LINKS: PatentRiff Roundup for June 1, 2025
Today’s links and news discuss another ChatGPT lawyer, some insight into the Federal Circuit, and AI news from Elon Musk.
Welcome to the PatentRiff Links Roundup for June 1, 2025.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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'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.
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.