Daily Summary — May 5, 2026
Cases published today: 3 (plus 1 already published from a prior run)
- Great Bowery Inc. v. Consequence Sound — 11th Circuit vacates summary judgment, holds licensing agency may have copyright standing despite photographer’s retained collaboration rights (Copyright)
- DivX v. Amazon — E.D. Va. grants summary judgment on 4 of 5 video streaming patents; tile-based encryption patent survives for trial (Patent)
- Malone v. USPTO — 4th Circuit upholds withholding of PTAB draft opinions under FOIA deliberative process privilege; circulation to non-panel judges is lawful (Patent/FOIA)
Previously published: Enviro Tech v. Safe Foods (Federal Circuit, May 4) — already covered in prior run.
Cases Reviewed and Skipped
- TJTM Technologies v. Google (Federal Circuit, May 5) — §101 dismissal affirmed. Already published in a prior run.
- Samsung v. ZTE (UK High Court, ~May 1) — $392M FRAND determination. Already published in a prior run.
- Meta/Anthropic/OpenAI book piracy suits — New complaint filings only, no court ruling. Skipped.
- X Corp v. Operation Bluebird — Pending trademark case in D. Del., no ruling issued. Skipped.
- Janssen Pharmaceuticals v. Tolmar (Federal Circuit, May 5) — Procedural remand order only. Skipped.
- Ye copyright trial (C.D. Cal.) — Trial in progress, opening statements only. No verdict yet.
- NFLPA v. Leaf Trading Cards (E.D. Va.) — New complaint filing. Skipped.
- Al Jazeera DMCA motion (N.D. Cal.) — Pending summary judgment motion. No ruling yet.
- ABKCO/Behr “Paint It Black” — Settlement notice filed. Skipped.
Ingestion Pipeline
23 sources ingested successfully. 165 email newsletter discoveries processed (4 Tier 1, 152 Tier 2, 9 Tier 3). 105 case mentions triaged. 50 commentary leads processed. 4 Macek docket watchlist entries checked (all still pending, no decisions issued).
Courts Searched Today
| Court | Method | IP Opinions Found |
|---|---|---|
| U.S. Supreme Court | SCOTUS orders, SCOTUSblog, CourtListener | None (orders only) |
| Federal Circuit | CAFC website, CourtListener, Fed Circuit Blog, Patently-O | 2 (Enviro Tech, TJTM — both already published) |
| PTAB | Web search, CourtListener | None |
| District Courts | GovInfo, CourtListener, Law360 IP | 1 (DivX v. Amazon — published) |
| ITC | Web search | None |
| 1st Circuit | Pipeline ingestion | None |
| 2nd Circuit | Pipeline ingestion | None |
| 3rd Circuit | Pipeline ingestion | None |
| 4th Circuit | Pipeline ingestion, ca4.uscourts.gov | 1 (Malone v. USPTO — published) |
| 5th Circuit | Pipeline ingestion | None |
| 6th Circuit | Pipeline ingestion | None |
| 7th Circuit | Pipeline ingestion | None |
| 8th Circuit | Pipeline ingestion | None |
| 9th Circuit | Pipeline ingestion, CourtListener | None (Google v. Point Financial is contract, not IP) |
| 10th Circuit | Pipeline ingestion | None |
| 11th Circuit | Pipeline ingestion, ca11.uscourts.gov | 1 (Great Bowery v. Consequence Sound — published) |
| D.C. Circuit | Pipeline ingestion | None |
State Courts
State courts searched today: California, New York, Texas, Delaware, Illinois, Florida — no IP/AI opinions identified.
Foreign Courts
Foreign courts searched: UK (Patents Court, IPEC), Canada (Federal Court), Australia (Federal Court), India (Delhi HC, Bombay HC), New Zealand, Singapore, South Africa, EU/CJEU, UPC, EPO Boards of Appeal, Germany (BGH, BPatG), France (Cour de cassation, Tribunal judiciaire de Paris), Italy, Spain, Netherlands, Switzerland, Sweden, Poland, Japan (IP High Court, JPO), Korea (Supreme Court, Patent Court), China (SPC and specialized IP courts), Brazil, Mexico, Russia (IP Court) — no IP/AI opinions identified for May 5, 2026.
Macek Canadian Docket Watchlist
4 entries checked, all still pending:
- T-1728-26: Janssen Inc. v. AGC (pharma/PMNOC)
- T-3756-25: Canadian Linen v. Shah (trademark)
- Pacific Smoke v. GCore Canada (industrial design) — docket TBD
- Gavora v. Naughty Ventures (trademark) — docket TBD
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