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:
Consider writing about:
Provisional patent applications; what they consist of; how they work; and their role in the patenting process. What are the pros and cons of filing a provisional application? What situations are they best suited for, and what potential pitfalls should someone be aware of before filing a provisional application?
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Actions by China’s courts relating to artificial intelligence and intellectual property; what AI developers, IP owners, and others should know about the evolving legal landscape in China and what it means for patents, copyrights, or other IP matters affected by artificial intelligence.
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An Office Action by the United States Patent and Trademark Office; when the USPTO issues such letters; differences between non-final and final Office Actions; how to respond in either instance (or alternatively or additionally, how to recognize potential issues that might lead to a USPTO Office Action before the fact, and how to act accordingly).
Related information:
https://www.uspto.gov/trademarks/maintain/responding-office-actions
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The 3rd U.S. Circuit Court of Appeals’ recent ruling in Thomson Reuters v. ROSS; basis for the court’s rejection of the defendant’s fair-use argument in this case; in what way the federal appeals court decision marks a first-of-its-kind ruling; what the ruling may or may not mean for intellectual property disputes over the use of artificial intelligence; practical guidance on fair use.
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The Patent Eligibility Restoration Act; key goals of this legislation; how U.S. patent law could change under PERA; any recent developments involving wrangling over this legislation; why healthcare has become an issue in push-back against this bill; who stands to gain or lose if Congress approves the Patent Eligibility Restoration Act.
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Recent or otherwise interesting developments involving non-practicing entities; what to know about NPEs’ formation, operations, main functions, history, and evolution; what role they fill in the patent system; how they operate under the law; rulings of note involving NPEs, and related practical guidance.
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Congressional legislation that would require Internet service providers and other network operators to block foreign piracy websites; current status of the legislation and its prospects for passage; who stands to face the most consequential obligations or liability risks under this legislation, should it become law; arguments being made for or against the legislation; how site-blocking attempts in other countries have performed.
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A nearly $6 billion jury verdict against Apple in a patent infringement case; technology at issue in this case; significance of the jury’s finding that the infringement in this case was not willful; impact of expert evidence in this case; how third-party funding played a role in this high-stakes IP dispute.
Related information:
https://www.engadget.com/2269826/apple-hit-with-a-57-billion-verdict-for-alleged-patent-infringement
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The UK Supreme Court’s July 27 ruling in Tesla v. InterDigital; key issues in this case; what this ruling means for standard-essential patents; next steps in the Tesla v. InterDigital dispute; what to watch for as this case proceeds through the courts.
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A Sept. 1 ruling by the D.C. Circuit regarding repairs of medical devices; basis for the federal appeals court’s ruling; what the ruling means for medical device manufacturers and others; what to know about the Library of Congress’ role in this dispute; what the D.C. Circuit’s decision means for the Library of Congress’ authority; related trends involving right-to-repair claims and exemptions under the Digital Millennium Copyright Act.
Related information:
https://media.cadc.uscourts.gov/opinions/docs/2026/09/25-5328-2190869.pdf
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An investor lawsuit against Apple directors and officers over copyright risks involving the training of AI models; key points in the lawsuit; whether other tech companies are facing derivative lawsuits over potential copyright infringement stemming from their work on AI development; practical guidance on corporate defenses against shareholder derivative claims.
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A Christian metal band’s trademark infringement lawsuit against Netflix over the hit movie KPop Demon Hunters; key allegations in the lawsuit; what to know about pressing (or, conversely, defending against) claims of likelihood of consumer confusion.
Related information:
https://www.cbc.ca/news/entertainment/demon-hunter-law-suit-9.7314647
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A revised trademark law set to take effect in China as of Jan. 1, 2027; main emphases of the drive to revise the country’s trademark law; how this upcoming law compares to prior drafts; whom or what processes, rights, protections, or remedies will be most affected by changes made under the new law; how significant the changes are overall; how interested parties can keep abreast of future developments on this front, including any official guidance or other pronouncements of note.
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The perennial problem of scammers impersonating the U.S. Patent and Trademark Office in an attempt to defraud their targets; repeating or emerging scams of this sort that businesses or individuals should be aware of; common methods used by fraudsters who use USPTO-type communications or other intellectual property details in an attempt to set up a convincing lure; what scammers hope to gain from these IP-related ploys; how businesses or individuals can avoid falling prey to these fraud schemes.
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Intellectual property concerns that may arise over the embedding of third-party content; types of content commonly at issue in these scenarios; rights or risks to know about; any related court cases dealing with such matters; IP best practices for businesses interested in availing themselves of third-party content.
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The Federal Circuit’s precedential ruling in Ollnova Technologies Ltd. v. ecobee Technologies ULC; key issues regarding jury instructions and a verdict form; what’s next for the Gilnova v. ecobee dispute; wider-ranging ramifications for other patent infringement cases.
Related information:
https://www.cafc.uscourts.gov/opinions-orders/25-1045.OPINION.6-4-2026_2704652.pdf
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A nearly $24 million victory for artisanal ice cream maker Van Leeuwen in a trade dress dispute with a competing food company; factors contributing to the large monetary jugment in this case; what this case may illustrate regarding the reach of trade dress protection; additional guidance for parties to a trade dress dispute on related rights, best practices, and potential paths to a hoped-for outcome.
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The Federal Circuit’s July 27 ruling in Board of Regents of the University of Texas System v. Boston Scientific Corp.; basis for the court’s vacating of a jury’s $42 million patent infringement verdict; practical takeaways from the Federal Circuit ruling.
Related information:
https://www.cafc.uscourts.gov/opinions-orders/24-2062.OPINION.7-27-2026_2728460.pdf
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Apple’s trade secret lawsuit against OpenAI. Among the possible points to explore: key challenges for either side in this dispute; what to watch for as this case proceeds; how the AI sector is fueling high-stakes IP disputes; how employers can best avoid finding themselves on either side of a dispute that involves the kinds of IP allegations at issue in the Apple-OpenAI case; practical guidance regarding pursuing a case under the Defend Trade Secrets Act (or, conversely, potential liability under the DTSA), and/or regarding internal security, departing employees, third-party risk, internal investigations, and more.
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Your choice ef top intellectual property developments as of the midpoint of this calendar year, whether they be court rulings, jury verdicts, settlements, lawsuits, legislation, or emerging hot-button issues or trends of note, whether on a broad scale or focusing on a specific industry, region, or type of intellectual property.
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Intellectual property issues that tend to arise in conjunction with franchise operations; common pitfalls to be aware of, on either side of the franchisee-franchisor relationship; best practices as regards negotiations, contracts, or other documentation; any recent or otherwise noteworthy disputes that might illustrate your points regarding trade secrets, trade dress, infringement claims, restrictive covenants, or other matters.
Consider writing about:
The Federal Circuit’s May 28 ruling in Insulet Corp. v. EOFlow Co.; basis for the overturning of a $59 million damages award; what this ruling potentially means for legal actions taken under the Defend Trade Secrets Act; additional practical guidance regarding protection of intellectual property, especially in the context of potential hazards involving former employees.
Related information:
https://www.cafc.uscourts.gov/opinions-orders/25-1807.OPINION.5-28-2026_2700697.pdf
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A lifestyle influencer’s lawsuit against a lingerie company over its alleged AI-generated deepfake image of her; key allegations against the company; what this lawsuit demonstrates regarding potential pitfalls for either companies or individual influencers with whom they partner; how companies and individuals should be thinking about contract terms and related business objectives in our AI era.
Related information:
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A music-related gag on the final episode of The Late Show. Although deliberately played for laughs, this headline-generating maneuver could still serve as a useful reminder regarding IP protections involving music and the need for valid licensing agreements. How can rights holders protect their interests in these sorts of cases, and when do infringers sometimes cross a line (either knowingly or unknowingly)?
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A report recently released by the Office of the United States Trade Representative regarding U.S. trading partners’ protection and enforcement of intellectual property rights; key findings noted in the report; related investigations into specific countries’ actions as a follow-up to the report findings; practical takeaways from the report as regarding possible threats to companies’ IP rights and what they should be alert to.
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A midyear review in the weeks ahead, looking at significant actions by the United States Patent and Trademark Office for the first half of 2026. What stands out to you, whether in terms of individual USPTO actions or continuing or emerging trends involving the USPTO? What should IP owners or practitioners be paying attention to right now?
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Recently introduced congressional legislation that would bar entities on federal national security watchlists from obtaining or enforcing U.S. patents; what to know about the Prohibiting Adversarial Patents Act of 2026 and the Foreign Adversary Patent Disclosure Act, the legislation’s status, and prospects for passage; what this legislation could mean for IP rights and the patent system; potential risk of retaliation by China or other countries.
Related information:
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Marketing-related do’s and don’ts in the run-up to the World Cup and during the matches; intellectual property reminders, practical pointers, or clarifications regarding any common misunderstandings or missteps regarding the use of particular phrases or other actions; possible cautionary tales or other applicable IP lessons from past World Cups or other major sporting events.
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Your choice of recent or otherwise significant developments on the “right to repair” front, such as noteworthy settlements, FTC actions, congressional measures, state legislation, or other matters of note. What stands out to you about recent developments? Are significant trends emerging across jurisdictions? What else should the business community know about “right to repair” disputes or other developments, and how should businesses be thinking about their their IP rights and priorities amid continuing interest in “right to repair” issues?
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The U.S. International Trade Commission; its functions, jurisdiction, and powers; its role in infringement investigations; any recent noteworthy ITC actions; advantages of pursuing remedies via the ITC; practical tips on navigating the ITC and its processes.