Intellectual Property Law and Copyright Laws

Explore critical legal challenges facing in-house counsel in 2026, from AI-driven trade secret risks and shadow AI data breaches to litigation exit strategies and the regulatory battle over prediction markets. How are these emerging issues reshaping corporate legal risk management?

Apple has filed a federal lawsuit against OpenAI, alleging systematic misappropriation of trade secrets through former employees who allegedly brought confidential hardware designs...

The Eighth Circuit's decision in Revenue Management Solutions v. Commerce Bank examines the challenges technology companies face when seeking injunctive relief for alleged misappropriation of white-labeled software products. The case explores how white-label licensing arrangements can complicate claims of irreparable harm, particularly when end users remain unaware of the original developer's identity and contractual pricing schedules make damages calculable.

Intellectual property valuation determines the monetary worth of intangible business assets like patents, trademarks, copyrights, and trade secrets. Understanding IP value is critical for licensing deals, mergers and acquisitions, financing arrangements, infringement disputes, and ownership conflicts. The three primary valuation methods—income, market, and cost—each serve different asset types and business scenarios.

The Federal Circuit's decision in VDPP v. Volkswagen establishes that patent-marking obligations extend to settlement agreements containing patent licenses, even when licensees don't admit infringement. This ruling creates new compliance burdens for patent holders who must now ensure settling parties mark licensed products to preserve pre-suit damages...

The Eighth Circuit's decision in Revenue Management Solutions v. Commerce Bank examines the challenges technology companies face when seeking injunctive relief for alleged misappropriation of white-labeled software products. The case explores how white-label licensing arrangements can complicate claims of irreparable harm, particularly when end users remain unaware of the original developer's identity and contractual pricing schedules make damages calculable.

Intellectual property valuation determines the monetary worth of intangible business assets like patents, trademarks, copyrights, and trade secrets. Understanding IP value is critical for licensing deals, mergers and acquisitions, financing arrangements, infringement disputes, and ownership conflicts. The three primary valuation methods—income, market, and cost—each serve different asset types and business scenarios.

The Federal Circuit issued several significant patent decisions this week, addressing critical questions about prior art dating, design patent infringement standards, and the scope of preliminary injunctions. These rulings clarify important procedural and substantive issues that will impact patent litigation strategy and Patent Trial and Appeal Board proceedings.

Tim Gamache, a patent agent and recent summer associate at Foley's Boston office, shares his unconventional journey from earning a PhD in neuroscience at Johns Hopkins to pursuing patent law at Northeastern University. How did his scientific background shape his decision to become a patent scientist rather than following the traditional academic path, and what insights does he offer about navigating non-linear career trajectories in the legal profession?

From digital sampling battles to AI-generated music, copyright law has consistently arrived late to technological disruption in the music industry. This examination traces landmark litigation across sampling, streaming, and artificial intelligence, revealing how rights holders have repeatedly shaped legal frameworks through strategic action rather than waiting for legislative solutions.

Share on Twitter Print Share by Email Share Back to top Internal Revenue Code Section 409(p) (Section 409(p)) imposes significant obligations on S corporation Employee Stock Ownership Plans (ESOPs) with severe penalties for noncompliance.

This comprehensive AI Reporter from Benesch's AI Commission examines the rapidly evolving landscape of artificial intelligence litigation, regulation, and business deployment. From intellectual property disputes involving major studios and AI music generators to state-level regulatory frameworks addressing data centers, employment practices, and consumer protection, the newsletter explores how courts, legislators, and policymakers are responding to AI's transformative impact.