Who Owns the Last Second? Patents, Technology, and the Rules of College Football

By Deb Schneider

One second became a surprisingly complicated piece of technology, intellectual property and sports governance in the 2026 collegiate season opening football game between the University of Michigan and Western Michigan.

As the game ended, it appeared that Western Michigan had beat Michigan. The Wolverines’ Hail Mary sailed through the end zone, the broadcast clock hit 0:00, and Broncos players were already celebrating what would’ve been the biggest win in program history. Then the replay booth intervened and ruled that one second remained. Michigan got a second Hail Mary. This one worked. Final score: Michigan 13, Western Michigan 12, and a fan base insisting their team got robbed by a clock that no one outside of the booth could see.

Modern college football depends on a surprisingly sophisticated technological infrastructure to determine exactly when that second begins and ends. Multiple cameras capture the action. Timing systems synchronize those images. Replay technology reconstructs what happened. And proprietary software turns all of that information into evidence that officials can use to make a decision.

College football fans will fight about almost anything, but nothing starts a battle like a disputed clock. But the “clock” everyone’s watching usually isn’t a clock; it’s a product. Specifically, licensed hardware and software a conference paid a vendor to install. One of the most widely used systems by professional and collegiate games, including the Big Ten, is owned by Hawk-Eye, the Sony-owned technology company. The Hawk-Eye system uses technology that incorporates sophisticated camera systems, image processing, tracking and synchronization technologies, many of which are protected through patents and other forms of intellectual property. Other conferences use different replay providers. The Big 12 is setting up a replay center with DVSport, which has developed their own technological systems for capturing, managing and reviewing game footage, and which currently hosts the replay center for the SEC.

The NCAA establishes the framework governing the game. Conferences establish their operational procedures and license their own technology. Officials then apply rules using technological systems that may be owned by entirely different companies.

The Big Ten’s explanation for the one second being put back on the clock was that its broadcast cameras, including the one on the stadium clock, are synced via a strobe system 85 minutes before kickoff so every feed reads the same instant. According to that system, there was one second left when the ball was touched out of bounds. According to NBC’s broadcast feed, there wasn’t. Two clocks, two answers, one winner.

But the technology and the rules are two different things. Whether the NCAA can overturn a game result lies at the intersection of patent law, licensing, technology and sports governance. Regardless of if the NCAA determines that it can change the result of a played game, we now have guidance on which clock governs.

Henceforth, it has been decided that the in-stadium game clock wins.

Deb Schneider is Of Counsel to Fishman Stewart and leads the firm’s sports law practice. She is a seasoned professional and subject matter expert who simultaneously teaches sports law at multiple law schools, drawing on her extensive experience as both a chief legal officer and an outside legal consultant in the field.

Fishman Stewart is pleased to continue its support of The Engineering Society of Detroit and its TechCentury Student Writing Contest, which invites students from accredited Michigan universities who are studying engineering and related disciplines to share their ideas, perspectives, and enthusiasm for the future of the profession. As part of that commitment, Fishman Stewart is proud to sponsor the contest scholarship awarded to the top essayist, whose work will be recognized along with other leading submissions in TechCentury magazine. The 2026 contest is now open, with submissions due Friday, December 4, 2026. More information is available on ESD’s writing contest webpage. The firm’s connection to ESD is especially meaningful this year, as Fishman Stewart Managing Partner Michael B. Stewart was recently named to ESD’s esteemed College of Fellows, one of the organization’s highest recognitions of professional achievement, leadership, and service.