LINKS: PatentRiff Roundup for June 17, 2025
Featuring news about attorney citation of nonexistent cases, Timbaland's AI usage, and news on a Canadian GLP-1 patent
Welcome to the PatentRiff Links Roundup for June 17, 2025. Below you will find news for patents, technology, and intellectual property.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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..
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