LINKS: PatentRiff Roundup for June 3, 2025
Today's news features discussions on the Federal Circuit, SEPs, and Oreo TMs
Welcome to the PatentRiff Links Roundup for June 2-3, 2025. Below you will find news for patents, technology, and intellectual property. Today's news features the PTAB, Crypto patents, Chips Ahoy and Oreo maker sues grocery chain Aldi over similar packing, and AI vs. the Litigator.
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.
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.
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.
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 (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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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 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.