LINKS: PatentRiff Roundup for May 28, 2025
Today's news features discussions on self-hosted LLMs, patent filing strategies, and Federal Circuit rulings
Welcome to the PatentRiff Links Roundup for May 28, 2025.
Below you will find news for patents, technology, and intellectual property. Today's news features discussions on self-hosted LLMs, patent filing strategies, and Federal Circuit rulings. Also, updates on CRISPR patent battles are included.
Here are the links:
Redditor Details Law Firm's $35,000 Investment in Self-Hosted LLM | BLOG.PATENTRIFF.COM | IP
A recent Reddit discussion highlights the increasing demand for private AI solutions for legal practitioners that prioritize data privacy and control. While building a self-hosted system addresses the need to avoid sharing data with large third-party LLM providers, it introduces challenges related to accuracy, maintenance, cybersecurity, and cost.
EBIT: The Answer to Your Patent Filing Decisions | IPWATCHDOG.COM | IP
A patent filing strategy should begin by analyzing EBIT/operating income, not traditional criteria. Businesses should then determine if the loss of EBIT/operating income necessitates patent protection.
At the American Bar Association’s Intellectual Property Law Section spring conference, federal judges admitted they are not experts in the specialized technological fields underlying patent litigation. This admission highlights a challenge in complex patent lawsuits.
Ordinance No. 04/2025 from the Brazilian Patent and Trademark Office (BRPTO) formalizes the internal workflow for resuming technical examination of patent applications following an appeal against a previous rejection decision. The ordinance provides transparency and predictability, but certain procedural limitations continue to diverge from recent case law.
CAFC Affirms TTAB's VETEMENTS Genericness Ruling | THETTABLOG.BLOGSPOT.COM | Trademark
The CAFC upheld the Board's decision that the term "VETEMENTS" is generic for clothing because the ordinary American purchaser would likely translate it to "clothing." The court found that an "appreciable" number of Americans translating the term from French to English is sufficient, and the party opposing translation must show it is unlikely.
The U.S. International Trade Commission (ITC) is seeking an en banc rehearing of the Federal Circuit's Lashify v. ITC decision regarding the interpretation of "labor or capital" in the context of establishing a domestic industry under Section 337. The ITC argues that the Federal Circuit's decision overlooks the statutory scheme, potentially broadening the scope for asserting intellectual property rights at the ITC.
John Squires Faces the Senate Judiciary Committee | FR.COM | USPTO
John Squires, nominated as USPTO Director, supports patent reform and the Patent Eligibility Restoration Act to boost U.S. competitiveness. He addressed questions on patent quality, litigation funding, and the importance of injunctive relief for inventors during his committee hearing.
On March 19, 2025, the Acting Director issued a new precedential decision regarding discretionary denials in IPRs. The decision concerns the case of Ecto World, LLC.
En Banc Federal Circuit Grants Google a New Trial in EcoFactor Case | JDSUPRA.COM | Federal Circuit
The Federal Circuit, sitting en banc, reversed a $20 million jury verdict in *EcoFactor, Inc. v. Google, LLC*, holding that the district court improperly admitted expert testimony on damages. The court's decision reinforces the role of the court as gatekeeper and may lead to higher scrutiny on expert opinions.
EcoFactor, Inc. v. Google LLC (en banc) | FEDERALCIRCUITPRECEDENTIAL.COM | Federal Circuit
The Federal Circuit found that expert testimony on patent damages must be based on sufficient facts and reliable methodology. The court determined that the expert's reliance on third-party licenses was misplaced, and therefore, the testimony was inadmissible.
Institution Denied for Insufficient Publication Evidence | PTABLITIGATIONBLOG.COM | PTAB and IPR
The Patent Trial and Appeal Board (PTAB) denied institution of an IPR because the petitioner did not adequately establish that a reference was a "publicly accessible" printed publication. The PTAB emphasized that parties should include sufficient disclosure within pleadings to ensure all arguments and challenges are accounted for.
The Federal Circuit upheld a District of Delaware's decision of non-infringement in an ANDA litigation due to the patentee's clear and unmistakable disclaimer. This ruling clarifies the standards for patent infringement in the context of ANDA litigation.
The Court of Appeals for the Federal Circuit vacated-in-part and remanded a PTAB decision on May 12, 2025. This case likely involves complex patent law issues, making it relevant for patent professionals.
The US Court of Appeal of the Federal Circuit delivered its opinion in Regents v. Broad Institute. Instead of resolving the CRISPR patent dispute, the court vacated and remanded the case, prolonging the battle over the invention.
Section 101 Trap: Improvements to the Abstract Idea Itself | MRIPLAW.COM | Alice
When arguing for a technical improvement to overcome a §101 rejection, practitioners can be caught in a trap where the USPTO agrees there's an improvement but only to the abstract idea itself, leading to rejection. To avoid this, patent professionals should carefully frame the technical improvement outside the abstract idea, focusing on technological mechanisms rather than user behavior.
The Federal Circuit vacated the PTAB's ruling on conception in a CRISPR-Cas9 patent dispute, finding the PTAB applied an incorrect legal standard. The court clarified that conception requires a definite idea of the invention that can be reduced to practice by one of ordinary skill.
Interesting Recent § 101 Cases - Structural Components Are Not Enough | LEXOLOGY.COM | Alice
This article discusses website cookies and how they store and retrieve information on a user's browser. It explains the different categories of cookies and their functions, such as those necessary for website functionality, those used for performance measurement, those that enable enhanced functionality, and those used for advertising.
LG has joined Via LA's Qi wireless charging patent pool as both a licensor and licensee, increasing Via LA's share of Qi SEPs. This move follows a string of new additions to Via LA's patent programs, with the company anticipating further growth in the Qi standard's adoption.
The Federal Circuit affirmed a non-infringement finding in an ANDA litigation, ruling that the patentee disclaimed propylene glycol during prosecution. The court held that the patentee's statements and amendments during prosecution of the parent application, which led to the asserted patent, constituted a clear disclaimer.
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.