LINKS: PatentRiff Roundup for May 29, 2025
Today's news features discussions on the Federal Circuit, the DOJ, and prosecution laches
Welcome to the PatentRiff Links Roundup for May 29, 2025.
Below you will find news for patents, technology, and intellectual property.
Today's news features the Federal Circuit's revival of waived arguments, DOJ backing Cox over Sony in competing SCOTUS petitions on ISP liability, and the Federal Circuit's take on prosecution laches.
Here are the links:
Uninvited Guests: The Federal Circuit’s Problematic Revival of Waived Arguments | PATENTLYO.COM | IP
The Federal Circuit has recently decided cases based on arguments not raised by either party, which undermines the adversarial process. A petition for certiorari asks the Supreme Court to address the Federal Circuit's revival of arguments that the government had waived in the appeal. The case of McLeay v. Stewart challenges the Federal Circuit's decision to reject a patent application based on enablement sub-grounds that the USPTO had abandoned.
DOJ Backs Cox Over Sony in Competing SCOTUS Petitions on ISP Liability | IPWATCHDOG.COM | IP
The DOJ urged the Supreme Court to deny Sony's petition and grant Cox's in a copyright case. Music publishers sued Cox for copyright infringement due to illegal distribution by subscribers. A jury found Cox liable, resulting in a $1 billion damages verdict.
The U.S. patent system faces challenges, but the notion of low patent quality is a misconception. Despite this myth, the Patent Office's reviews show high accuracy in patent examination. Research indicates examiners are more likely to reject claims than issue invalid patents.
LexisNexis Risk Solutions (LNRS) experienced a data breach impacting over 360,000 customers. The breach exposed sensitive personal data, including names, contact information, Social Security numbers, driver's license numbers, and dates of birth. This incident underscores the importance of robust data security measures to protect client information.
Post-Amgen Patent Playbook: Section 112 Under the Microscope | LAWJOURNALNEWSLETTERS.COM | Amgen
Post-Amgen, broad functional claims are scrutinized for sufficient disclosure, especially those covering many undisclosed variants. The Federal Circuit has invalidated genus claims lacking enablement or adequate written description. Patent drafters and litigators must balance claim breadth and disclosure depth.
Post-Amgen Patent Playbook: Section 112 Under the Microscope | LAWJOURNALNEWSLETTERS.COM | Amgen
Post-Amgen, broad functional claims are scrutinized for sufficient disclosure, especially those covering many undisclosed variants. The Federal Circuit has invalidated several genus claims lacking enablement or adequate written description support. Patent drafters and litigators must navigate claim breadth and disclosure depth.
When a company is named in a patent infringement lawsuit, it can be an unfamiliar and high-stakes process. Patent litigation is complex and requires careful management. It is essential to understand the process and seek expert legal counsel.
The US Patent and Trademark Office (PTO) is facing potential staff reductions, specifically impacting administrative patent judges, which could harm the PTO's ability to perform core duties. These judges are responsible for reviewing patents challenged by the public through inter partes review, a process that improves patent quality and reduces litigation costs. Cutting staff may contradict efforts to promote efficiency, potentially leading to more invalid patents and hindering innovation.
Apple, Tech Developer Reach Settlement in Low-Light Patent Dispute | LAW.COM | IP Transactions
Apple and SiOnyx have settled a patent dispute over low-light imaging sensors used in the iPhone 15. SiOnyx accused Apple of infringing on three imaging patents related to low-light imaging technology. The settlement follows Apple's initial denial of the allegations and a subsequent petition to review the patents.
Sony is developing a system to detect toxic behavior on the PlayStation 5 using AI machine learning to analyze player behavior. The patent, recently made public, analyzes actions like quitting games early and low chat ratios to identify "bad actors". While the specific consequences are unclear, the patent suggests potential responses or mitigating actions, raising concerns about accuracy and potential for false accusations.
The Director has been instructed to allow narrowly tailored discovery regarding time bars. This decision comes after a review by the PTAB. The ruling will likely impact future cases involving time bar issues.
WiLAN's Xueshan Technologies has filed a patent infringement lawsuit against Qualcomm in the United States. The lawsuit involves patent-related matters. The article is relevant for patent professionals.
The U.S. Court of Appeals for the Federal Circuit issued a split ruling in Acufloor, LLC v. EvenTile, Inc. The court vacated a stipulated judgment of non-infringement by the Middle District of Florida following claim construction. Judge Leonard Stark dissented from the majority's narrow construction of the claim term "edge."
A new bill in Congress, the Leadership in Critical and Emerging Technologies Act, proposes a pilot program to expedite patent examination for technologies like AI and semiconductors. This program aims to address the increasing backlog at the USPTO and speed up patenting for innovations deemed critical to U.S. leadership in the face of global competition. The program would prioritize certain applications, with specific eligibility requirements and a limited number of accepted applications.
H.R.1, the "One Big Beautiful Bill Act" (OBBBA), passed the House on May 22, 2025. This bill addresses various federal programs, including tax and spending adjustments, while also increasing the statutory debt limit. The legislation is a reconciliation bill with input from 11 House committees, aiming to impact the deficit and debt ceiling.
In *Acufloor, LLC v. EvenTile, Inc.*, the Federal Circuit debated the definition of a tile's "edge" in a patent case concerning tile leveling devices. The central issue was whether the accused devices, operating near the edge but not at the very edge, infringed on the patent claims requiring "edge-to-mortar-to-subfloor contact." The court disagreed with the district court's narrow definition of "edge," indicating a broader interpretation for patent claims.
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