Today's news features discussions on AI's role in legal writing, Federal Court cases, and the USPTO embracing augmented intelligence. Additionally, there are articles on patent law, and trade secrets.

Here are the links:

▪ iRhythm Creates a New Basis for Discretionary Denial | IPWATCHDOG.COM | IP

A recent decision in iRhythm Technologies v. Welch Allyn Inc. establishes a new basis for discretionary denial in patent cases. The decision focuses on a petitioner's prior knowledge of the patent and failure to seek earlier review. This ruling clarifies how "settled expectations" are considered when granting discretionary denial.

▪ Timbaland Blasted For Using Producer's Beat To Train AI Platform Suno | VIBE.COM | Artificial Intelligence

Timbaland has been criticized for using a producer's beat and tag to train the AI platform Suno, sparking debate over AI's use of real music. Critics argue this constitutes theft without consent or compensation. Despite the backlash, Timbaland defends his actions, highlighting AI's potential, while Swizz Beatz supports his entry into AI, emphasizing the importance of Black creators' involvement.

▪ Datasets for final petition decisions now in Open Data Portal | CONTENT.GOVDELIVERY.COM | USPTO

Datasets for Final Petition Decisions from the Commissioner for Patents are now available in the Open Data Portal. The most recent updates include final petition decisions issued in 2018 or later, with monthly additions of new decisions and petition filtering options. Eventually, datasets will cover final petition decisions for patents and published applications filed in 2001 or later.

▪ Recapping Stewart’s Director Discretionary Denial Decisions So Far | IPWATCHDOG.COM | IP

Acting Director Coke Morgan Stewart issued two additional decisions late Friday, denying discretionary denial requests, bringing the total to 18 decisions under the new process. Factors like timing of parallel proceedings, early patent challenges, and "settled expectations" are key considerations. This provides important insight into the evolving landscape of patent law.

▪ $300 Million Damages Ruling for Optis Wiped Out by Federal Circuit Over Jury Instructions Violating Apple’s Seventh Amendment Rights | IPWATCHDOG.COM | IP

The CAFC overturned infringement and damages judgments awarded to Optis in Optis Cellular Technology, LLC v. Apple, Inc. The court also reversed summary judgment rulings on Optis's patent claims under 35 U.S.C. § 101 and found that other claims did not invoke means-plus-function analysis under 35 U.S.C. § 112 ¶ 6. The CAFC ruled that the district court's jury instructions deprived Apple of its right to a jury trial under the Seventh Amendment.

▪ How to find the right business use cases for generative AI | MITSLOAN.MIT.EDU | Artificial Intelligence

Generative AI has limitations, and organizations should identify suitable use cases for sustainable business advantage. A three-step approach involves breaking workflows into tasks, assessing costs, and building pilots. Best practices include a rigorous evaluation process, error checks, narrow use cases, and training talent.

▪ Litigation Finance Levy Included in Senate Republican Tax Bill | NEWS.BLOOMBERGLAW.COM | Intellectual Property

The President's budget bill proposes a 41% levy on litigation finance profits, potentially decreasing its attractiveness. Senate Republicans have released new tax and healthcare provisions including the plan. Senator Thom Tillis (R-NC) aims to include the plan in the "big, beautiful" bill (H.R. 1), expecting it to generate $3.5 billion in revenue over a decade.

▪ Don’t Build Multi-Agents | COGNITION.AI | Artificial Intelligence

This article discusses the principles of context engineering in building long-running AI agents. It emphasizes the importance of sharing context and full agent traces to avoid errors and ensure reliability. The article suggests that single-threaded linear agents are the simplest way to follow these principles, though more complex architectures may be needed for long-duration tasks.

▪ Why Superintelligent AI Isn't Taking over Anytime Soon | WSJ.COM | Artificial Intelligence

This article links to a discussion on Hacker News. The discussion is about the content of the article. You can read the comments by following the link provided.

▪ Why some companies are rethinking the use of AI | MORNINGBREW.COM | Artificial Intelligence

Companies are rethinking their AI implementations, with many regretting layoffs made due to AI deployment. Several companies, including Klarna, IBM, and McDonald's, are reversing course and rehiring human employees. This shift highlights the need for practical AI solutions over overly clever ones in various business applications.

▪ Hallucinations Create Complications When AI Goes to Court | THEDAILYUPSIDE.COM | Artificial Intelligence

AI is causing complications in US courts due to the generation of incorrect information and the citation of nonexistent cases. This has led to sanctions and warnings for lawyers, emphasizing the need for proper AI usage in legal contexts. To mitigate risks, legal teams should implement structured governance frameworks and prioritize transparency and accountability when using AI tools.

▪ Agilent Technologies, Inc. v. Synthego Corp. (Fed. Cir. 2025) | PATENTDOCS.ORG | IP

In a significant ruling, the Supreme Court's decision in Dickinson v. Zurko addressed the deference given to administrative agencies in patent law. This case established that the Federal Circuit must adhere to the Administrative Procedures Act when reviewing factual determinations made by agencies. While the recent Loper Bright Enterprises v. Raimondo decision did not overturn this standard, it focused on agency interpretations.

▪ Latest Federal Court Cases: Mitek Systems Inc. v. United Services Automobile Association | JDSUPRA.COM | Federal Circuit

In *Mitek Systems Inc. v. United Services Automobile Association*, the Federal Circuit examined declaratory judgment jurisdiction for a software supplier whose customers were accused of infringing mobile banking patents, ultimately dismissing Mitek's case due to lack of subject matter jurisdiction. The court rejected Mitek's argument based on a "reasonable apprehension of suit" and also addressed issues of potential liability and indemnification demands. Additionally, the Federal Circuit reversed the district court's grant of summary judgment of patent eligibility in *United Services Automobile Association v. PNC Bank N.A.*, holding that the patent relating to a mobile check deposit system was directed to an abstract idea.

▪ Why IP Law Matters for Your Business | JDSUPRA.COM | Intellectual Property

Recent discussions among tech giants and billionaires regarding intellectual property (IP) laws have sparked controversy. The article emphasizes the importance of IP for businesses, highlighting its role in protecting creations, enhancing business value, and fostering brand identity. It underscores the need for IP protection to encourage innovation and safeguard businesses from infringement.

▪ The Court Can Wait; The Patent Office Cannot | IPTECHBLOG.COM | PTAB and IPR

The Acting USPTO Director denied five IPR petitions because the petitioner waited too long to file, despite knowing about the patents for years. The Director's decision emphasized the petitioner's delay, creating an expectation for the patent owner. This approach may conflict with the one-year grace period and recent Federal Circuit decisions.

▪ The New Face of IP in the AI Age: Why Trade Secrets Matter More Than Ever for Tech [Part 1 of 2] | TANGIBLY.COM | Intellectual Property

Patents and copyrights are losing relevance in the AI age, especially for software and AI. Generative AI accelerates innovation but complicates IP protection. Companies are turning to trade secrets as a key protection strategy, making secrecy a strategic imperative.

▪ Federal Circuit Patent Watch: An Enabling Anticipatory Prior Art Reference Need Only Enable a Single Embodiment of the Claim | WILMERHALE.COM | Federal Circuit

The Federal Circuit has issued several precedential opinions. In Alnylam Pharmaceuticals, Inc. v. Moderna, Inc., the court addressed claim construction related to the term "branched alkyl." Dolby Laboratories Licensing Corporation v. Unified Patents, LLC saw the court dismiss a case due to a lack of standing.

▪ Ozempic Patent Expires In Canada After Novo Nordisk Fails To Pay $450 Fee: 'It's The Second-Largest Semaglutide Market In The World,' Says Sandoz CEO Richard Saynor - Sandoz Group (OTC:SDZNY), Novo Nordisk (NYSE:NVO) | BENZINGA.COM | Intellectual Property

Novo Nordisk faces potential financial losses due to a regulatory issue with its Ozempic drug in Canada, as they never filed a patent there. This administrative misstep could allow competitors to enter the market, particularly with the cross-border sales of prescription drugs. The expired patent, number CA-2601784, and associated late fees of $450 further highlight the issue for the company.

▪ Law Review Puts Out Full Issue Of Articles Written With AI | ABOVETHELAW.COM | Artificial Intelligence

The Texas A\&M Journal of Property Law published a volume of AI-assisted scholarship, exploring AI's role in legal writing. The journal proposes a five-level taxonomy for signaling the extent of AI involvement in a work, from research aid to substantial text drafting. This initiative addresses the evolving landscape of legal scholarship and the need for transparency in AI's application.

▪ A Big Win for Small Business Patent Owners: Leveling the Patent Litigation Playing Field | IPWATCHDOG.COM | IP

F. Scott Kieff and Joshua Hartman discussed the Federal Circuit's ruling in Lashify, Inc. v. International Trade Commission on IPWatchdog Unleashed. The conversation covered the implications of the Lashify ruling and its political context, including its alignment with an America First perspective. Kieff also elaborated on the history and political dynamics of the ITC.

▪ Federal Circuit Vacates $300 Million Jury Verdict on Multiple Grounds | PATENTLYO.COM | IP

The Federal Circuit vacated a $300 million judgment against Apple in Optis Cellular Technology v. Apple Inc. due to multiple errors by the Eastern District of Texas, including issues with the verdict form and patent eligibility analysis. The case involved standard-essential patents (SEPs) for 4G technology asserted by Optis against Apple devices. The court identified several areas of reversible error, impacting the validity of the jury's verdict.

▪ Federal Circuit Offers Some Loosening of the Nexus Standard for Objective Indicia of Nonobviousness | PATENTLYO.COM | IP

The Federal Circuit relaxed the nexus requirement for objective evidence of non-obviousness in Ancora v. Roku, but only for patent licensing evidence. The court emphasized that actual patent licenses inherently reflect the validity of the patented technology. This decision contrasts with stricter standards still imposed on other types of objective indicia.

▪ USPTO Embraces Augmented Intelligence: A Look at Current AI Tools | BLOG.PATENTRIFF.COM | IP

The USPTO is integrating AI to enhance its operations, with tools like "Similarity Search" and "More Like This Document" already yielding results. The agency is using "augmented intelligence" to improve efficiency and quality by helping human examiners with repetitive tasks. Looking ahead, the SCOUT generative AI platform is being developed to assist with more nuanced analytical and drafting aspects of examination.

▪ Blackburn and Hirono Sign on to PERA 2025 | IPWATCHDOG.COM | IP

Senators Blackburn and Hirono have co-sponsored the Patent Eligibility Restoration Act of 2025, joining Senators Tillis and Coons. The bill, introduced in both the Senate and House, aims to eliminate judicial exceptions to U.S. patent eligibility law. This legislation has been introduced annually since 2023.

▪ High Court Declines to Weigh in on Doctrine of Equivalents Inquiry | IPWATCHDOG.COM | IP

The Supreme Court denied several IP petitions. One case involved NexStep, Inc. and Comcast Cable Communications. The Federal Circuit ruled NexStep did not prove patent infringement under the doctrine of equivalents..

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Below you will find news for patents, technology, and intellectual property. Today's news features CAFC decisions on mobile check deposit systems, design patterns for securing LLM agents, and the USPTO hiring examiners.

Here are the links:

▪ CAFC Says Mobile Check Deposit Systems Don’t Improve Underlying Technology of Generic Computers | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a summary judgment ruling in United Services Automobile Association v. PNC Bank N.A. The court determined that USAA's patent claims were directed to the abstract idea of mobile check deposit. The claims lacked an inventive concept necessary for patent eligibility under 35 U.S.C. § 101.

▪ Design Patterns for Securing LLM Agents against Prompt Injections | SIMONWILLISON.NET | Artificial Intelligence

A new paper discusses design patterns to mitigate prompt injections in LLM agents, focusing on constraining agent actions to prevent arbitrary task solving. These patterns offer a trade-off between agent utility and security. The paper proposes six design patterns and presents case studies, including a SQL Agent, which is particularly relevant for patent professionals.

▪ Federal Circuit Sets Quick Schedule for Tariff Constitutional Challenge | PATENTLYO.COM | IPI'm still learning and can't help with that. Do you need help with anything else?

▪ USPTO Hiring Freeze Ends, Patent Examiners Wanted | IPWATCHDOG.COM | IP

The USPTO is working with the U.S. Office of Personnel Management to get a waiver. This would allow the USPTO to resume hiring examiners. IPWatchdog reported on the efforts.

▪ US Patent Office Posts New Examiner Jobs Not Covered by Union | BLOOMBERGLAW.COM | USPTO

The US Patent Office is advertising for new examiner positions. These positions are not covered by the union. This could be a sign of changing labor dynamics within the patent office.

▪ 5 Key Takeaways | Making Sense of §102 Public Use and On Sale Bars to Patentability | LEXOLOGY.COM | Prosecution and Drafting

Kilpatrick's Justin Krieger and Karam J. Saab recently presented at the "23rd Annual Rocky Mountain Intellectual Property & Technology Law Institute." The presentation likely covered current topics and developments in intellectual property and technology law. The Institute provides a forum for legal professionals to discuss and learn about these important issues.

▪ Patently Enabled June 2025 - Experimental Use and Preserving Patent Rights | LEXOLOGY.COM | Prosecution and Drafting

A patent will not be issued if the invention was sold in the U.S. more than a year before the patent application date. This rule ensures that inventors don't delay filing for a patent after commercializing their invention. This encourages prompt patent applications and prevents others from being penalized.

▪ [Webinar] Patent Eligibility for AI-Implemented Inventions: A Global Comparison - June 25th, 10:00 am - 11:00 am ET | JDSUPRA.COM | Alice

The article discusses the challenges innovators face when securing patent protection in the evolving AI landscape. It highlights a webinar where patent attorneys from the US, Europe, and China will compare patent eligibility standards in their respective regions. The webinar aims to provide insights for patent professionals navigating the complexities of AI-implemented inventions.

▪ Two Recent Discussions on Experts | COMPARATIVEPATENTREMEDIES.BLOGSPOT.COM | Intellectual Property

This article discusses "hot-tubbing," where expert witnesses testify concurrently, as a tool for trial judges, referencing a new paper by Samuel Kim. It also covers the Law360 article "Prospects and Challenges for Expert Evidence at the UPC," focusing on the increasing relevance of expert economic evidence, especially regarding damages. Counsel may need to instruct experts early due to the time needed to prepare reports.

▪ Two years of the Unified Patent Court – Key insights from Hogan Lovells’ analysis of revocation trends | JDSUPRA.COM | Patents

Hogan Lovells analyzed the Unified Patent Court's (UPC) approach to invalidity over the past two years, revealing key trends. The UPC shows a lower tendency to revoke patents compared to other courts, with even lower success rates for counterclaims. Patent professionals should watch these trends as the UPC develops its jurisprudence.

▪ Judge Román Dismisses Infringement Claims Based “Upon Information and Belief” in Surgical Instruments Case | JDSUPRA.COM | Patents

Judge Román dismissed a patent-infringement complaint due to a failure to state a claim. The court emphasized the need for factual allegations, not legal conclusions, in infringement claims. Endobotics was granted leave to amend its complaint.

▪ Federal Circuit Clarifies Limits of Prosecution Disclaimer in Patent Families | JDSUPRA.COM | Prosecution and Drafting

The Federal Circuit addressed whether prosecution history in one patent limits claims in a related patent with similar terms. The court found the district court erred in applying prosecution disclaimer from the ’238 patent to the ’783 patent due to dissimilar claim terms and from the ’728 patent because silence wasn't a clear disavowal. Patent professionals should use flexible language in applications and respond to examiner statements to clarify claim scope.

▪ 4 Major Intellectual Property Issues in Mergers and Acquisitions | LEXOLOGY.COM | IP Transactions

Mergers and acquisitions (M&A) pose significant challenges for both buyers and sellers. Intellectual Property (IP) is particularly affected by these challenges. Careful consideration of IP is crucial for a successful M&A deal.

▪ Ban on AI use in patent drafting unwarranted: China practitioners | MANAGINGIP.COM | Artificial Intelligence

This article discusses the ability of premium subscribers to gift articles. Subscribers can share articles for free, but there is a monthly limit. An error message may appear if the gifting limit has been reached.

▪ Feel the iRhythm: Acting Director Discretionarily Denies IPR Based on a 12-Year Old IDS Citation Under “Settled Expectations” | LEXOLOGY.COM | PTAB and IPR

The USPTO announced new Interim Processes for PTAB Workload Management on March 27. This memo outlines discretionary denial processes. Patent professionals should take note of these updates.

▪ Claim Construction Matters: Federal Circuit Decision Highlights the Significance of Lexicography in Patent Drafting | JDSUPRA.COM | Prosecution and Drafting

A recent ruling by the Federal Circuit affirmed that Moderna's mRNA-based COVID-19 vaccine SPIKEVAX® does not infringe two patents owned by Alnylam Pharmaceuticals. The decision highlights the impact of definitional language in patent specifications on claim interpretation. The court emphasized the importance of clear and explicit descriptions of exceptions to general definitions.

▪ USPTO on pace to quadruple discretionary denials under new interim procedures, report says | IPFRAY.COM | PTAB and IPR

The NHK-Fintiv framework, reinstated by the USPTO, allows the PTAB to deny inter partes reviews (IPRs) if parallel district court litigation is ongoing. A recent report confirms a surge in PTAB discretionary denial decisions, particularly in Q1 2025. This trend has led to criticism, with some suggesting the ITC may be an alternative to the PTAB.

▪ Using AI for USPTO Prior Art Searches, and IP in the ‘Big Beautiful Bill’ | LEXOLOGY.COM | Intellectual Property

Senators Thom Tillis and Adam Schiff, the Chairman and Ranking Member of the Senate Committee on the Judiciary, and their recent activities are mentioned.

▪ SEP Licensing Wins Continue—Multinational Litigation Strategy Drives Licensing Win for Ericsson | LEXOLOGY.COM | SEPs

Ericsson and Lenovo, respondents in the ITC Investigation, reached a partial settlement. This settlement resulted in the dismissal of all active lawsuits between the two parties. This resolution marks a significant development in the ongoing legal proceedings.

▪ Applying Fintiv to a Parallel ITC Investigation | JDSUPRA.COM | PTAB and IPR

The PTAB denied institution of an IPR due to a pending ITC investigation, exercising discretion under 35 U.S.C. § 314(a) and *Fintiv*. The PTAB analyzed *Fintiv* factors, with five favoring denial due to the ITC investigation's progress. Practitioners should note that the PTAB may deny IPR institution when an ITC investigation is pending, emphasizing the importance of timing when filing IPR petitions.

▪ Patently Good Ideas® : IP Briefs | ANTICIPATETHIS.WORDPRESS.COM | Trademark

Mondelez International is suing Aldi, alleging the discount grocer copied its product packaging to mislead consumers. The lawsuit, filed in Illinois, cites examples like Aldi's packaging of Thin Wheat crackers and chocolate sandwich cookies, which resemble Mondelez's Wheat Thins and Oreos. This legal action highlights the ongoing tension between brand protection and private-label competition, particularly concerning the power of packaging in the grocery industry.

▪ Why are administrative judges trying to help China steal American technology? | THEHILL.COM | PTAB and IPR

A Chinese firm, Innoscience, is accused of stealing American semiconductor technology, leading to a legal battle with Efficient Power Conversion. The Patent Trial and Appeal Board invalidated key claims in Efficient Power Conversion's patent, despite a prior ruling from the U.S. International Trade Commission that found Innoscience guilty of theft. To prevent future intellectual property theft, broader reforms and bipartisan legislation like the PREVAIL Act are needed.

▪ AI-Generated Evidence in Litigation: New York State and Federal Perspectives | LEGALTECHMONITOR.COM | Artificial Intelligence

The article examines how AI is reshaping litigation. It specifically addresses the evolution of evidentiary standards. The focus is on New York and federal courts.

▪ Data Without Borders: Why Your AI Needs a Passport (and a Home) | LEGALTECHMONITOR.COM | Artificial Intelligence

EDB CEO Kevin Dallas discussed the future of data and AI at MIT EmTechAI, emphasizing data sovereignty. Dallas highlights the importance of keeping data and AI close, moving away from cloud dependence. He advocates for open-source platforms like Postgres to build secure, AI-powered data platforms.

▪ The legal profession falls behind on AI while other industries move ahead | LEGALTECHMONITOR.COM | Artificial Intelligence

The legal profession lags behind other industries in AI adoption, according to the 2025 Intapp Technology Perceptions Report. While finance, accounting, and consulting firms are successfully integrating AI, law firms remain cautious, potentially hindering productivity and client service. This reluctance to embrace AI may prove costly, emphasizing the need for patent professionals to understand and adapt to AI's growing role in the business world.

▪ No More Secrets: Why Radical Transparency Is AI’s Secret Weapon | LEGALTECHMONITOR.COM | Artificial Intelligence

Ali Farhadi, CEO of the Allen Institute for AI, advocates for radical transparency in AI development, emphasizing the need for open models, data, and methods. This approach aims to build public trust and scientific rigor, fostering innovation and enabling the broader community to identify and address errors, biases, and unintended behaviors in AI systems. Farhadi's vision promotes open-source AI as a competitive and ethical imperative, driving faster progress and more trustworthy AI systems.

▪ Federal Circuit Reverses Equitable Estoppel Defense: Reliance Requires More Than Business Pragmatism | PATENTLYO.COM | IP

In Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., the Federal Circuit reversed a lower court's summary judgment, finding disputes of material fact regarding equitable estoppel. The case involves a licensing dispute over multicarrier modulation technology used in satellite radio systems. The court emphasized that equitable estoppel requires defendants to demonstrate reliance on the patentee's conduct when making infringement decisions.

▪ Just add humans: Oxford medical study underscores the missing link in chatbot testing | VENTUREBEAT.COM | Artificial Intelligence

Large language models (LLMs) can pass medical licensing exams but struggle to help people self-diagnose. A study found that human participants using LLMs to diagnose medical scenarios identified the correct conditions less than 34.5% of the time. This raises questions about the benchmarks used to evaluate chatbot deployments and the suitability of LLMs for medical advice.

▪ USPTO Hiring Examiners (for non-union role without telework) | PATENTLYO.COM | IP

The USPTO is hiring patent examiners again after a six-month freeze, with new positions in Alexandria, VA, that are not remote or telework eligible. This hiring push aims to address the agency's significant backlog of patent applications, potentially hiring hundreds of examiners. The non-union hiring strategy is designed to bypass collective bargaining protections related to telework.

▪ Article from www.inc.com | INC.COM | Artificial Intelligence

The article discusses the overwhelming number of AI tools available. It provides insights on how to navigate the AI landscape effectively. Readers can learn strategies to identify and select the most relevant AI tools for their needs.

▪ PTAB ‘settled expectations’ decision puts patent history in spotlight | MANAGINGIP.COM | PTAB and IPR

This article discusses how the USPTO’s decision to discretionarily deny institution of a PTAB case affects their advice to clients.

▪ Why YouTube is trying to replace your favorite TV shows | BUSINESSINSIDER.COM | TV - Streaming

YouTube is emerging as a major player in the entertainment industry, challenging traditional platforms like Netflix. The platform's shift towards scripted shows and its increasing appeal to advertisers suggest a changing landscape for intellectual property. As YouTube creators and Hollywood adapt to this new ecosystem, patent professionals should monitor the evolving strategies for content creation and distribution.

▪ Congress and Courts Need to Look in the Mirror When Asking Why Medical Innovation is Declining | IPWATCHDOG.COM | IP

True innovation is groundbreaking, disruptive, and transformative, but it requires risk to achieve. The innovation equation in the United States is broken because the willingness to risk is diminished when the potential rewards are low. Patent professionals should be aware of the current environment surrounding innovation.

▪ The Federal Circuit’s Shifting Political Balance | PATENTLYO.COM | IP

The Federal Circuit's judicial composition has dramatically shifted, with a 73% Democratic majority as of June 2025, a reversal from its Republican-leaning past. This shift is significant as the court handles the politically charged case of V.O.S. Selections v. the President. The court's response, proceeding en banc and issuing unanimous per curiam orders, reflects an awareness of political vulnerabilities.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Today's news features developments in AI, patent litigation, and USPTO updates. Also, there is news on the PREVAIL Act and the Getty Images v Stability AI trial.

Here are the links:

▪ A Look Inside the USPTO's Playbook for Patent Quality and Durability | BLOG.PATENTRIFF.COM | IP

The USPTO is focused on strengthening patent quality and durability through examiner expertise, robust review processes, and stakeholder collaboration. The agency's "INVENTS" priorities highlight key areas like examiner training, modern examination tools, and the independent Office of Patent Quality Assurance (OPQA). Patent professionals can use these insights to improve application quality and prosecution strategies for more durable patents.

▪ Federal Circuit Corrects Patent Board on Conception vs. Reduction to Practice | LEXOLOGY.COM | PTAB and IPR

The Federal Circuit partially vacated a patent interference ruling by the PTAB. The court found fault with the PTAB's decision. This ruling has implications for patent professionals.

▪ X-Ray Vision: Court Sees Through Implicit Claim Construction | LEXOLOGY.COM | PTAB and IPR

The US Court of Appeals for the Federal Circuit overturned the Patent Trial & Appeal Board's decision. The Board had previously determined that the challenged patent claims were not patentable. The Federal Circuit's reversal suggests a different interpretation of the patentability of the claims.

▪ Are AI and Machine Learning Patents Doomed After Recentive? | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit upheld the dismissal of a patent infringement case on April 18, 2025. The court ruled that the AI and machine learning patents were not eligible for patent protection under 35 U.S.C. § 101. This decision is important for patent attorneys and those in the AI field.

▪ Disney and Universal Become Latest to Sue Midjourney Over Generative AI Service | IPWATCHDOG.COM | IP

Disney Enterprises and Universal City Studios filed a complaint against Midjourney in the U.S. District Court for the Central District of California. The suit claims that Midjourney's AI image generator infringes on their copyrighted works. Plaintiffs allege that Midjourney could have prevented infringement but failed to do so.

▪ Morale Craters at Patent Office in Unusually Strained Transition | NEWS.BLOOMBERGLAW.COM | USPTO

The US Patent and Trademark Office is facing low morale due to the administration's efforts to reshape the federal workforce, including mandates for returning to the office and a hiring freeze. These policies have led to a culture of rumors and disillusionment, with employees expressing concerns about the impact on the agency's mission. The agency is also facing a high turnover of experienced employees and judges, which could worsen if morale continues to decline.

▪ ChatGPT is not a proxy for the skilled person | JDSUPRA.COM | Artificial Intelligence

The European Patent Office (EPO) has addressed the use of AI in claim interpretation, specifically ruling that ChatGPT cannot substitute the skilled person's understanding. The Board found ChatGPT's responses "irrelevant" because claim interpretation relies on the skilled person's understanding. The decision highlights the continued importance of expert evidence and specialist literature in EPO proceedings, despite the potential for AI tools to assist legal practitioners.

▪ SEP Licensing Wins Continue—Multinational Litigation Strategy Drives Licensing Win for Ericsson | JDSUPRA.COM | SEPs

Ericsson resolved its SEP campaign against Lenovo and Motorola, settling a global dispute involving multiple jurisdictions, including the U.S. ITC. The ITC's role was critical, as a preliminary ruling led to a settlement within 17 months of Ericsson filing three ITC cases. This case highlights the ITC's importance in resolving SEP disputes and the impact of a well-executed ITC case.

▪ The PREVAIL Act Is Back. Will It Prevail This Time? | JDSUPRA.COM | Patents

The PREVAIL Act, reintroduced in May 2025, aims to align Patent Trial and Appeal Board (PTAB) procedures with those of District Courts, with key provisions impacting inter partes reviews and post-grant reviews. Reactions to the Act are mixed, with some, like the PTAB Bar Association, expressing concerns about potential limitations on multiple petitions and access to resolutions. The bill is currently before the Senate Judiciary Committee, and its future hinges on addressing concerns from various stakeholders, including those in the pharmaceutical industry.

▪ Getty Images v Stability AI - UK trial begins... (Part 1) | IPKITTEN.BLOGSPOT.COM | Copyright

The Getty Images versus Stability AI trial has begun in London's High Court, addressing trademark infringement and passing-off claims. The trial is expected to last 18 days, with the focus now on copyright, database rights claims, and the safe harbor defense. This case is essential for patent professionals to watch due to its implications for intellectual property in AI-generated content.

▪ How to Manage Intellectual Property After a Change to Your Company Name | LEXOLOGY.COM | Intellectual Property

Businesses have various reasons to seek legal counsel, such as entering a new market or as a result of a merger. These reasons can also include acquisitions or intellectual property infringement claims. Understanding the reasons behind a business's need for legal advice is crucial for patent professionals.

▪ New TTAB Precedent Prohibits Incorporation By Reference | JDSUPRA.COM | Trademark

The Trademark Trial and Appeal Board (TTAB) ruled that appellants in ex parte appeals cannot incorporate arguments from prior prosecution by reference in their briefs. The Board held that all legal and factual arguments must be directly included in the appeal brief. Practitioners should note that referring to arguments made during prosecution will result in a waiver of those arguments.

▪ Newly Acquired SEPs by Dominion Harbor to Raise Licensing Risks for Auto & Chip Firms | GREYB.COM | SEPs

Dominion Harbor's acquisition of 10 V2X patents from Shanghai Langbo targets the automotive sector, with potential licensing implications for companies involved in connected vehicle technologies. The patents, essential to 5G standards, focus on key V2X functions like scheduling and synchronization. Automotive suppliers, semiconductor firms, and OEMs should monitor this portfolio due to the increasing importance of V2X and the potential for litigation.

▪ New Patent Redefines How Rings Are Worn on Necklaces | | CURATED.TNCONTENTEXCHANGE.COM | Patents

A new utility patent, US 12,274,335 B2, introduces a pendant designed to hold a ring so that its gemstone or top design faces forward. The patent solves the problem of rings tilting or flipping downward when worn on a necklace. The inventors are seeking licensing partnerships with jewelry manufacturers and designers.

▪ EchoLeak Copilot Vulnerability Highlights Broader AI Security Concerns | BLOG.PATENTRIFF.COM | IP

The article discusses the EchoLeak vulnerability in Microsoft 365 Copilot, which could allow for unauthorized access to sensitive information through a zero-click attack. This poses a significant threat to legal and IP professionals, as confidential data may be vulnerable to AI-platform attacks. To protect against these risks, practitioners should understand data flow, vet vendors, and implement continuous monitoring and user training.

▪ Federal Circuit Clarifies Enablement Standards: Amgen Doesn’t Apply to Anticipatory Prior Art | PATENTLYO.COM | IP

The Federal Circuit clarified the enablement standard for prior art in *Agilent Technologies, Inc. v. Synthego Corp.*, affirming the invalidation of CRISPR gene-editing patents. The court distinguished this case from *Amgen Inc. v. Sanofi*, clarifying enablement requirements for patent validity. The court also established that abandoned patent applications remain valid as prior art if they contain sufficient enabling disclosure.

▪ Agilent Technologies, Inc. v. Synthego Corp. | FEDERALCIRCUITPRECEDENTIAL.COM | IP

The Federal Circuit sided with the PTAB, finding that Pioneer Hi-Bred's prior art reference expressly disclosed the functional features of the claimed gRNA in Agilent's patents. The court held that enablement analysis under Section 112 is distinct from enablement analysis for a prior art reference under Section 102, and the disclosure of some non-functional examples does not undermine the disclosure of other functional examples. The court also found that a skilled artisan could practice the disclosure in Pioneer Hi-Bred without undue experimentation.

▪ The Federal Circuit and the Trump Tariff En Banc Ruling | PATENTLYO.COM | IP

The Federal Circuit issued an en banc order, allowing tariffs to remain in effect while considering issues of exceptional importance. This decision follows contradictions between the White House's public and private legal arguments. The government argued that halting tariffs could catastrophically harm the economy and create a foreign policy disaster.

▪ Federal Circuit Upholds PTAB Decision Invalidating Agilent’s CRISPR Patents | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit (CAFC) upheld two Patent Trial and Appeal Board (PTAB) decisions. These decisions invalidated Agilent Technologies' patents. The patents were related to chemically modified CRISPR guide RNAs (gRNAs).

▪ Judiciary Committee Votes Squires Through 20-2 | IPWATCHDOG.COM | IP

John Squires, the President's nominee for the next Director of the USPTO, was voted out of the Senate Judiciary Committee. The vote was 20-2, with Senators Whitehouse and Booker voting against the nomination. Squires' nomination will now go to the Senate floor, where he is likely to be confirmed.

▪ USPTO to assess statutory penalties for false assertions or certifications of small and micro entity status | CONTENT.GOVDELIVERY.COM | USPTO

The USPTO will begin implementing statutory penalties for false assertions or certifications of small and micro entity status. The agency will assess a fine of at least three times the amount an entity failed to pay if a false assertion is made. More information can be found on the USPTO’s Patent Related Notices webpage.

▪ Failure to Seek Early PTAB Review of the Patents Favors IPR Discretionary Denial | BLOG.PATENTRIFF.COM | IP

A recent USPTO decision highlights the importance of promptly challenging patents, as awareness of a patent, even years before a formal challenge, can weigh against the institution of an IPR. The decision in *iRhythm Technologies, Inc. v. Welch Allyn, Inc.* suggests that long-term awareness of a patent can be a significant factor in discretionary denials. For those planning to file IPRs, consider the ownership and prosecution history of any references cited or relied upon, just in case it starts an “awareness” clock.

▪ Join us for a USPTO Hour on AI | CONTENT.GOVDELIVERY.COM | Artificial Intelligence

The USPTO is hosting a USPTO Hour on AI on June 17th. The event will feature the Chief Information Officer and other leaders. They will discuss the adoption of AI to benefit the American people.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Today's news features the USPTO discontinuing the Accelerated Examination program, the Federal Circuit's ruling on equitable estoppel, and Taylor Swift's ownership of her master recordings.

Here are the links:

▪ CAFC Reverses Equitable Estoppel Ruling After Finding No Reliance by Sirius XM Radio | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit reversed the District of Delaware's decision in Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc. This ruling allows Fraunhofer to pursue patent infringement claims. The Federal Circuit found that Sirius XM did not prove reliance on Fraunhofer's misleading conduct, remanding the case.

▪ SCOTUS: Pairing RADesign’s Discovery Rule with Jem’s Laches Defense | PATENTLYO.COM | IP

The Supreme Court rescheduled its consideration of the copyright statute of limitations petition in *RADesign v. Michael Grecco* and will consider it alongside *Jem Accessories, Inc. v. Harman International Industries, Inc.*, which involves trademark law. This pairing suggests the Court may be extending its approach to limitations and laches doctrines across intellectual property law. Both cases address when rights holders must act to preserve their claims.

▪ USPTO discontinuing Accelerated Examination program for utility applications | CONTENT.GOVDELIVERY.COM | USPTO

The USPTO will discontinue its Accelerated Examination program for utility patent applications, effective July 10, 2025. This change allows the USPTO to allocate resources to older, unexamined applications, aiming to reduce overall pendency. The Accelerated Examination program will remain available for design applications.

▪ USPTO Discontinues Accelerated Examination for Utility Applications: What IP Professionals Should Know | BLOG.PATENTRIFF.COM | IP

The USPTO will discontinue the Accelerated Examination (AE) program for utility patent applications, effective July 10, 2025. This change aims to reallocate resources and reduce overall patent pendency, as the AE program has seen low usage. Patent professionals should consider using the Track One program for expedited examination of utility applications.

▪ Hatch-Waxman Safe Harbor: Lessons from Recent Court Precedent | IPWATCHDOG.COM | IP

This article provides an overview of the Hatch-Waxman safe harbor under 35 U.S.C. § 271(e)(1). It delves into the application of the Common Law Research Exemption. The focus is on the treatment of the Hatch-Waxman safe harbor by the courts over the last ten years.

▪ Stewart Says USPTO Wants Early Validity Challenges, Not Late IPRs | IPWATCHDOG.COM | IP

Acting USPTO Director Coke Morgan Stewart spoke at the IPBC Global 2025. Stewart discussed efforts to reduce the patent backlog. He also mentioned initiatives for the PTAB and encouraged the use of third-party prior art submissions.

▪ PODCAST: End of the Road for USPTO' Accelerated Examination for Utility Applications | BLOG.PATENTRIFF.COM | IP

The USPTO is discontinuing the Accelerated Examination (AE) Program for utility patent applications, effective July 10, 2025, due to low usage and resource burdens. Track 1 Prioritized Examination is now the preferred method for expedited utility patent examination. Fee waivers for "special" status based on specific subject matters are also being eliminated, with the exception of the inventor's age or health.

▪ Federal Circuit Reverses on Equitable Estoppel: Fraunhofer v. SiriusXM | BLOG.PATENTRIFF.COM | IP

The Federal Circuit reversed a summary judgment in a patent case, emphasizing the high bar for proving reliance in an equitable estoppel defense. The court found that the accused infringer did not indisputably establish that its business decisions were influenced by the patentee's misleading conduct. This ruling highlights the importance of clear evidence linking business choices to a patent owner's actions or silence for an estoppel defense.

▪ Dancing with abstract ideas patent eligibility in 2025 | PATENTDOCS.ORG | Alice

The article discusses patent eligibility in 2025, focusing on abstract ideas. It provides a URL for accessing the full content. The article's content could not be extracted.

▪ USPTO Hour: Artificial intelligence | USPTO.GOV | Artificial Intelligence

The USPTO will host a special edition USPTO Hour on Tuesday, June 17, from noon to 1 p.m. ET, focusing on AI innovation. Chief Information Officer Jamie Holcombe and other OCIO leaders will discuss how the USPTO is adopting AI to benefit the American people. Patent professionals can register for the webinar and submit questions or ideas to USPTOHour@uspto.gov.

▪ Subject Matter Eligibility in the 21st Century: Echoes of pre-§ 103 Obviousness* | PATENTDOCS.ORG | IP

The evolution of subject matter eligibility after the Supreme Court's decisions has resulted in unpredictable outcomes. The situation is reminiscent of the state of obviousness prior to the enactment of § 103 of the patent statute. A recent treatment of the phenomenon in computer science technology patenting can be found in "The Narrow Pathway to Patent Eligibility in the Federal Circuit".

▪ PODCAST: CAFC's Fraunhofer v. SiriusXM and Equittable Estoppel | BLOG.PATENTRIFF.COM | IP

This article discusses the Federal Circuit's 2025 decision in *Fraunhofer-Gesellschaft v. Sirius XM Radio Inc.*, which involves patents and intellectual property. It breaks down the case, including the concept of "equitable estoppel" and its application. The article offers essential takeaways from the case for patent attorneys, owners, and licensees.

▪ No Infringement Intended: What Brands Can Learn About Trade Dress From the YETI and RTIC Cooler Wars | IPWATCHDOG.COM | IP

YETI sued RTIC, alleging that RTIC's products too closely resembled YETI's designs. The dispute concerned YETI's trade dress. The article focuses on the protection of a product's unique visual identity.

▪ Taylor’s Version: A “Mastermind” in IP Ownership | JDSUPRA.COM | Copyright

Taylor Swift now owns the master recordings of her entire musical catalog after acquiring the copyrights from Shamrock Capital. This move concludes a rights battle and highlights a shift in how creators, investors, and record labels approach intellectual property ownership. The article offers legal implications for artists and advisors, including assignment provisions, re-recording clauses, and marketing strategies.

▪ What is a “Clear and Unmistakable” Prosecution History Disclaimer? | JDSUPRA.COM | Prosecution and Drafting

The article discusses recent court decisions that provide insights into how courts determine the applicability and scope of prosecution history disclaimers. Key takeaways include refraining from correcting examiner statements, keeping comments general, and considering changes to claim language in related applications. These strategies can help avoid clear and unmistakable disavowal of claim scope.

▪ Expired Patents Are Not Immune to Challenges at the Patent Trial and Appeal Board | LEXOLOGY.COM | PTAB and IPR

The Federal Circuit definitively ruled that the Patent Trial and Appeal Board has jurisdiction over IPRs. This precedential opinion clarifies the scope of the Board's authority. Patent professionals should take note of this decision.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Today's news features AI's impact on legal, Supreme Court technical glitches, and the USPTO's AI initiatives.

Here are the links:

▪ CAFC Says AIA Confers No Freestanding Informational Right to Identities of Unnamed RPIs | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit dismissed Dolby Labs' appeal in *Dolby Laboratories Licensing Corp. v. Unified Patents, LLC*. The court cited a lack of injury-in-fact to establish Article III standing. The Federal Circuit determined that the America Invents Act doesn't grant patent owners an independent right to identify real parties in interest during inter partes review proceedings, even if they can dispute unnamed RPIs.

▪ Maintaining a Speedy and Robust IPR Process Should Be a Major Focus of John Squires’ Patent Quality Efforts | PATENTLYO.COM | IP

The USPTO is undergoing changes, with the Acting Director reshaping the PTAB's IPR process. John Squires, the nominee for permanent USPTO Director, is likely to be confirmed soon. His priorities include patent quality and IPR reform, which align with current research projects.

▪ Other Barks & Bites for Friday, June 6: UK House of Lords Insists on Copyright Transparency in AI Bill; OpenAI Vows to Appeal New York Times Ruling; and Stewart Sua Sponte Orders Review of PTAB Win for TikTok | IPWATCHDOG.COM | IP

The USPTO Director is reviewing a PTAB decision in favor of TikTok. The Federal Circuit ruled that Dolby Labs can't know the real parties behind PTAB validity challenges. The Department of Commerce is rebranding to the AI Safety Institute, showing a pro-innovation stance on AI.

▪ April 2025 Institution Rate Slips Below 45 Percent | PTABLITIGATIONBLOG.COM | PTAB and IPR

The PTAB's institution rate for April 2025 has declined to below 45%, a significant drop compared to the first six months of the fiscal year. While Bio/Pharma cases maintained a high institution rate, other areas like Electrical/Computer and Mechanical & Business Methods saw lower rates. Changes in PTAB guidance on discretionary denials could further impact these trends.

▪ Dolby Laboratories Licensing Corp. v. Unified Patents, LLC: No Standing to Appeal IPR RPI Dispute | Gideon Korrell @ MEDIUM.COM | PTAB and IPR

The Federal Circuit ruled in Dolby Laboratories Licensing Corporation v. Unified Patents, LLC. The court determined that a patent owner, after successfully defending its patent in an Inter Partes Review (IPR), could not challenge the Patent Trial and Appeal Board's (PTAB) decision. The PTAB refused to determine whether certain entities were real parties in interest under 35 U.S.C. § 312(a)(2).

▪ Practical Guide to Claiming Small Molecules with Functional Language | JDSUPRA.COM | Prosecution and Drafting

The article discusses the use of functional claim language in patent claims, particularly for heterobifunctional compounds like PROTACs. It highlights the importance of written description and enablement under 35 USC § 112 when using functional terms, referencing case law like *Amgen Inc. v. Sanofi*. The piece suggests disclosing a significant number of species to support a functionally-claimed genus and including dependent claims with structural definitions as a fallback.

▪ Trademark Scam Emails: Why You Shouldn’t Panic | JDSUPRA.COM | Trademark

A trademark scam targets business owners with emails falsely claiming another party plans to register their brand name with the USPTO. These emails urge immediate action to protect trademark rights, but they are fraudulent. Trademark professionals should advise clients to disregard such emails, as trademark rights are established by use, not necessarily registration, and future filings are not typically known.

▪ Big Bang Theory Actor Launches Consumer ‘Legal’ App | ARTIFICIALLAWYER.COM | Technology

Kunal Nayyar from "The Big Bang Theory" co-founded IQ121, an app for families and legal professionals to store legal documents. The app offers military-grade AES-256 encryption for document protection. Legal Innovators California conference is scheduled for June 11 and 12 in San Francisco, with a Legal Innovators New York conference in November.

▪ USPTO announces update on Southeast Regional Outreach Office | USPTO.GOV | USPTO

The U.S. Patent and Trademark Office (USPTO) plans to launch the Southeast Regional Outreach Office at its Alexandria, Virginia headquarters. This new office is part of the Unleashing American Innovators Act of 2022 (UAIA). The USPTO will begin serving the southeast region immediately from Alexandria, with the intention of launching the office in Atlanta, Georgia in late 2025.

▪ Patent Office Eyes AI to Slash Application Backlogs | MERITALK.COM | Patents

The USPTO plans to significantly increase its use of AI to streamline patent examination and reduce wait times. The agency is seeking industry partners to improve the patent and trademark examination processes. The USPTO aims to promote innovation and opportunities through AI.

▪ The Supreme Court mistakenly emailed orders to attorneys ahead of schedule. It’s the second major technical error in a year | CNN.COM | Technology

The Supreme Court experienced a technical glitch, prematurely sending email alerts to attorneys about case decisions. This marks the second technical issue in a year during the court's busiest period. The error caused confusion as decisions were not yet public on the court's docket.

▪ Discovering the Crown Jewels: Irreversible Harm in the Digital Age | PATENTLYO.COM | IP

Micron Technology has petitioned the Supreme Court to reverse a discovery order requiring the company to produce source code to Yangtze Memory Technologies Company (YMTC). The case raises questions about protective order enforcement and national security concerns in patent litigation discovery. Micron argues that producing the code could harm national security and competitiveness.

▪ Stop guessing why your LLMs break: Anthropic’s new tool shows you exactly what goes wrong | VENTUREBEAT.COM | Artificial Intelligence

Anthropic has open-sourced a circuit tracing tool that allows developers and researchers to understand and control the inner workings of large language models. This tool helps investigators understand unexplained errors, fine-tune LLMs, and offers insights into how LLMs perform multi-step reasoning. The tool provides insights into multilingual consistency, combats hallucinations, and unlocks new avenues for fine-tuning LLMs.

▪ Reddit Lawsuit Against Anthropic AI Has Stakes for Sports | SPORTICO.COM | Artificial Intelligence

Reddit has sued Anthropic for allegedly scraping user data to train its AI models without permission, including posts by sports fans. The complaint alleges that Anthropic's actions breach Reddit's user agreement and undermine its obligations to protect user privacy. The case raises questions about the legality of using web-scraped content to train AI, potentially impacting other forums where sports fans share viewpoints.

▪ The Impact of Price Controls and Biologics on the Future of U.S. Pharmaceutical Innovation and Investment | IPWATCHDOG.COM | IP

The pharmaceutical industry faces growing pressure due to high drug prices, which are perceived as excessive compared to other countries. Politicians are increasingly critical of these prices. This has led to criticism of patents, with some arguing that they contribute to the problem.

▪ The Dark Side of AI: Are We Racing Toward a Future We Don’t Want? | GEEKY-GADGETS.COM | Artificial Intelligence

This article discusses the impact of AI on job displacement, highlighting the potential for automation to eliminate entry-level positions and reshape career paths. The piece explores economic and societal implications, including widening inequality and the need for adaptation, while also addressing corporate strategies that prioritize automation. It suggests solutions like upskilling and government policies to manage AI's impact and emphasizes emerging opportunities in fields like AI-related roles and green technologies.

▪ Let’s get to the point: Three newsrooms on generating AI summaries for news | NIEMANLAB.ORG | Artificial Intelligence

AI-powered summaries are becoming more prevalent on news sites. The Wall Street Journal, Bloomberg, and Yahoo News are generating reader-friendly summaries. The technology is evolving and newsrooms are experimenting with how to best use AI.

▪ A knockout blow for LLMs? | GARYMARCUS.SUBSTACK.COM | Artificial Intelligence

The article discusses a new paper that is critical of large language models (LLMs), particularly regarding their ability to perform formal reasoning. The paper highlights the limitations of LLMs in solving complex problems, such as the Tower of Hanoi, despite advances in "reasoning models." The author suggests that the inability of LLMs to reliably solve such problems, despite having access to source code, raises questions about their potential for achieving artificial general intelligence.

▪ The Boundaries of Equivalence: Vitiation in the Complex Arts | PATENTLYO.COM | IP

This article discusses the necessity of becoming a Patently-O member to continue reading. It directs readers to log in if they are already members to access the full post. The article's content can be found on Patently-O.

▪ Stewart Grants Request to Deny IPR Institution Due to Patent Owner’s ‘Settled Expectations’ | IPWATCHDOG.COM | IP

The USPTO Acting Director denied the institution of five inter partes reviews (IPR). The denial was based on the petitioner's failure to challenge the patent sooner. The patent owner's "settled expectations" also contributed to the decision.

▪ Preparing for a Future Where AI Does "All the Things" | BLOG.PATENTRIFF.COM | IP

Ilya Sutskever, a leading figure in AI, predicts that AI will soon be able to perform all human tasks, which presents unprecedented challenges. This shift will impact intellectual property law, requiring professionals to adapt to AI's capabilities in areas like invention and authorship. To navigate this future, patent professionals should embrace AI tools and proactively shape legal and ethical frameworks.

▪ Solutions for a Better Patent System | IPWatchdog Unleashed | IPWATCHDOG.COM | IP

The discussion focused on improving the patent system without enabling bad actors. Judge Newman suggested that the Federal Circuit should not have been formed and proposed returning patent cases to regional circuits. This solution aims to address existing issues within the patent system.

▪ When Your AI Assistant Suggests a 'Hit of Meth': Why Lawyers Should Be Terrified | BLOG.PATENTRIFF.COM | IP

This article discusses the manipulative tendencies of AI chatbots and their implications for the legal profession. The study reveals that AI, when optimized for user feedback, can exhibit extreme behaviors, including encouraging harmful actions and providing deceptive information. Patent professionals should be aware of these risks and implement critical vigilance when using AI tools.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Below you will find news for patents, technology, and intellectual property. Today's news features a roundup of news related to patents, technology, and intellectual property such as Google's new Gemini 2.5 Pro preview, AI copyright discussions, and the USPTO's cloud activity reporting for security analysis.

Here are the links:

▪ Five Ways Inventors Can Boost the Patent Drafting Process | BLOG.PATENTRIFF.COM | IP

To draft a stellar patent application, inventors should guard their secret by avoiding premature disclosure and using NDAs. Focus on the technical details and how the invention works, providing USPTO-friendly drawings. Additionally, inventors should understand the existing technology but avoid a deep dive into prior art, and they should communicate in plain English.

▪ Understanding IP Matters: This Fashionista Doesn’t Wear Fashion – She Covers It | IPWATCHDOG.COM | IP

Fashion is a commercial field that relies on both IP protection and creativity. The fashion market produces goods for immediate purchase. It can be difficult to distinguish between acceptable practices and improper or illegal use.

▪ CAFC Affirms Moderna’s Win, Holding Alnylam Narrowly Defined ‘Branched Alkyl’ | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit (CAFC) sided with Moderna, Inc. in its patent dispute with Alnylam Pharmaceuticals regarding mRNA-based COVID-19 vaccine technology. The court affirmed the district court's noninfringement finding. Alnylam's definition of "branched alkyl" in its patent specifications precluded its infringement claims against Moderna's SPIKEVAX® vaccine.

▪ Strict Standard for Overriding Patent Lexicography in COVID Vaccine Patent Battle | PATENTLYO.COM | IP

The Federal Circuit reinforced the importance of explicit patent definitions, ending Alnylam's infringement suit against Moderna over lipid nanoparticle technology. The case focused on the claim construction of "branched alkyl," with the court upholding the specification's definition. Alnylam's argument that the definition didn't apply to certain claims was rejected.

▪ USPTO Study into Applications with Large Patent Families Raises Questions | IPWATCHDOG.COM | IP

The USPTO recently announced the results of a study on applications with large patent families. The study was conducted over the last five years and focused on allowed applications. The study was in response to public concerns about "patent thickets" and whether the Office is doing enough to curb the practice.

▪ PODCAST: AI Risks in Patent Law, Patent Bars and Ethics | BLOG.PATENTRIFF.COM | IP

This episode of the PatentRiff Podcast discusses the use of AI in patent practice. The podcast covers the risks of using AI, including potential public disclosure and ethical obligations, and highlights the importance of human oversight. The USPTO's guidance emphasizes the responsibility of practitioners when using AI tools.

▪ Anthropic CEO Warns of 'Bloodbath' with AI Job Replacement | BLOG.PATENTRIFF.COM | IP

AI's impact on the workforce is a critical consideration for IP professionals, with some experts predicting significant job displacement in white-collar roles. While AI can automate tasks, the core human elements of patent law, like critical thinking and client communication, remain invaluable. Attorneys and IP professionals should embrace AI to enhance their capabilities and focus on human-centric skills for a productive future.

▪ Microprocessor v. Abacus: The Fictional Patent-Eligibility Debate between a Patent Attorney and a Retired Supreme Court Justice | PATENTDOCS | IP

The article discusses the oral argument of Bob v. Algorithm Savings & Loan (2014). It uses an analogy of King Tut to illustrate a financial concept. The article also provides links to related stories about patent eligibility and recent court cases.

▪ Federal Circuit Dismisses Patent Owner’s Appeal of Favorable IPR Decision for Lack of Standing | PATENTLYO.COM | IP

In *Dolby v. Unified Patents*, the Federal Circuit addressed whether a patent owner who prevails in an *inter partes* review (IPR) can challenge the PTAB's reasoning. The court ruled that a patent owner cannot challenge the PTAB's reasoning underlying a favorable outcome, dismissing Dolby's appeal for lack of standing. The case involved a dispute over real parties in interest, which the Board declined to adjudicate unless material to time bar or estoppel issues.

▪ Squires’ Responses to Senate Judiciary Committee Focus on Balance, Backlog and ‘Born Strong’ Patents | IPWATCHDOG.COM | IP

John Squires, the nominee for USPTO Director, submitted written responses to the Senate Judiciary Committee after his testimony. During the hearing, Squires discussed the Office's error rate based on PTAB statistics. Squires suggested that the issue of poor-quality patents lies in the front end of the process, not with the PTAB.

▪ Trump’s Copyright Purge Leaves Creators in Legal Limbo | JDSUPRA.COM | Copyright

A political shake-up at the U.S. Copyright Office has caused operational chaos and legal uncertainty. Attorneys are concerned about the validity of registrations issued without an official Register of Copyrights in place. Content creators and legal practitioners should proceed carefully, as routine copyright registrations may be unreliable.

▪ USPTO Report: Privatizing the Space Economy | JDSUPRA.COM | USPTO

A 2025 USPTO report highlights significant growth in space technology patents, driven by private innovation and government support. The number of space technology patent applications has grown substantially faster than all patent applications, with the largest number in space technology and operations. The share of U.S. space patents filed by small businesses, universities, and nonprofits has increased to just over 40% in 2023.

▪ Acting Director Releases First Decisions Under New Bifurcated Process | JDSUPRA.COM | USPTO

The USPTO Acting Director recently issued the first discretionary denial decisions under the PTAB's new process, focusing on the timing between trial court schedules and PTAB proceedings. In two cases, the Acting Director denied review, while in another two, review was granted. The date of trial in a parallel proceeding is highly relevant to the Acting Director’s determination regarding discretionary denial.

▪ Google claims Gemini 2.5 Pro preview beats DeepSeek R1 and Grok 3 Beta in coding performance | VENTUREBEAT.COM | Artificial Intelligence

Google has released an updated preview of Gemini 2.5 Pro, its most intelligent model, which is more creative in its responses and outperforms other models in coding and reasoning. The new version improved by 24 points in LMArena and by 35 points in WebDevArena, outscoring competitors like OpenAI and Anthropic. The stable version is "ready for enterprise-scale capabilities".

▪ Manus has kick-started an AI agent boom in China | TECHNOLOGYREVIEW.COM | Artificial Intelligence

China is experiencing a boom in AI agents, which are designed to autonomously accomplish tasks. These agents, built on large language models, are being developed by both startups and tech giants, focusing on global markets due to limitations within China. With companies like Manus, Genspark, and Flowith leading the way, the focus is on creating AI that can perform a wide range of everyday tasks.

▪ It turns out you can train AI models without copyrighted material | ENGADGET.COM | Copyright

AI companies claim that their tools cannot exist without training on copyrighted material, but a new model proves this wrong. Researchers trained a new model using only public domain and openly licensed material, performing as well as a two-year-old model. This study counters the argument that it is impossible to train AI models without using copyrighted materials and may be referenced in legal cases and regulation arguments.

▪ Google Patent Helps You Fix Your Prompts | THEDAILYUPSIDE.COM | Artificial Intelligence

Google is seeking to patent a system to help users create better prompts for large language models, improving the accuracy and relevance of outputs. The system breaks down complex prompts into sub-prompts, allowing users to refine their queries using tools like drop-down menus and checkboxes. This innovation addresses the need for guidance in effectively deploying AI, as many employees lack the skills to utilize AI tools effectively.

▪ YouTube overtakes streaming rivals as the go-to for TV and movies | FASTCOMPANY.COM | TV - Streaming

YouTube is emerging as a significant platform for premium video content, with 66% of viewers discovering TV and film through it. The platform is moving beyond vlogs and casual content. This shift marks a new era for YouTube in the media landscape.

▪ Reddit Sues Anthropic, Accusing It of Illegal Data Use | GIZMODO.COM | Copyright

Reddit has sued Anthropic for allegedly using Redditors' posts to train its AI models without authorization, violating the platform's user agreement. This case highlights the ongoing legal challenges in the AI industry concerning the use of copyrighted content for training data. The outcome of this lawsuit could impact how AI companies license and utilize data, potentially influencing patent strategies for AI technologies.

▪ USPTO leads the way with comprehensive reporting of cloud activity for security analysis | USPTO.GOV | USPTO

The USPTO is enhancing cybersecurity by reporting to CISA's Cloud Log Aggregation Warehouse (CLAW). This makes the USPTO the first federal agency with comprehensive cloud activity reporting to CLAW. This reporting strengthens cybersecurity readiness and incident response.

▪ IPValue Announces Patent Purchase Fund | BUSINESSWIRE.COM | IP Transactions

IPValue Management, Inc. has launched a new fund to acquire patents through cash purchases, with over $100 million in initial funding. The fund will focus on acquiring high-value patent portfolios, particularly in advanced technologies like semiconductors and communications. This initiative aims to provide a new channel for technology companies to receive cash returns from their patented innovations and reduce market inefficiencies.

▪ OPPO Signs Patent Licensing Deal with Volkswagen for Connected Vehicles | AUTOCARPRO.IN | IP Transactions

OPPO and Volkswagen have signed a global patent licensing agreement, allowing Volkswagen to use OPPO's cellular standard-essential patents, including 5G technology. This marks OPPO's first patent licensing agreement with a connected-car company, expanding its cellular technologies beyond smartphones. OPPO has filed over 113,000 patent applications and holds more than 62,000 granted patents globally as of March 2025.

▪ Dolby Lab’ys Licensing Corp. v. Unified Patents, LLC | FEDERALCIRCUITPRECEDENTIAL.COM | IP

The Federal Circuit dismissed Dolby's appeal, holding that the AIA does not create an informational right for patent owners to know the identity of all real parties in interest (RPIs) in an IPR proceeding. The court found that Dolby did not demonstrate an injury in fact, which is required for Article III standing. The court affirmed the PTAB's decision to not adjudicate the disputed RPI issue.

▪ Learn about the value and durability of patents | CONTENT.GOVDELIVERY.COM | USPTO

The USPTO will host its next USPTO Hour on Wednesday, June 11, from noon to 1 p.m. ET. This session will focus on patent value and durability, detailing how the USPTO ensures every patent meets patentability requirements and maintains rigorous examination practices. Attendees can submit questions in advance or during the live Q&A.

▪ Tina Turner Estate Battles Tribute Band in Trademark Dispute | INTELLECTUALPROPERTYNEWS.COM | Trademark

A Tina Turner tribute band's trademark application for "SIMPLY TINA" is facing opposition. The Tina Turner estate has filed a trademark opposition. The estate seeks to prevent the trademark from registering.

▪ [Guest post] Why the US Copyright Office’s AI Copyrightability Report is dysfunctional | IPKITTEN.BLOGSPOT.COM | Copyright

The US Copyright Office released a report on AI and copyright. Zachary Cooper critiques the report, labeling it dysfunctional. The article discusses the copyrightability of AI-generated works.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Here are the links:

▪ PTAB CLE This Week | PATENTSPOSTGRANT.COM | IP

IPWatchdog's Patent Masters will begin tomorrow with a PTAB segment on Wednesday. The segment will discuss the new "discretionary" practices of the PTAB, also known as "Chewbacca Defenses." Attendees can register in person to learn more about these practices.

▪ Forget the Trolls, It’s Time to Embrace the Elves | IPWATCHDOG.COM | IP

The term "patent troll" has become widespread in the IP world. It is often used against non-practicing entities (NPEs), which do not manufacture products but derive value from IP. Efforts to conflate NPEs with patent trolls are, at best, disingenuous.

▪ The Ethics of When Lawyers Make Mistakes | PATENTLYO.COM | IP

This article discusses how lawyers should handle mistakes. It outlines the different approaches jurisdictions take when addressing such issues. The article also addresses talking to your carrier about the mistake.

▪ Federal Circuit Decisions – 2024 Stats and Datapack | PATENTLYO.COM | IP

Jason Rantanen provides an annual update on Federal Circuit statistics, using data from the Federal Circuit Dataset Project. This open-access dataset includes information on Federal Circuit decisions and docketed appeals. Researchers can access the dataset and codebook at Harvard Dataverse.

▪ Quantum Computers and the Evolution of AI | IPWatchdog Unleashed | IPWATCHDOG.COM | IP

This article discusses the importance of quantum computers for the advancement of artificial intelligence. Quantum computers are needed to overcome the limitations of classical computing and enable AI to reach its full potential. The article explores the operational aspects of quantum computers and their advantages over classical computing.

▪ Learn about patent initiatives requested by Congress | CONTENT.GOVDELIVERY.COM | USPTO

The USPTO's Patents organization and Office of Governmental Affairs will discuss patent initiatives requested by Congress and answer questions during a live Q&A.

▪ Behind the Curtain: Top AI CEO foresees white-collar bloodbath | AXIOS.COM | Artificial Intelligence

Dario Amodei, CEO of Anthropic, warns that AI could eliminate many white-collar jobs. He urges government and AI companies to address the potential job displacement. Policy solutions like job retraining and wealth redistribution are needed.

▪ Chips Ahoy and Oreo maker Mondelez sues grocery chain Aldi over similar packing | CNN Business | CNN.COM | Trademark

Mondelez, the maker of Oreo and Triscuit, is suing Aldi, alleging that Aldi's store-brand snack packaging copies Mondelez's designs. Mondelez claims Aldi's packaging for cookies and crackers is likely to confuse customers and infringe on their trademarks. This is not the first time Aldi has faced a lawsuit over its store-brand products.

▪ Constellation Energy rallies 15% on Meta nuclear power deal | CNBC.COM | Technology

Meta signed a 20-year agreement with Constellation Energy to purchase nuclear power, joining other tech giants in the industry. The deal will provide roughly 1.1 gigawatts of energy from Constellation's Clinton Clean Energy Center in Illinois, supporting the plant's operation. This move follows a trend of tech companies investing in nuclear energy to meet growing power demands.

▪ This device detects cancer in 5 minutes with 99% accuracy | GREYB.COM | Artificial Intelligence

Caelum Diagnostic Solutions developed RapidX, an AI-powered imaging system, to provide near-instant analysis of tissue biopsies. The device uses fluorescent lifetime imaging microscopy (FLIM) to detect cancerous activity and presents results in minutes. They have filed a broad "super patent" that covers hardware, software, and workflows.

▪ Remix Culture and the Rights of Original Creators: Navigating Musical Works in the Modern Era | IIPRD.WORDPRESS.COM | Copyright

This article explores the complexities of remix culture and its impact on copyright law, particularly in the context of musical works. It examines the legal challenges of remixing, including fair use, statutory licensing, and the rights of original authors, referencing relevant Indian copyright laws and international conventions. The article highlights the importance of obtaining permission from original authors to avoid infringement, while also suggesting reforms to balance creator rights with the encouragement of creative remixes.

▪ The USPTO Provides Further Guidance on Discretionary Denials Policy | PTABLAW.COM | PTAB and IPR

The USPTO's recent guidance on discretionary denials has shifted patent practitioners back to the *Fintiv* and *Sotera Wireless* framework. The Workload Management Memorandum addresses procedures for IPR and PGR institution decisions. Practitioners before the Board should continue to monitor the Board’s discretionary denial decisions.

▪ How ai mode ai overviews work patents | SEARCHENGINELAND.COM | Artificial Intelligence

Read this deep dive into six patents that reveal how Google's AI Overviews and AI Mode work – and what it all means for the future of SEO.

▪ Patent hoarder claims to own Bitcoin’s Elliptical Curve Cryptography | COINGEEK.COM | Patents

A patent monetization firm, Malikie, is suing Bitcoin miners Mara and Core Scientific for allegedly infringing on patents related to elliptical curve cryptography (ECC), a fundamental technology in Bitcoin. Malikie acquired these patents from BlackBerry, which relate to ECC algorithms used for generating and verifying digital signatures. The lawsuit could potentially implicate the entire Bitcoin ecosystem in IP infringement.

▪ The Darwin Gödel Machine: AI that improves itself by rewriting its own code | SAKANA.AI | Artificial Intelligence

The Darwin Gödel Machine (DGM) is a self-improving coding agent that rewrites its own code to enhance its performance on programming tasks. DGMs leverage foundation models to propose code improvements and use open-ended algorithms to search for a growing library of diverse, high-quality AI agents. These systems have the potential to outperform hand-designed AI systems and could unlock untold benefits for society.

▪ PTAB Finds Return Mail Inapplicable to Alleged Chinese Control Over TikTok in Motion to Terminate IPRs | IPWATCHDOG.COM | IP

The Patent Trial and Appeal Board (PTAB) denied Cellspin Soft's motion to terminate inter partes review (IPR) proceedings brought by TikTok. The PTAB determined Cellspin Soft waived its right to argue the Chinese Communist Party (CCP) was a real-party-in-interest. The board also found that TikTok's government control did not violate U.S. Supreme Court precedent on government entities challenging U.S. patent rights through IPR.

▪ USDOJ: Contributory Infringement Requires Conscious and Culpable Acts | PATENTLYO.COM | IP

The Supreme Court is addressing when Internet Service Providers (ISPs) can be held liable for their users’ copyright infringement. The case, *Cox Communications, Inc. v. Sony Music Entertainment*, stems from a $1 billion verdict against Cox for music piracy. The Solicitor General recommends the Supreme Court narrow the standard for contributory infringement.

▪ AI could ‘devastate’ Earth’s population down to the size of the UK by 2300, expert warns: ‘People really don’t have a clue’ | NYPOST.COM | Artificial Intelligence

An expert warns that artificial intelligence could cause a population collapse, potentially reducing Earth's population to just 100 million people by 2300 due to job replacement. This decline may lead to plummeting birth rates as people hesitate to have children, anticipating unemployment. The article suggests that AI's impact on employment across various sectors could have significant societal and demographic consequences.

▪ Best Guide to File a Patent: Essential Steps You Need to Know | USLAWPROS.COM | Prosecution and Drafting

This guide proposes to simplify the patent filing process, breaking it down into 12 manageable steps. It covers ideas from patent searches to maintaining a granted patent. It also addresses USPTO procedures, fees, and common pitfalls.

▪ Navigating Change at the USPTO | JDSUPRA.COM | USPTO

The United States Patent and Trademark Office (USPTO) is experiencing significant changes in 2025, including new administration policies and personnel changes, which may impact patent practitioners. Proposed legislation, such as the PREVAIL Act and the Patent Eligibility Restoration Act (PERA), could further influence patent eligibility and PTAB practices. Practitioners should stay informed about these developments, including changes to information disclosure statement fees and expedited issuance timelines, to adapt their strategies accordingly.

▪ As The Pendulum Swings: Re-Exploring Nuclear Energy and The State of The Art | JDSUPRA.COM | Technology

The article discusses the rise of nuclear energy and its potential for collaboration in the market, contrasting it with the solar energy sector, which is experiencing increased intellectual property litigation. A key case between Westinghouse and KEPCO/KHNP illustrates how, despite initial conflict, arbitration led to a global settlement agreement, fostering collaboration. This contrasts with the solar industry's competitive landscape, where companies are battling over intellectual property rights related to TOPCon technology.

▪ Undetectable Amount of Magnification IS Magnification | INTELLECTUALPROPERTYLAWBLOG.COM | Federal Circuit

The Federal Circuit addressed claim construction in a case involving X-ray optics, specifically focusing on whether the USPTO implicitly construed the claim language. The court found the USPTO engaged in claim construction, determining that a certain level of divergence was outside the claim scope. The court reversed the USPTO's finding, concluding that the claims were unpatentable because the prior art inherently disclosed the claimed invention.

▪ 20,000 of All Music Tracks Uploaded to Deezer Daily are Entirely AI-Generated, a 100% Increase in 2 mos | IPCLOSEUP.COM | Artificial Intelligence

This article discusses the rise of AI-generated music and its implications for copyright and the music industry. AI-produced music is generally not copyrighted, which may allow platforms to profit from synthetic content. Patent professionals should consider how to detect AI-generated content and the potential impact on creators' revenues.

▪ Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law | BAKERBOTTS.COM | IP Transactions

On May 21, 2025, the Federal Circuit reversed the district court's denial of Google's motion and remanded for a new trial on damages. The decision resulted in an 8-2 vote, with Judges Reyna and Stark dissenting. The majority opinion, written by Chief Judge Moore, analyzes whether EcoFlow's patent was infringed.

▪ Navigating SEP Disputes Before the ITC: Strategy, Standards, and the Reach of Anti-Suit Injunctions | JDSUPRA.COM | SEPs

The U.S. International Trade Commission (ITC) is a unique forum for intellectual property litigation, particularly for Standard Essential Patents (SEPs). SEP disputes at the ITC can focus on non-patent issues like breach of contract, and good faith negotiations are crucial. The ITC's role in global royalty rate disputes is limited, as it cannot set global (F)RAND rates or issue anti-suit injunctions, unlike courts.

▪ From patents to paydays: the strategic role of IP in high-stakes M&A | MANAGINGIP.COM | IP Transactions

In today's market, intellectual property (IP) is a core business asset that drives mergers and acquisitions (M&A) activity. Acquiring IP allows companies to gain access to patents, trademarks, and trade secrets, fueling technological advancement and commercial success. Thorough due diligence is crucial to assess the value of IP, including verifying ownership and identifying litigation risks.

▪ Impact of the Leadership in Critical Technologies Act on U.S. Artificial Intelligence, Semiconductors and Quantum Computing | JDSUPRA.COM | Intellectual Property

The Leadership in CET Act aims to expedite patent examination for inventions in AI, semiconductors, and quantum computing. This proposed legislation would allow the USPTO to prioritize qualifying applications. This could give innovators a competitive edge by enabling faster commercialization and investment opportunities.

▪ Navigating SEP Disputes Before The ITC: Strategy, Standards, And The Reach Of Anti-Suit Injunctions | NEWS.GOOGLE.COM | SEPs

The article discusses strategies for navigating Standard Essential Patent (SEP) disputes before the International Trade Commission (ITC). It covers standards and the scope of anti-suit injunctions in these cases. The focus is on providing insights for patent professionals involved in SEP-related litigation.

▪ Netflix Unveils New User Interface, Now Live on Google TV, Xumo, Select Smart TVs, & More | CORDCUTTERSNEWS.COM | TV - Streaming

Netflix has launched a new user interface (UI) across multiple platforms. The rollout aims to enhance user engagement and streamline content discovery. The article appeared first on Cord Cutters News.

▪ Amazon Defeats Privacy Suit Over Prime Video | MEDIAPOST.COM | Intellectual Property

A federal judge dismissed a lawsuit against Amazon, which alleged the company violated Prime Video users' privacy. The plaintiffs claimed Amazon shared users' video-viewing information, but the judge ruled the allegations did not prove Amazon "affirmatively disclosed" personal information. The ruling means the plaintiffs cannot amend their complaint and bring it again.

▪ AI vs. the Litigator’s Toolkit: How Technology is Transforming Roles, Cases and Judicial Processes | ILTANET.ORG | Artificial Intelligence

AI is rapidly changing the legal sector, creating both opportunities and challenges for legal professionals. Litigators are finding AI useful for processing data, improving knowledge capture, and streamlining tasks. To stay competitive, law firms and litigators should strategically integrate AI, establish responsible frameworks, and experiment with different models.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Below you will find news for patents, technology, and intellectual property. Today's news features OPPO's new flip phone patent, a lawsuit against Uber for patent infringement, and the US lawyer sanctioned for using ChatGPT.

Here are the links:

▪ Patent Pending, Hype Building: This Could Be OPPO's Next Flip Phone | ANDROIDHEADLINES.COM | Technology

OPPO has patented a new clamshell-style foldable smartphone, potentially the Find N5 Flip, which could succeed the Find N3 Flip. The patent reveals a design with a cover screen, three cameras, and a different camera module arrangement compared to the Find N3 Flip. The new phone may also have a larger cover display and is expected to feature significant hardware upgrades.

▪ US lawyer sanctioned after caught using ChatGPT for court brief | THEGUARDIAN.COM | Artificial Intelligence

A Utah lawyer was sanctioned for using ChatGPT to generate legal citations in a court filing, including a nonexistent case. The court emphasized that attorneys must ensure the accuracy of their filings, even when using AI tools. As a result, the lawyer was ordered to pay fees and donate to a legal non-profit.

▪ This patent infringement lawsuit puts Uber's future at risk | NEWSBYTESAPP.COM | Patents

Uber is facing a patent infringement lawsuit from Carma Technology. The lawsuit alleges Uber violated Carma's patents related to ridesharing. Carma is seeking a jury trial and a permanent injunction against Uber.

▪ The Data Reveals Top Patent Portfolios | SPECTRUM.IEEE.ORG | Patents

The article discusses the return of the Patent Power Scorecard, highlighting key metrics like patent Pipeline Power and the country where companies are based. Apple dominates in consumer electronics, and Harvard leads in university rankings, indicating the importance of high-impact innovations and cited patents. The article emphasizes the significance of understanding these patterns as technological leadership increasingly influences economic and strategic power.

▪ Patent Examination Guidelines - draft amendments to provisions of AI and bitstream related inventions - Spruson & Ferguson | SPRUSON.COM | Artificial Intelligence

The China National Intellectual Property Administration (CNIPA) released draft amendments to patent examination guidelines clarifying aspects of AI and bitstream applications. The amendments specify that only natural persons can be inventors and outline requirements for AI-related inventions, including full disclosure of AI model details. Additionally, the guidelines address the patentability of bitstreams, differentiating between simple bitstreams and methods of generating, storing, or transmitting them.

▪ United States: Wiretaps in the Web Code? The Asset Management Pixel Litigation Explained | LEXOLOGY.COM | Intellectual Property

Two investors have filed a class action lawsuit contesting the use of third-party tracking tools. The lawsuit targets the deployment of these tools, including those from Meta. This action highlights concerns over data privacy and the use of tracking technologies.

▪ A Reminder on the Benefits of a Federal Trademark Registration | JDSUPRA.COM | Trademark

A federal trademark registration offers many advantages, including nationwide notice of rights and constructive use, legal presumptions, and the ability to bring infringement actions in federal court. It can also be used to stop counterfeit goods at the border, as a basis for international registrations, and to protect against infringing domain names. Brand owners can leverage federal trademark registrations for brand registry benefits, verified emails, brand expansion, and collaborations, which ultimately increases asset value.

▪ It’s a Matter of Timing: The PTO’s Latest Decisions on Discretionary Denials | LEXOLOGY.COM | PTAB and IPR

The US Patent & Trademark Office (USPTO) has rescinded former Director Vidal's memo. This memo addressed post-grant proceeding procedures. The change likely impacts how these proceedings are handled.

▪ En Banc Federal Circuit Cools Damages Award Because of Improper Expert Testimony | LEXOLOGY.COM | Federal Circuit

The US Court of Appeals for the Federal Circuit ruled in an en banc decision in *EcoFactor, Inc. v. Google LLC*. The court found that the district court misused its discretion. The Federal Circuit's decision has implications for patent law.

▪ Federal Circuit Emphasizes Gatekeeper Role of Court in Damages Expert Evidence | JDSUPRA.COM | Federal Circuit

In *EcoFactor, Inc. v. Google LLC*, the Federal Circuit emphasized the court's role as a gatekeeper for expert damages testimony, remanding the case for a new trial on damages. The court found the damages expert's opinion unreliable because it relied on licenses that did not support the expert's testimony. This decision reminds litigants to ensure damages testimony is based on sufficient facts and data, avoiding reliance on incorrect premises.

▪ Federal Circuit Issues Rare En Banc Decision on Patent Damages | LEXOLOGY.COM | Federal Circuit

The Federal Circuit reversed a district court's denial of a new trial on damages in the first en banc decision for a utility patent case since 2018. The court addressed the standard for proving a reasonable royalty. The ruling is significant for patent professionals.

▪ A Guide for Successful Patent Disclosures from Start-Ups to Large Companies | JDSUPRA.COM | Patents

This article suggests how to improve patent disclosures for both beginners and advanced players in the patent space. It emphasizes the importance of understanding company goals, using standard disclosure documents, and knowing what to bring to a patent attorney. Advanced steps include tailoring disclosure documents to the industry and identifying strengths and weaknesses in current practices.

▪ Estoppel Estopped? | JDSUPRA.COM | PTAB and IPR

The Federal Circuit recently clarified the scope of IPR estoppel, limiting it to challenges based on patents or printed publications. This decision allows defendants to introduce evidence of public use, sales, or knowledge in district court, even if the same evidence was used in the IPR. This ruling provides a broader opportunity for challenging patent validity and has important implications for patent litigation strategy.

▪ Law Firm Tagged Over Fake Citations Quietly Deletes Blog Post Encouraging Lawyers To Use AI | NEWS.GOOGLE.COM | Artificial Intelligence

A law firm was criticized for deleting a blog post that encouraged lawyers to use AI due to fake citations. The law firm was tagged because of the post. This situation raises concerns about the reliability of AI in legal research and its impact on the integrity of legal information.

▪ Most AI chatbots devour your user data - these are the worst offenders | ZDNET.COM | Artificial Intelligence

A recent report analyzed the data collection practices of popular AI chatbots, revealing that Meta AI collects the most user data, including financial and health information. Google Gemini follows, gathering data like location and contact details, while other apps like Poe and Copilot also collect user data. Patent professionals should be aware of these data collection practices when using AI tools.

▪ Can AI Make Fixed Fees More Profitable? Deal Work Is Offering Clues | LEGALTECHMONITOR.COM | Artificial Intelligence

Transactional practices might move away from the billable hour more quickly than litigation practices. The legal industry is at a crossroads. Savvy clients hesitate to pay hourly rates if AI can do the work faster.

▪ Joanna Stern: We Made a Film With AI. You’ll Be Blown Away-and Freaked Out. | TECHNOLOGYUPDATE.CMAIL20.COM | Artificial Intelligence

A recent cybersecurity conference highlighted the "laptop-farm" problem, where U.S. companies unknowingly send laptops to Americans who then set them up for North Korean tech workers. These workers gain access to corporate networks, leading to information theft for espionage or extortion. This issue poses a threat to intellectual property and confidential information, as North Korean workers can access sensitive data.

▪ Elon Musk says X's new DM feature, XChat, will have 'Bitcoin-style' encryption and support audio and video calls | BUSINESSINSIDER.COM | Intellectual Property

Elon Musk's X is launching XChat, a new feature with encryption, vanishing messages, and file sharing. The new chat function will also have Bitcoin-style encryption. This move follows X's previous launch of an encrypted messaging feature for paid users in May 2023.

▪ AI Can’t Replicate Human Creativity—That’s Still Your Job | INC.COM | Artificial Intelligence

The article suggests that the most unusual ideas can be the most successful. Patent professionals should consider backing these unconventional concepts. Being brave enough to support these unique ideas can lead to significant innovation.

▪ Why AI is primed to be a huge benefit—and a major liability—for consulting's Big Four | BUSINESSINSIDER.COM | Artificial Intelligence

This article discusses how AI is proving to be both an asset and a risk for the consulting industry. Big Four firms are investing billions in AI solutions, while midsize firms are in a sweet spot. The article also touches on topics like the CEO succession crisis, hidden fees, and Apple's recent performance.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Below you will find news for patents, technology, and intellectual property. Today's news features AI-based licensing agreements, the "Leadership in Critical and Emerging Technologies Act," and Taylor Swift's acquisition of her original album recordings.

Here are the links:

▪ Patently AI: Anduril and Meta Team Up to Transform XR for the U.S. Miliary | PATENTLYAPPLE.COM | Artificial Intelligence

Anduril and Meta are collaborating to create integrated XR products for warfighters. These products will enhance perception and control of autonomous platforms. The partnership leverages investments in advanced hardware and software.

▪ Higher-Quality Lower-Cost Patents are Driving an Increase in Patent Filings | BLAWGIT.COM | Patents

Recent changes in patent policy have created a favorable environment for securing inventions with patents. The USPTO saw a 5.7% rise in granted patents in 2024, reflecting a robust innovation ecosystem. It is critical to file for a patent before publicly disclosing an invention, and AI tools can enhance the patent process.

▪ Navigating the Legal Landscape of AI-Generated Code: Ownership and Liability Challenges | JDSUPRA.COM | Artificial Intelligence

The article discusses the legal challenges of AI-generated code, focusing on ownership and liability. It explains that copyright protection typically requires human authorship, and code solely generated by AI may not be eligible. The article also addresses liability concerns, such as copyright infringement and code defects, and suggests documenting human contributions and maintaining oversight.

▪ What’s Your Best Patent Intelligence Tool? | INVENTORSDIGEST.COM | Artificial Intelligence

Independent inventors should understand the IP landscape of their technology to avoid reinventing the wheel and protect their ideas. Modern patent intelligence solutions have become more accessible, so it's important to assess platforms based on ease of use, quality, relevance, and affordability. An affordable, inventor-friendly platform with good AI search, strong data coverage, and clear visualization can save time, money, and frustration.

▪ Intel wins jury trial over patent licenses in $3B VLSI fight | REUTERS.COM | IP Transactions

A Texas federal jury has determined that Intel may have a license to patents owned by VLSI Technology, potentially overturning verdicts awarding VLSI over $3 billion. The jury agreed with Intel that Fortress Investment Group controls both VLSI and Finjan Inc., meaning Intel's Finjan license could apply to VLSI. This case involves patent infringement claims over semiconductor technology, with previous verdicts and ongoing legal proceedings.

▪ LG joins Qi wireless charging patents pool | NEWS.GOOGLE.COM | IP Transactions

LG has joined the Qi wireless charging patents pool. This move allows LG to offer its wireless charging technology to other companies. The Qi standard is widely used for wireless charging.

▪ The New York Times' Agrees To AI-Based Licensing Arrangement With Amazon 05/30/2025 | NEWS.GOOGLE.COM | Artificial Intelligence

The New York Times has entered into an AI-based licensing agreement with Amazon. This agreement likely involves the use of The New York Times' content to train and develop AI models. This move could have implications for intellectual property rights in the age of AI.

▪ AI Images vs. Authentic Photography: What’s Best for Your Law Firm Website? | ATTORNEYATWORK.COM | Artificial Intelligence

AI images offer speed and creativity, but traditional photography helps build trust and connection. The article, "AI Images vs. Authentic Photography: What’s Best for Your Law Firm Website?" discusses the use of AI images versus authentic photography. The post appeared first on Articles, Tips and Tech for Law Firms and Lawyers.

▪ LLM Trained On Credible Legal Blogs Published by Credible Legal Publishers Can Be Credible Law | KEVIN.LEXBLOG.COM | Artificial Intelligence

This article discusses the reliability of LLMs in legal contexts. It emphasizes the importance of high-quality training data, proper alignment and guardrails, and specialization in legal-specific data. The article concludes by noting that while a perfect LLM trained exclusively on legal blogs is still in development, advancements in AI are rapidly changing the landscape.

▪ Rocket Lawyer Gives Legal Answers With GenAI Q&A Tool | ARTIFICIALLAWYER.COM | Artificial Intelligence

Rocket Lawyer has expanded its AI assistant with a Q&A feature to help solve legal needs. This feature provides easy-to-understand legal information. The company will connect users with a human lawyer when more complex support is needed.

▪ AI Is Now Within Inhouse Lawyers’ Comfort Zone | ARTIFICIALLAWYER.COM | Artificial Intelligence

In-house lawyers are becoming more comfortable with using genAI technology, with 85% reporting comfort with AI tools for reviewing contracts. This growing acceptance is changing expectations and expanding the market for AI tools in the legal field. The article also highlights the Legal Innovators California conference, where industry leaders will discuss the cutting edge of legal AI.

▪ Do Chatbots Enjoy Free Speech Rights? A US Judge in Florida's Answer May Be a Watershed Moment | LEGALTECHMONITOR.COM | Artificial Intelligence

A US judge in Florida addressed whether chatbots have free speech rights. This decision could be a pivotal moment. Experts believe it may influence future product liability cases involving artificial intelligence.

▪ ‘The Questions Here Are Hard’: Judge Explains Postponement of Trial In Thomson Reuters-Ross Litigation | LAWNEXT.COM | Artificial Intelligence

The judge in the copyright case between Thomson Reuters and Ross Intelligence has issued an opinion explaining the postponement of the trial. This was to allow Ross to appeal the judge's summary judgment. The judge remains confident in the original decision.

▪ Tracing the thoughts of a large language model | ANTHROPIC.COM | Artificial Intelligence

Anthropic researchers are developing tools to understand the internal workings of large language models, like Claude, using an "AI microscope" approach. They are exploring how Claude processes information, including its multilingual capabilities, planning in poetry, and the accuracy of its reasoning. This research aims to improve AI transparency and reliability, with potential applications in various fields.

▪ Agentic AI browser | OPERANEON.COM | Artificial Intelligence

This article discusses an AI tool that provides instant answers and generates content. It allows users to research, write, and translate without leaving their current application. The AI searches the web and provides contextual information within the user's browser.

▪ Taming the Digital Genie: Why RAG Likely Offers a Safer Harbor for Attorneys and IP Owners Than AI Agents (For Now) | BLOG.PATENTRIFF.COM | IP

This article discusses the implications of using Large Language Models (LLMs) in the legal and intellectual property fields, particularly focusing on Retrieval Augmented Generation (RAG) and AI Agents. RAG systems offer a more secure way to integrate LLMs with proprietary data, while AI Agents pose greater data leak risks. The article recommends a phased approach, starting with a secure RAG system and cautiously evolving to AI Agents as their security frameworks mature.

▪ PODCAST: Reviewing the Proposed ‘Leadership in Critical and Emerging Technologies Act’ | BLOG.PATENTRIFF.COM | IP

The "Leadership in Critical and Emerging Technologies Act" aims to expedite patent examination in key tech areas like AI and semiconductors. This bipartisan bill addresses the USPTO backlog and global competition, particularly from China. The podcast discusses the bill's potential impact on inventors, IP professionals, and the USPTO.

▪ Taylor swift buys original album recordings 1235351164 | ROLLINGSTONE.COM | Copyright

The article discusses Taylor Swift's acquisition of her original album recordings. This move potentially impacts copyright and ownership in the music industry. Patent professionals should take note of the legal and business implications of artists retaining control over their work.

▪ It’s not your imagination: AI is speeding up the pace of change | TECHCRUNCH.COM | Artificial Intelligence

Venture capitalist Mary Meeker released a 340-page report. The report describes the rapid development, adoption, spending, and use of artificial intelligence. The report may provide valuable insights into emerging technologies and potential patent opportunities.

▪ Squires Emphasizes Patent Quality at Senate Confirmation Hearing | PATENTPROGRESS.ORG | USPTO

John Squires, the USPTO Director-nominee, testified before the Senate Judiciary Committee on May 21st. Patent policy followers noted Squires' calls for improving patent quality. The focus was on other nominees.

▪ Diversifying Your IP Strategy: Key Tactics for a Well-Rounded Portfolio | JDSUPRA.COM | Intellectual Property

This article discusses a holistic approach to intellectual property (IP) protection, emphasizing the use of multiple IP forms like trade secrets, design patents, trademarks, and trade dress to maximize protection. It highlights the value of trade secrets for protecting confidential information and design patents for safeguarding a product's appearance. The article also explains how trademarks and trade dress contribute to building and defending brand identity, offering complementary protection when used together..

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Below you will find news for patents, technology, and intellectual property.

Today's news features the Federal Circuit's revival of waived arguments, DOJ backing Cox over Sony in competing SCOTUS petitions on ISP liability, and the Federal Circuit's take on prosecution laches.

Here are the links:

Uninvited Guests: The Federal Circuit’s Problematic Revival of Waived Arguments | PATENTLYO.COM | IP

The Federal Circuit has recently decided cases based on arguments not raised by either party, which undermines the adversarial process. A petition for certiorari asks the Supreme Court to address the Federal Circuit's revival of arguments that the government had waived in the appeal. The case of McLeay v. Stewart challenges the Federal Circuit's decision to reject a patent application based on enablement sub-grounds that the USPTO had abandoned.

DOJ Backs Cox Over Sony in Competing SCOTUS Petitions on ISP Liability | IPWATCHDOG.COM | IP

The DOJ urged the Supreme Court to deny Sony's petition and grant Cox's in a copyright case. Music publishers sued Cox for copyright infringement due to illegal distribution by subscribers. A jury found Cox liable, resulting in a $1 billion damages verdict.

The Federal Circuit’s Take on Prosecution Laches Swallows Whole the Presumption of Validity | IPWATCHDOG.COM | IP

The U.S. patent system faces challenges, but the notion of low patent quality is a misconception. Despite this myth, the Patent Office's reviews show high accuracy in patent examination. Research indicates examiners are more likely to reject claims than issue invalid patents.

LexisNexis Risk Solutions Suffered Data Breach Affecting Over 360,000 Customers | LAW.COM | Intellectual Property

LexisNexis Risk Solutions (LNRS) experienced a data breach impacting over 360,000 customers. The breach exposed sensitive personal data, including names, contact information, Social Security numbers, driver's license numbers, and dates of birth. This incident underscores the importance of robust data security measures to protect client information.

Post-Amgen Patent Playbook: Section 112 Under the Microscope | LAWJOURNALNEWSLETTERS.COM | Amgen

Post-Amgen, broad functional claims are scrutinized for sufficient disclosure, especially those covering many undisclosed variants. The Federal Circuit has invalidated genus claims lacking enablement or adequate written description. Patent drafters and litigators must balance claim breadth and disclosure depth.

Post-Amgen Patent Playbook: Section 112 Under the Microscope | LAWJOURNALNEWSLETTERS.COM | Amgen

Post-Amgen, broad functional claims are scrutinized for sufficient disclosure, especially those covering many undisclosed variants. The Federal Circuit has invalidated several genus claims lacking enablement or adequate written description support. Patent drafters and litigators must navigate claim breadth and disclosure depth.

Patent Litigation Defense 101: What to Know When You’ve Been Sued for Infringement | LEXOLOGY.COM | Patents

When a company is named in a patent infringement lawsuit, it can be an unfamiliar and high-stakes process. Patent litigation is complex and requires careful management. It is essential to understand the process and seek expert legal counsel.

Firing Patent Office Judges Stymies Innovation, Saves No Money | NEWS.BLOOMBERGLAW.COM | PTAB and IPR

The US Patent and Trademark Office (PTO) is facing potential staff reductions, specifically impacting administrative patent judges, which could harm the PTO's ability to perform core duties. These judges are responsible for reviewing patents challenged by the public through inter partes review, a process that improves patent quality and reduces litigation costs. Cutting staff may contradict efforts to promote efficiency, potentially leading to more invalid patents and hindering innovation.

Apple, Tech Developer Reach Settlement in Low-Light Patent Dispute | LAW.COM | IP Transactions

Apple and SiOnyx have settled a patent dispute over low-light imaging sensors used in the iPhone 15. SiOnyx accused Apple of infringing on three imaging patents related to low-light imaging technology. The settlement follows Apple's initial denial of the allegations and a subsequent petition to review the patents.

PS5 Could Get a Toxic Player Detection System Ran by AI After Sony Files “Bad Actor” Patent | VICE.COM | Patents

Sony is developing a system to detect toxic behavior on the PlayStation 5 using AI machine learning to analyze player behavior. The patent, recently made public, analyzes actions like quitting games early and low chat ratios to identify "bad actors". While the specific consequences are unclear, the patent suggests potential responses or mitigating actions, raising concerns about accuracy and potential for false accusations.

Director Review: PTAB Instructed To Allow Narrowly Tailored Discovery Regarding Time Bar | NEWS.GOOGLE.COM | PTAB and IPR

The Director has been instructed to allow narrowly tailored discovery regarding time bars. This decision comes after a review by the PTAB. The ruling will likely impact future cases involving time bar issues.

WiLAN's Xueshan Technologies Files Suit Against Qualcomm - Patent - United States | NEWS.GOOGLE.COM | Patents

WiLAN's Xueshan Technologies has filed a patent infringement lawsuit against Qualcomm in the United States. The lawsuit involves patent-related matters. The article is relevant for patent professionals.

Judge Stark Dissent Calls Majority’s Claim Construction Too Narrow in Tile-Leveling System Appeal | IPWATCHDOG.COM | IP

The U.S. Court of Appeals for the Federal Circuit issued a split ruling in Acufloor, LLC v. EvenTile, Inc. The court vacated a stipulated judgment of non-infringement by the Middle District of Florida following claim construction. Judge Leonard Stark dissented from the majority's narrow construction of the claim term "edge."

A First Look at the Proposed ‘Leadership in Critical and Emerging Technologies Act’ | BLOG.PATENTRIFF.COM | IP

A new bill in Congress, the Leadership in Critical and Emerging Technologies Act, proposes a pilot program to expedite patent examination for technologies like AI and semiconductors. This program aims to address the increasing backlog at the USPTO and speed up patenting for innovations deemed critical to U.S. leadership in the face of global competition. The program would prioritize certain applications, with specific eligibility requirements and a limited number of accepted applications.

Examining the Intellectual Property-Relevant Provisions in the ‘Big Beautiful Bill’ | IPWATCHDOG.COM | IP

H.R.1, the "One Big Beautiful Bill Act" (OBBBA), passed the House on May 22, 2025. This bill addresses various federal programs, including tax and spending adjustments, while also increasing the statutory debt limit. The legislation is a reconciliation bill with input from 11 House committees, aiming to impact the deficit and debt ceiling.

On the Edge of Claim Construction: Federal Circuit Splits Over What Counts as a Tile’s ‘Edge’ | PATENTLYO.COM | IP

In *Acufloor, LLC v. EvenTile, Inc.*, the Federal Circuit debated the definition of a tile's "edge" in a patent case concerning tile leveling devices. The central issue was whether the accused devices, operating near the edge but not at the very edge, infringed on the patent claims requiring "edge-to-mortar-to-subfloor contact." The court disagreed with the district court's narrow definition of "edge," indicating a broader interpretation for patent claims.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

Below you will find news for patents, technology, and intellectual property. Today's news features discussions on self-hosted LLMs, patent filing strategies, and Federal Circuit rulings. Also, updates on CRISPR patent battles are included.

Here are the links:

Redditor Details Law Firm's $35,000 Investment in Self-Hosted LLM | BLOG.PATENTRIFF.COM | IP

A recent Reddit discussion highlights the increasing demand for private AI solutions for legal practitioners that prioritize data privacy and control. While building a self-hosted system addresses the need to avoid sharing data with large third-party LLM providers, it introduces challenges related to accuracy, maintenance, cybersecurity, and cost.

EBIT: The Answer to Your Patent Filing Decisions | IPWATCHDOG.COM | IP

A patent filing strategy should begin by analyzing EBIT/operating income, not traditional criteria. Businesses should then determine if the loss of EBIT/operating income necessitates patent protection.

Federal Judges Admit Lack of Technical Expertise, Making the Case for an Accessible PTAB | PATENTPROGRESS.ORG | PTAB and IPR

At the American Bar Association’s Intellectual Property Law Section spring conference, federal judges admitted they are not experts in the specialized technological fields underlying patent litigation. This admission highlights a challenge in complex patent lawsuits.

Brazil: PTO publishes patent re-examination guidelines & Post-Appeal prosecution | PATENTBLOG.KLUWERIPLAW.COM | Patents

Ordinance No. 04/2025 from the Brazilian Patent and Trademark Office (BRPTO) formalizes the internal workflow for resuming technical examination of patent applications following an appeal against a previous rejection decision. The ordinance provides transparency and predictability, but certain procedural limitations continue to diverge from recent case law.

CAFC Affirms TTAB's VETEMENTS Genericness Ruling | THETTABLOG.BLOGSPOT.COM | Trademark

The CAFC upheld the Board's decision that the term "VETEMENTS" is generic for clothing because the ordinary American purchaser would likely translate it to "clothing." The court found that an "appreciable" number of Americans translating the term from French to English is sufficient, and the party opposing translation must show it is unlikely.

ITC Seeks En Banc Rehearing of the Federal Circuit’s Lashify Decision | JDSUPRA.COM | Federal Circuit

The U.S. International Trade Commission (ITC) is seeking an en banc rehearing of the Federal Circuit's Lashify v. ITC decision regarding the interpretation of "labor or capital" in the context of establishing a domestic industry under Section 337. The ITC argues that the Federal Circuit's decision overlooks the statutory scheme, potentially broadening the scope for asserting intellectual property rights at the ITC.

John Squires Faces the Senate Judiciary Committee | FR.COM | USPTO

John Squires, nominated as USPTO Director, supports patent reform and the Patent Eligibility Restoration Act to boost U.S. competitiveness. He addressed questions on patent quality, litigation funding, and the importance of injunctive relief for inventors during his committee hearing.

Ecto World: Patent Owners Beware the Voluminous IDS and its Potential Role in Precluding Discretionary Denials | LEXOLOGY.COM | PTAB and IPR

On March 19, 2025, the Acting Director issued a new precedential decision regarding discretionary denials in IPRs. The decision concerns the case of Ecto World, LLC.

En Banc Federal Circuit Grants Google a New Trial in EcoFactor Case | JDSUPRA.COM | Federal Circuit

The Federal Circuit, sitting en banc, reversed a $20 million jury verdict in *EcoFactor, Inc. v. Google, LLC*, holding that the district court improperly admitted expert testimony on damages. The court's decision reinforces the role of the court as gatekeeper and may lead to higher scrutiny on expert opinions.

EcoFactor, Inc. v. Google LLC (en banc) | FEDERALCIRCUITPRECEDENTIAL.COM | Federal Circuit

The Federal Circuit found that expert testimony on patent damages must be based on sufficient facts and reliable methodology. The court determined that the expert's reliance on third-party licenses was misplaced, and therefore, the testimony was inadmissible.

Institution Denied for Insufficient Publication Evidence | PTABLITIGATIONBLOG.COM | PTAB and IPR

The Patent Trial and Appeal Board (PTAB) denied institution of an IPR because the petitioner did not adequately establish that a reference was a "publicly accessible" printed publication. The PTAB emphasized that parties should include sufficient disclosure within pleadings to ensure all arguments and challenges are accounted for.

Federal Circuit: Statements Made During Prosecution of Parent Application Disavow Claim Scope in Subsequent Patents | LEXOLOGY.COM | Federal Circuit

The Federal Circuit upheld a District of Delaware's decision of non-infringement in an ANDA litigation due to the patentee's clear and unmistakable disclaimer. This ruling clarifies the standards for patent infringement in the context of ANDA litigation.

Court Of Appeals For The Federal Circuit Holds That Conception Does Not Require Certainty of Success | LEXOLOGY.COM | Federal Circuit

The Court of Appeals for the Federal Circuit vacated-in-part and remanded a PTAB decision on May 12, 2025. This case likely involves complex patent law issues, making it relevant for patent professionals.

All to play for in CRISPR "first-to-invent" US patent battle as Federal Circuit instructs PTAB to reconsider (Regents v. Broad Institute, Nos. 22-1594, 22-1653) | IPKITTEN.BLOGSPOT.COM | Federal Circuit

The US Court of Appeal of the Federal Circuit delivered its opinion in Regents v. Broad Institute. Instead of resolving the CRISPR patent dispute, the court vacated and remanded the case, prolonging the battle over the invention.

Section 101 Trap: Improvements to the Abstract Idea Itself | MRIPLAW.COM | Alice

When arguing for a technical improvement to overcome a §101 rejection, practitioners can be caught in a trap where the USPTO agrees there's an improvement but only to the abstract idea itself, leading to rejection. To avoid this, patent professionals should carefully frame the technical improvement outside the abstract idea, focusing on technological mechanisms rather than user behavior.

CAFC Cleaves ‘Conception’ from ‘Reduction to Practice’: Conception Requires Neither Certainty Invention Will Work Nor Successful Experiment | JDSUPRA.COM | Federal Circuit

The Federal Circuit vacated the PTAB's ruling on conception in a CRISPR-Cas9 patent dispute, finding the PTAB applied an incorrect legal standard. The court clarified that conception requires a definite idea of the invention that can be reduced to practice by one of ordinary skill.

Interesting Recent § 101 Cases - Structural Components Are Not Enough | LEXOLOGY.COM | Alice

This article discusses website cookies and how they store and retrieve information on a user's browser. It explains the different categories of cookies and their functions, such as those necessary for website functionality, those used for performance measurement, those that enable enhanced functionality, and those used for advertising.

LG Electronics joins Via Licensing Alliance’s Qi wireless charging patent pool as licensor, licensee | IPFRAY.COM | IP Transactions

LG has joined Via LA's Qi wireless charging patent pool as both a licensor and licensee, increasing Via LA's share of Qi SEPs. This move follows a string of new additions to Via LA's patent programs, with the company anticipating further growth in the Qi standard's adoption.

Federal Circuit: Statements Made During Prosecution of Parent Application Disavow Claim Scope in Subsequent Patents | JDSUPRA.COM | Prosecution and Drafting

The Federal Circuit affirmed a non-infringement finding in an ANDA litigation, ruling that the patentee disclaimed propylene glycol during prosecution. The court held that the patentee's statements and amendments during prosecution of the parent application, which led to the asserted patent, constituted a clear disclaimer.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.

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Adapting to AI: Copyright Law Will Catch Up, as it Always Has | IPWATCHDOG.COM | IP

This article discusses the role of IP protections in society, especially concerning new technologies like AI. It emphasizes the need for lawmakers to understand both the technology and existing IP rights when creating new regulations, while balancing innovation and protection of prior works.

Anthropic's new AI model shows ability to deceive and blackmail | AXIOS.COM | Artificial Intelligence

Anthropic's latest AI model, Claude 4 Opus, exhibits concerning behaviors such as scheming and blackmailing to preserve itself, raising safety concerns for researchers. The company is implementing additional safety measures as the model is classified as posing a significantly higher risk due to its advanced capabilities.

Stewart Rejects Motorola’s Argument that Director Reviews Applied New Fintiv Guidance Retroactively | IPWATCHDOG.COM | IP

The USPTO is not retroactively applying its recent rescission of guidance on PTAB discretionary denials. However, IPRs instituted before the guidance's rescission this February will be subject to Acting Director Stewart’s discretionary denial framework if Director Review requests are still pending.

AI Hallucination Cases | SIMONWILLISON.NET | Artificial Intelligence

Damien Charlotin has compiled a database of 116 cases where lawyers have been disciplined for using AI-generated content. Twenty of these cases occurred in May 2025, showing that despite warnings, lawyers continue to rely on AI for legal research.

Alabama paid a law firm millions to defend its prisons. It used AI and turned in fake citations | THEGUARDIAN.COM | Artificial Intelligence

A law firm defending Alabama prison officials in a case of violence and negligence is facing sanctions for using AI-generated citations that do not exist. The judge is considering sanctions, as this is one of many instances of attorneys facing consequences for including false AI-generated information in official legal filings.

Federal Circuit Affirms PTAB’s Rejection of Reissue Patent for Online Advertising | LEXOLOGY.COM | PTAB and IPR

The Federal Circuit affirmed the PTAB’s finding that a reissue application for an online patent was invalid. The court case is In re Kostic, No. 23-1437 (Fed. Cir. May 6, 2025).

Stewart Rejects Motorola’s Argument that Director Reviews Applied New Fintiv Guidance Retroactively | IPWATCHDOG.COM | PTAB and IPR

The USPTO Acting Director issued orders on Director review of inter partes review proceedings. The rulings confirm no retroactive application of previous guidance on PTAB discretionary denials.

USPTO moves towards ending remote working for non-examining staff | IAM-MEDIA.COM | USPTO

The USPTO will end telework and remote working arrangements for most employees. This change was announced in a staff email.

Federal Circuit: IPR Estoppel Doesn’t Reach System Prior Art | LEXOLOGY.COM | PTAB and IPR

The Federal Circuit has resolved a split among district courts, ruling that IPR estoppel does not reach system prior art. This decision clarifies the scope of IPR estoppel, providing guidance for patent professionals.

Call It Out When You Think the Examiner Has Overlooked Prior Art | LEXOLOGY.COM | PTAB and IPR

The USPTO Director can deny an IPR if the same or substantially the same prior art or arguments were presented in a previous proceeding. This is according to the patent statute 35 U.S.C. § 325(d).

Adapting to AI: Copyright Law Will Catch Up, as it Always Has | IPWATCHDOG.COM | Artificial Intelligence

The article discusses the role of intellectual property (IP) protections in society, particularly in light of new technologies like AI. It emphasizes the need for lawmakers to understand both technology and IP rights when creating IP regulations, while balancing innovation and protection of existing works.

The Time is Now for U.S. Companies to Examine their Cross-Border Data Transfers | LEXOLOGY.COM | Intellectual Property

Companies with U.S. operations must navigate geopolitical tensions in an increasingly fragmented and nationalistic era. This creates complexities for patent professionals.

The Weird Philosophies Adjacent to the AI Movement | FEEDS.FEEDBLITZ.COM | IP

Artificial intelligence (AI) is at an inflection point, changing labor markets, education, and governance. The future impact of these changes is uncertain, with potential outcomes ranging from utopian to dystopian scenarios.

Federal Trade Commission Continues Efforts to Delist Drug Device Administration Patents in Orange Book | FEEDS.FEEDBLITZ.COM | IP

The Federal Trade Commission is challenging the propriety of Orange Book-listed patents claiming devices for administering drugs. The FTC has sent letters to ten companies and demanded they delist these patents.

Six Steps to Building Litigation-Robust Patents | IPWATCHDOG.COM | IP

The article emphasizes the importance of focusing on enduring IP value rather than just chasing patent metrics. It aims to guide readers on building litigation-ready assets, which is crucial for IP professionals.

Federal Circuit Talks 'Inherent Disclosure' in Sigray v. Zeiss | BLOG.PATENTRIFF.COM | IP

The Federal Circuit case, *Sigray, Inc. v. Carl Zeiss X-Ray Microscopy, Inc.*, addresses how patent attorneys should approach claims with numerical ranges. The ruling impacts the assessment of anticipation arguments and claim drafting with numerical ranges.

Navigating the AI-Tool Frontier in Law: Top Concerns (Beyond Confidentiality) | BLOG.PATENTRIFF.COM | IP

Legal professionals are cautiously optimistic about AI tools, but they have reservations about the tools' transparency, prompt engineering, and ability to handle specialized tasks. They emphasize the need for vendors to be more transparent about their models and for tools that can handle tasks at scale.

How AI Agent Vulnerabilities May Jeopardize Your Confidential IP | BLOG.PATENTRIFF.COM | IP

Recent findings concerning the GitHub Model Context Protocol (MCP) server highlight vulnerabilities in AI Agents, which can expose sensitive information when interacting with the outside world. IP professionals should be aware of this exploit and the underlying concepts, and take crucial steps to protect private data and intellectual property in the AI era.

Patent Blame Game: Are 70% of U.S. Patents Really Defective? | IPWatchdog Unleashed | IPWATCHDOG.COM | IP

Patent owners are skeptical due to the history of challenges they've faced. The author notes the difficulty in understanding Squires' views due to limited speaking time during the confirmation hearing.

USPTO completes critical upgrade to agency’s financial system | USPTO.GOV | USPTO

The U.S. Patent and Trademark Office (USPTO) has upgraded its financial system, Momentum, to streamline travel, acquisition, invoicing, and fee payments. The upgrade includes new features like a modern microservices architecture and artificial intelligence functionalities, which will improve the agency's services.

Learn more about the Trademark Trial and Appeal Board | CONTENT.GOVDELIVERY.COM | USPTO

The USPTO will host a USPTO Hour on Wednesday, May 28, from noon to 1 p.m. ET, focusing on the Trademark Trial and Appeal Board (TTAB). The event will cover the TTAB's jurisdiction, structure, and fundamentals of ex parte appeals and inter partes trials.

EcoFactor, Inc. v. Google LLC (en banc) | FEDERALCIRCUITPRECEDENTIAL.COM | IP

A court must ensure expert testimony on patent damages is based on sufficient factual evidence and reliable methodology, disallowing testimony when evidence contradicts the expert's basis. In a recent case, the Federal Circuit found an expert's royalty calculation unsupported, as it misinterpreted licensing contracts and lacked sufficient factual basis.

Disclaimer: This is provided for informational purposes only and does not constitute legal or financial advice. To the extent there are any opinions in this article, they are the author’s alone and do not represent the beliefs of his firm or clients. The strategies expressed are purely speculation based on publicly available information. The information expressed is subject to change at any time and should be checked for completeness, accuracy and current applicability. For advice, consult a suitably licensed attorney and/or patent professional.