LINKS: PatentRiff Roundup for June 5, 2025
Featuring news about LLMs, AI copyright issues, and the USPTO
Welcome to the PatentRiff Links Roundup for June 4-5, 2025.
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.
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.
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.
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.
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.
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.
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 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 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.
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 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.
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.
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.