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Intellectual Property

Intellectual Property

Tracking how courts, the USPTO, and Congress are reshaping patents, copyrights, and trademarks - enforcement, AI inventorship, and cross-border IP.

19 entries in Tech Counsel Tracker

LawSnap Briefing Updated May 11, 2026

State of play.

  • AI-generated likeness and right-of-publicity enforcement is accelerating on multiple fronts. New York's synthetic performer consent laws take effect June 19, 2026, Dua Lipa has sued Samsung for $15 million over unauthorized image use in TV packaging, and the NO FAKES Act remains pending federally — creating a compliance crunch for brands and agencies operating across jurisdictions .
  • AI training data copyright is at a doctrinal inflection point. Anthropic has argued transformative fair use for Claude's training in California federal court, while the $1.5 billion Bartz v. Anthropic class settlement — covering over 100,000 rights holders — moves toward a fairness hearing, with the outcome likely to set a damages benchmark for the field .
  • The Federal Circuit has closed the appellate door on PTAB real-party-in-interest challenges, ruling in FedEx v. Qualcomm that RPI objections are integral to the institution decision and unreviewable under § 314(d) — a structural shift in IPR strategy that requires front-loading RPI arguments before institution .
  • Cross-border AI-IP divergence is now a compliance planning problem, not a theoretical one. China, the UK/EU, and the US apply materially different standards to AI-generated outputs — with the EU AI Act binding in August 2026 — and no jurisdiction has produced settled guidance on agentic AI ownership .
  • For counsel advising technology companies, entertainment clients, or patent-heavy portfolios, the practical baseline is that AI is simultaneously reshaping the tools of IP practice (USPTO's new image search), the substance of IP doctrine (fair use for training data, synthetic performer consent), and the procedural landscape (PTAB finality), all on overlapping timelines.

Where things stand.

  • AI training data fair use remains unsettled but is generating settlement precedent. Anthropic's transformative fair use argument in California and the Bartz class settlement are the two most immediate data points; approval of the settlement could establish a damages floor that shapes every subsequent AI copyright negotiation .
  • Synthetic performer and digital replica laws are now operative at the state level. New York's Fashion Workers Act and synthetic performer disclosure laws (effective June 19, 2026) require explicit model consent and AI avatar disclaimers; California's AB 2602/AB 1836 operate in parallel; the federal NO FAKES Act is pending; and the White House's preemption push creates a potential collision with state mandates .
  • Right-of-publicity and Lanham Act enforcement is active in federal court. The Dua Lipa v. Samsung complaint — alleging copyright infringement, trademark infringement, right of publicity violations, and false endorsement over a manipulated backstage photograph used on TV packaging — tests the outer boundary of image rights in mass-market consumer goods and the damages exposure when a cease-and-desist is ignored .
  • PTAB institution finality has hardened. The Federal Circuit's precedential ruling in FedEx v. Qualcomm forecloses appellate review of RPI determinations made at the institution stage, eliminating a procedural avenue petitioners had used to challenge unfavorable outcomes .
  • Patent disclosure irrevocably forfeits trade secret protection. The Federal Circuit's ruling in International Medical Devices v. Cornell confirms that dual patent-and-trade-secret strategies on the same subject matter create litigation vulnerability — a portfolio audit trigger for medtech and any patent-heavy sector .
  • AI-generated code ownership is unresolved. Autonomous coding agents capable of producing production-ready software from user specifications are deployed commercially, but no court or regulator has determined whether ownership vests in the user, the AI developer, or neither .
  • Cross-border AI-IP divergence requires jurisdiction-specific governance. China protects AI outputs with meaningful human input; the UK and EU require human authorship; the US relies on human contribution and fair use — and the EU AI Act's August 2026 binding date adds a hard compliance deadline for multinationals .
  • USPTO has deployed AI tools across trademark examination. The beta AI-powered image search tool, a mark description generator, and the Class ACT classification automation tool are now available — supplementing but not replacing comprehensive clearance searches, particularly for design-heavy applications .
  • Federal legislative pressure is building but unresolved. The AI Foundation Model Transparency Act (H.R. 8094) imposes disclosure-only obligations on LLM developers; the Trump America AI Act discussion draft would codify federal preemption of state AI laws; over 600 state AI bills were introduced in Q1 2026 alone .
  • The Musk v. OpenAI trial is testing whether founder commitments are legally enforceable. Musk's testimony that OpenAI's nonprofit-to-for-profit conversion constituted breach of foundational commitments — with OpenAI valued at $852 billion — raises questions about the enforceability of informal founding agreements in high-stakes tech ventures .

Latest developments.

Active questions and open splits.

  • Whether AI training constitutes transformative fair use. Anthropic's California filing and the Bartz settlement are on parallel tracks — a court ruling on the fair use argument and a settlement approval could produce contradictory signals on the same conduct within weeks of each other .
  • Federal preemption vs. state synthetic performer laws. New York and California have enacted consent-based digital replica regimes; the White House preemption push and the pending NO FAKES Act create a collision course — brands complying with state law today may face a different federal standard by year-end .
  • Who owns AI-generated code. No court has resolved whether production-ready software generated by autonomous agents vests ownership in the user, the AI developer, or falls into the public domain — making IP representations in M&A and licensing transactions a live exposure .
  • RPI front-loading as IPR strategy imperative. FedEx v. Qualcomm forecloses appellate correction of PTAB RPI determinations — the open question is how aggressively patent owners will now press RPI objections pre-institution and whether PTAB will develop more rigorous pre-institution RPI procedures in response .
  • Patent-vs.-trade-secret dual protection viability. International Medical Devices v. Cornell confirms that patent disclosure forfeits trade secret status under California's UTSA — but the split on trade secret identification requirements under the DTSA in federal courts remains active, and the interaction between federal DTSA standards and state UTSA applications is unsettled .
  • Cross-border AI-IP governance gap for agentic systems. China, UK/EU, and US apply materially different standards to AI-generated outputs; no jurisdiction has produced guidance on agentic AI specifically; and the EU AI Act's August 2026 binding date creates a hard compliance deadline that may force multinationals to implement governance frameworks before doctrine is settled .
  • Lanham Act false endorsement scope in digital manipulation cases. The Dua Lipa complaint tests whether manipulating and redistributing a celebrity's owned photograph in product packaging — without any licensing relationship — constitutes actionable false endorsement, and what damages theory (profits, statutory, or actual) governs when a cease-and-desist is ignored .

What to watch.

  • The May 14, 2026 Bartz v. Anthropic fairness hearing — approval or rejection will set the damages reference point for AI copyright settlements and signal how courts will treat the fair use argument in parallel litigation.
  • New York's June 19, 2026 effective date for synthetic performer consent laws — expect enforcement guidance from the Department of Labor and early compliance disputes from brands that have already deployed AI avatars.
  • The EU AI Act's August 2026 binding date — the first binding multilateral AI regulation, with €15 million penalty exposure for non-compliant AI-altered content labeling.
  • Samsung's response in the Dua Lipa litigation — the defense theory (third-party licensing, fair use, or consent) will define the litigation posture for celebrity image manipulation cases in the consumer electronics sector.
  • Whether Congress formally introduces the Trump America AI Act or advances H.R. 8094, and whether either bill addresses copyright liability for AI training data in a way that preempts the pending fair use litigation.
  • PTAB's procedural response to FedEx v. Qualcomm — whether the board develops more rigorous pre-institution RPI procedures now that appellate correction is foreclosed.

19 Contributing Entries

Brands Warn as Creators Flood TikTok Shop with AI Avatar Affiliate Videos

TikTok Shop is being flooded with AI-generated product demonstrations, fake creator personas, and duplicate avatars that are undercutting human creators and eroding consumer trust. Merchants and affiliate creators are using TikTok's built-in AI tools to mass-produce makeup tutorials, clothing reviews, and product showcases without holding inventory—a low-cost strategy that prioritizes algorithmic reach over authenticity. Some operators have deployed synthetic personas, including a fabricated Black creator named "Aliyah," to sell dropshipped goods from retailers like Shein, exploiting algorithmic biases that reward emotional connection to creators.

Apple sues OpenAI and two ex-employees for stealing trade secrets to build AI hardware

Apple sued OpenAI and two former Apple employees on Friday, July 10, 2026, in the U.S. District Court for the Northern District of California, alleging coordinated theft of trade secrets to accelerate OpenAI's consumer hardware development. The complaint names Chang Liu and Tang Tan as defendants and accuses OpenAI of orchestrating a campaign to recruit Apple staff and extract confidential project information, including technical drawings and component specifications. Apple alleges that Tan, while still employed there, used insider knowledge of confidential projects to extract proprietary information from job candidates during OpenAI interviews before his departure.

Fastcase Sues Alexi Over Unauthorized AI Training Using Licensed Case Law

Fastcase Inc., the legal research platform owned by Clio, sued Canadian AI company Alexi Technologies Inc. in federal court in Washington, D.C. on November 26, 2025, alleging breach of a 2021 data license agreement. Fastcase claims Alexi used licensed case law to train commercial generative AI models and display full-text decisions to users—uses explicitly prohibited under the original contract's "internal research purposes" restriction. The agreement permitted Alexi's staff attorneys to prepare client memoranda using the data, not to build a public, competing legal research platform. Fastcase seeks an injunction requiring Alexi to destroy both the datasets and the AI models trained on them, treating the model weights as infringing derivative works.

UN releases 2026 International AI Safety Report warning of enormous benefits and existential risks

The United Nations released the International AI Safety Report 2026, a comprehensive assessment concluding that advanced artificial intelligence presents both transformative opportunities and escalating dangers. The report, led by the UN agency for digital technology, finds that AI can accelerate development in health, education, and financial services in developing nations while simultaneously enabling cyberattacks, deepfake fraud, non-consensual intimate imagery, and biological weapon design. The core finding: AI capabilities in critical fields like biological research are advancing faster than governance frameworks, creating a dangerous gap between what is technologically possible and what remains safe.

Apple Sues OpenAI and Hardware Chief Tang Tan for Alleged Trade Secret Theft to Build Competing Devices

Apple filed a federal lawsuit on July 10, 2026, alleging that OpenAI and its chief hardware officer Tang Tan orchestrated a systematic campaign to steal confidential trade secrets related to unreleased Apple products. According to the complaint, OpenAI encouraged former Apple employees and job candidates to share components, drawings, and internal product information to accelerate OpenAI's own hardware development efforts.

Apple sues OpenAI, alleging coordinated trade secret theft for AI hardware

On July 10, 2026, Apple filed a federal lawsuit in the Northern District of California against OpenAI, former Apple executives Tang Tan and Chang Liu, and io Products, LLC, alleging a coordinated scheme to steal trade secrets and accelerate OpenAI's entry into consumer hardware. The complaint accuses OpenAI of systematically acquiring confidential Apple information—including product designs, manufacturing processes, and supply chain strategies for the iPhone, Apple Watch, and MacBook—to build competing AI devices.

Apple Sues OpenAI for Trade Secret Theft Over AI Hardware Plans

Apple sued OpenAI on July 10, 2026, in federal court in California, alleging the AI company systematically stole trade secrets to build competing consumer hardware and AI devices. The complaint names OpenAI's Chief Hardware Officer Tang Tan and two former Apple employees, accusing them of a coordinated scheme to recruit Apple staff and direct job candidates to bring proprietary components, prototypes, and engineering documents to interviews. Apple seeks damages, injunctions, and an order prohibiting OpenAI from using the stolen information.

DOJ Establishes AI Litigation Task Force as Courts Adapt AI Discovery Tools

The Department of Justice announced the establishment of an Artificial Intelligence Litigation Task Force on January 9, 2026, formalizing AI's role in federal legal operations. The Task Force will oversee how the DOJ integrates AI into litigation workflows, marking an institutional shift from experimental adoption to regulated practice. The move reflects broader industry momentum: legal technology firms including Esquire Solutions, Baker Botts, and Lexis+ AI are now advising law firms on AI-assisted discovery and technology competence as standard practice rather than competitive advantage.

Apple Sues OpenAI for Trade Secret Theft Amid Hardware Partnership Rupture

Apple sued OpenAI on Friday, July 10, 2026, alleging that the AI company orchestrated the theft of trade secrets related to unreleased Apple hardware. The complaint names OpenAI, CEO Sam Altman, and two former Apple employees who allegedly retained system access after joining OpenAI and shared confidential product specifications, component designs, and technical drawings. Apple contends OpenAI used this material to accelerate development of competing AI devices.

Journalists Exposed to AI News Schemes Requiring Human Name Signatures on AI-Generated Summaries

AI news platforms are pressuring journalists to attach their bylines to machine-generated story summaries they did not write. These platforms use automated "content scaling agents" to produce AI-generated summaries of varying lengths, then ask human writers to sign the synthetic outputs—effectively lending their credibility to algorithmic work without typically disclosing the AI's role to readers. The practice has been characterized as an "invasion of the byline snatchers," forcing journalists to validate work they did not author and violating the fundamental journalistic principle that bylines serve as accountability measures for editorial authority.

RIAA-IFPI Coalition Launches Program to Tag AI and AI-Assisted Songs on Streaming Platforms

The Recording Industry Association of America and the International Federation of the Phonographic Industry have announced a labeling program requiring streaming platforms to tag songs as either "AI-generated" or "AI-assisted." The initiative, backed by major record labels and artist representatives, aims to signal to listeners whether a track was created entirely by artificial intelligence or whether AI served as a tool for human artists. The move follows the RIAA's 2024 copyright infringement lawsuits against AI music services Suno and Udio for training their models on unlicensed recordings.

MedCity News Spotlights AI Health Tech’s Patent, FDA, and HIPAA Tradeoffs

Healthcare AI developers face a three-front legal challenge that requires coordinated planning from product inception, not sequential problem-solving after development. Patent counsel, FDA regulators, and HIPAA compliance teams must align on strategy before the first commercial release, according to a MedCity News analysis. The core tension is structural: companies must lock down product specifications early enough for FDA review while maintaining the technical flexibility that makes AI valuable, document human inventorship to satisfy patent law, and design data systems that support model monitoring and retraining without violating privacy rules.

Australia Mandates AI Data Centers Fund Power Generation and Water Infrastructure

On July 15, 2026, Australian Prime Minister Anthony Albanese announced a mandatory national framework requiring large-scale artificial intelligence data centers to fund new power generation and water infrastructure. The government will legislate these standards by early 2027, marking a sharp reversal from its previous hands-off approach to AI regulation. The framework targets hyperscale facilities and AI computing centers while exempting small-scale edge computing operations.

WIPO data show China dominating global generative AI patent filings

China dominated global generative AI patenting from 2014 to 2023, accounting for more than 38,000 patent family publications—roughly 70 percent of worldwide filings in that period. The World Intellectual Property Organization released this data in July 2026. Tencent, Ping An Insurance Group, and Baidu led Chinese filers. The United States ranked second with 6,276 filings, meaning China filed approximately six times as many GenAI patents as its nearest competitor over the nine-year window.

China's Z.ai GLM 5.2 Model Narrows Gap with OpenAI, Anthropic at 80% Lower Cost

China's Zhipu released GLM 5.2, an open-weights AI model that matches Anthropic's Opus 4.8 on coding and agentic benchmarks while costing roughly one-fifth as much. The release coincided with President Xi Jinping's public endorsement of open-weights AI as a strategic counterbalance to U.S. dominance. The timing is significant: Anthropic voluntarily disabled access to its two most advanced systems on June 25 following a U.S. government restriction request, and Zhipu filled the resulting gap two weeks later. By early July, six of the top ten AI models on global leaderboards originated from China.

Former SDNY Cybercrime Chief Dina McLeod Joins Bracewell as Partner

Bracewell LLP has hired Dina McLeod as a partner in its New York government enforcement and investigations practice. McLeod, who spent 11 years at the U.S. Attorney's Office for the Southern District of New York, most recently served as chief of the Complex Frauds and Cybercrime Unit. In that role, she oversaw investigations and prosecutions involving white-collar crime, cybercrime, AI-related fraud, cryptocurrency schemes, digital assets, money laundering, securities fraud, trade secrets theft, tax fraud, healthcare fraud, bankruptcy fraud, FCPA violations, and national security cyber cases.

Enterprise buyers are standardizing AI contracts around tighter data, IP, and renewal terms

Enterprise buyers, AI vendors, and system integrators are converging on a recognizable contract template for AI services. The emerging standard includes shorter terms (often capped at 12 months), no automatic renewals, customer-controlled pilots, strict limits on data use for training, explicit output ownership, and tighter indemnity and audit provisions. The shift reflects a market-wide negotiation playbook rather than a single deal or regulatory mandate, though compliance frameworks like the EU AI Act and NIST are being mapped into contract language to define risk and governance obligations.

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