Time in Shaolin;” what to know about conditions attached to the original release of the album, and its subsequent transfer and distribution; what’s next for PleasrDAO’s trade secret claims against former pharmaceutical executive Martin Shkreli.

Related information:

https://finance.yahoo.com/news/pharma-bro-martin-shkreli-sued-080918777.html

What Might Steamboat Willie Dispute Illustrate Regarding IP Rights? 

Consider writing about:

Disney’s IP claims regarding a 1928 short film and an early iteration of the company’s famed Mickey Mouse character; how Disney’s rights to the Steamboat Willie animated film and the character have evolved over the decades; current or past legal disputes involving other companies’ use of the early version of Mickey Mouse; how Disney’s trade secret claims may prevail in the face of an expired copyright; what other companies may be able to learn from Disney’s IP wrangling in terms of how to protect their own brands and intellectual property.

Related information:

https://www.hollywoodreporter.com/business/business-news/disney-sued-enforcing-rights-mickey-mouse-public-domain-1236378997

Is U.S. Government Shutdown Affecting IP-Related Processes? 

Consider writing about:

The U.S. government shutdown’s potential impacts on IP practitioners and IP-related cases; whether key entities or processes could face shutdowns of their own or related delays and backups as a result of the government shutdown; what parties to IP cases should be watching for, and whether they may need to pivot to alternate courses of action to meet deadlines or other necessary or desired objectives in the face of institutional disruption.

What to Watch for in Anthropic Copyright Infringement Case 

Consider writing about:

The latest developments in a dispute over AI developer Anthropic’s use of copyrighted materials to train its large language models; what is known about proposed settlement terms that the parties had agreed to; why a California federal judge rejected the proposed settlement earlier this month; what to watch for from the hearing scheduled for Sept. 25; how this dispute compares to other copyright infringement cases involving AI companies.

Related information:

https://www.cnbc.com/2025/09/08/judge-skewers-1point5-billion-anthropic-settlement-with-authors-in-pirated-books-case-over-ai-training.html

Takeaways From Ruling in Tech Companies’ Trade Secret Dispute 

Consider writing about:

An Aug. 12 ruling by the 9th Circuit; key points in the federal appeals court ruling in Quintara Biosciences v. Ruifeng Biztech; how the 9th Circuit’s decision stands to impact intellectual property litigation in California; additional practical implications for parties currently or potentially engaged in a trade secret dispute.

Related information:

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/08/12/23-16093.pdf

Calif. Court Hits Phillips 66 With $800M Penalty in Trade Secrets Case 

Consider writing about:

A recent ruling in a trade secrets lawsuit against Phillips 66; what to know about allegations made by biofuel manufacturer Propel Fuels; factors that contributed to the size of the damages award in this case; what lessons other companies may be able to draw from this case as regards mergers and acquisitions and strategies for protecting intellectual property in conjunction with the M&A process.

Related information:

https://www.reuters.com/sustainability/boards-policy-regulation/phillips-66-hit-with-800-million-penalty-biofuel-trade-secrets-case-2025-07-31