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South Korean Supreme Court Upholds Trade Secret Verdict Against Dark and Darker Developer
South Korea's Supreme Court has finalized a ruling ordering game developer Ironmace and its founders to pay approximately $4.2 million in damages to Nexon, one of the country's largest game publishers. The April 30, 2026, decision ends a five-year legal battle over allegations that former Nexon employees took proprietary source code and game development materials with them when they left the company to create the hit dungeon-crawling game Dark and Darker. For business owners
Apr 30
11th Circuit Revives Trademark Dispute Over Frida Kahlo's Legacy
The United States Court of Appeals for the Eleventh Circuit recently reversed a lower court's dismissal of a trademark and tortious interference lawsuit involving one of the most recognizable names in art history. In Frida Kahlo Corporation v. Romeo Pinedo, the court ruled on April 17, 2026, that the case could proceed in a Florida federal court, finding that the defendants' alleged conduct, specifically sending threatening cease-and-desist letters into Florida, was sufficien
Apr 28
USPTO Gives Patent Owners New Right to Respond Before Reexamination Begins
On April 1, 2026, the United States Patent and Trademark Office announced a significant procedural change to the ex parte reexamination process. For the first time, patent owners may now submit written arguments to the USPTO before the agency decides whether to order a reexamination of their patent. The new procedure, which applies to all reexamination requests filed on or after April 5, 2026, gives patent owners 30 days and up to 30 pages to make their case that no substanti
Apr 27
Federal Court Upholds $70 Million Trade Secret Verdict in Health Care Software Dispute
A federal court in the Southern District of New York recently upheld a $70 million compensatory damages verdict in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., a trade secret case involving health care insurance software that has been litigated for more than a decade. The March 27, 2026, decision is significant because the court endorsed a flexible, fact-based approach to calculating trade secret damages, rejecting the defendant's demand for a rigid
Apr 24
Jury Awards $3.25 Million to Small Brand Owner in Trademark Fight Against Impossible Foods
On March 24, 2026, a federal jury in Texas delivered a unanimous verdict against Impossible Foods Inc., finding the plant-based meat company willfully and maliciously infringed two registered trademarks owned by endurance athlete and entrepreneur Joel Runyon. The jury awarded Runyon and his company, Impossible LLC, a total of $3.25 million in damages, consisting of $1.5 million in compensatory damages and $1.75 million in punitive damages. The case offers a striking illustrat
Apr 23
Patent Challenges Hit Historic Low: What the Decline in IPR Petitions Means for Your Business
New data from the first quarter of 2026 reveals a striking shift in the patent landscape: inter partes review (IPR) petitions filed before the Patent Trial and Appeal Board (PTAB) have dropped more than 60 percent year over year, hitting a historic low of just 131 petitions. For business owners who hold patents or are investing in patent protection, this is one of the most significant developments in years. The decline signals a fundamental change in how aggressively competit
Apr 22
Fifth Circuit Vacates $75 Million Trade Secret Award: What Business Owners Should Know About Damages Apportionment
The U.S. Court of Appeals for the Fifth Circuit recently affirmed a district court's decision to vacate a $75 million jury verdict in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C. , a case involving the alleged theft of polycarbonate manufacturing technology. The ruling sends a clear message to businesses pursuing trade secret claims: proving that your secrets were stolen is only half the battle. If you cannot clearly tie your damages to each specific trade secret that
Apr 21
Eleventh Circuit Revives Frida Kahlo Trademark Dispute: What It Means for Brand Licensing
On April 17, 2026, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of a trademark lawsuit between the Frida Kahlo Corporation and members of the iconic artist's family. The case centers on who controls the commercial rights to Frida Kahlo's name, image, and brand, and it carries important lessons for business owners who license intellectual property or rely on celebrity and artist branding as part of their business strategy. The Dispute Over Kahlo's
Apr 20
New USPTO Rule Gives Patent Owners a Voice Before Reexamination Begins
On April 1, 2026, USPTO Director Squires signed an Official Gazette Notice announcing a significant procedural change for patent owners: for the first time, patent owners will have the opportunity to argue against a third-party request for ex parte reexamination before the Patent Office decides whether to move forward with the proceeding. The new rule, effective for all reexamination requests filed on or after April 5, 2026, addresses a longstanding concern among patent holde
Apr 17
Fame Is Not Enough: What the Katy Perry Trademark Battle Teaches Business Owners About Brand Rights
In March 2026, Australia's High Court handed down a decision that sent a clear message to businesses worldwide: celebrity status alone does not guarantee trademark rights. In Taylor v Killer Queen LLC [2026] HCA 5, the court ruled 3-2 in favor of Australian fashion designer Katie Jane Taylor, upholding her registered "Katie Perry" trademark for clothing against a challenge by global pop star Katy Perry (whose legal name is Katheryn Hudson). The case, which spanned nearly two
Apr 15
Nearly 25% of Patent Office Actions Now Cite 'Secret' Prior Art: What Inventors Need to Know
A recent analysis of more than 233 million patent citation records reveals a striking trend at the U.S. Patent and Trademark Office: nearly one in four office actions now relies on prior art that was invisible to the public when the applicant filed. These references, often called "secret" or "springing" prior art, come from patent applications that had been filed but not yet published at the time the applicant submitted their own application. The finding underscores a challen
Apr 14
Courts Rule That Sharing Secrets with AI Can Destroy Trade Secret Protection
Two recent federal court decisions have put businesses on notice: sharing confidential information with public artificial intelligence tools like ChatGPT can permanently destroy trade secret protection. The rulings, issued in early 2026, are among the first to directly address the legal consequences of disclosing proprietary information to AI platforms, and they carry significant implications for any company that uses generative AI in its operations. The Trinidad v. OpenAI De
Apr 10
NCAA Sues DraftKings Over "March Madness": What Business Owners Should Know About Trademark Fair Use
The National Collegiate Athletic Association recently filed a federal trademark infringement lawsuit against DraftKings, accusing the sports betting giant of using "March Madness" and other trademarked terms to promote its wagering products without authorization. The NCAA, which holds registered trademarks for phrases like "March Madness," "Final Four," "Elite Eight," and "Sweet Sixteen," filed the suit in an Indiana federal court seeking to stop DraftKings from associating t
Apr 3
The ITC Is Opening More Patent Investigations Than Ever: What Business Owners Need to Know
The U.S. International Trade Commission has been launching more patent infringement investigations than ever before, opening probes into intellectual property disputes that have not previously been brought before the agency. This surge in activity is being driven by recent federal court decisions that have broadened who can file complaints with the ITC, making it an increasingly attractive venue for patent owners looking to block infringing products from entering the United S
Apr 3
$175 Million Trade Secrets Verdict: What the HouseCanary Case Means for Your Business
A San Antonio jury recently awarded $175 million to real estate analytics firm HouseCanary Inc. after finding that title company Amrock LLC misappropriated proprietary appraisal technology and data. The verdict, which came after a nearly four-week trial in Bexar County, Texas, marks the second time a jury has sided with HouseCanary in this long-running dispute. For business owners who rely on proprietary data, algorithms, or processes to stay competitive, the case delivers a
Apr 3


Oreo Maker Sues Aldi Over Copycat Packaging: What Business Owners Should Know About Trade Dress
Mondelez International, the parent company behind Oreo, Chips Ahoy!, and Ritz, has filed a federal trademark infringement lawsuit against discount grocery chain Aldi, alleging that Aldi's store-brand products copy the distinctive packaging and trade dress of eight major Mondelez snack brands. The case, filed in the U.S. District Court for the Northern District of Illinois, has drawn attention from brands and retailers alike as it highlights the growing legal risks of the "cop
Apr 3


What Nintendo's Rejected Patent Means for Inventors: Lessons on Obviousness and Prior Art
The United States Patent and Trademark Office recently rejected all 26 claims in a Nintendo patent that had been at the center of its legal dispute with Pocketpair, the developer of the popular game Palworld. The patent, No. 12,403,397, covered game mechanics involving summoning characters into battle in different modes. After a rare director-ordered reexamination, a USPTO examiner concluded that the claimed mechanics represented an obvious combination of ideas already presen
Apr 2


What Apple's Vision Pro Trade Secret Settlement Means for Your Business
Apple recently settled a high-profile trade secret lawsuit against a former engineer who allegedly downloaded thousands of confidential documents related to the Vision Pro headset before leaving the company to join a competitor. The case, which was filed in Santa Clara County Superior Court in mid-2025, ended in March 2026 with the engineer agreeing to return all confidential materials, pay monetary damages, and issue a public apology. While this dispute involved one of the l
Apr 1


Dupe Culture Is Booming, but Is It Legal? What Business Owners Need to Know About Trade Dress
If you have spent any time on social media lately, you have probably come across the term "dupe." Short for duplicate, a dupe is a product that closely mimics the look and feel of a more expensive brand, often at a fraction of the price. From skincare packaging that mirrors high-end labels to athletic wear that looks nearly identical to premium brands, dupe culture has exploded into a multi-billion dollar trend. But for business owners who have invested in building a distinct
Apr 1


USPTO Opens the Door to Design Patents for Virtual Reality, Holograms, and Digital Interfaces
On March 13, 2026, the United States Patent and Trademark Office (USPTO) published new supplemental guidance that significantly expands the scope of design patent protection for computer-generated designs. The updated rules eliminate a long-standing requirement that applicants include a physical display screen in their design patent drawings, opening the door for businesses to protect graphical user interfaces, icons, holograms, projections, and virtual and augmented reality
Mar 30
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