LINKS: PatentRiff Roundup for June 12, 2025
Featuring news about the USPTO and AI, reintroduction of the PREVAIL Act, and the start of the Getty Images v Stability AI trial.
Welcome to the PatentRiff Links Roundup for June 12, 2025. Below you will find news for patents, technology, and intellectual property.
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.
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 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.
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.
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.
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.
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.
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.
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.