Other Barks & Bites for Friday, June 5: Trump Auto Industry Comments Bolster REPAIR Act; House IP Subcommittee Debates Generics Legislation Following Hikma; and X Seeks Modification of FTC Order on Account Security

This Week in Other Barks & Bites: the Seventh Circuit remands a Schedule A trademark case to determine whether the Hague Convention’s terms on proper service apply to particular Chinese defendants; President Donald Trump criticizes the automotive industry’s alleged efforts to impede consumer choice on auto repairs; he Eleventh Circuit finds no valid copyright termination notice sent in a case involving members of 2 Live Crew; and more.

Harrity & Harrity is Seeking a Patent Prosecution Attorney/Agent for 5G/6G

Harrity & Harrity, LLP is looking for remote (within the U.S.) or local patent professional superstars to prosecute 5G patent applications for leading global technology companies, including numerous Patent 300® companies.

Hikma Ruling Looms Large in House IP Subcommittee Hearing Debating Legislation Favoring Generic Drugmakers

At approximately the same moment that the U.S. Supreme Court handed down today’s landmark ruling in Hikma v. Amarin, the House Judiciary’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet began a hearing on balancing medical innovation and access to generic drugs. Much of the hearing’s discussion was focused on proposed patent bills that favor generic drug makers–though whether they would ensure that Americans actually pay less for any drug, branded or otherwise, remains unclear.

SCOTUS’ Hikma Ruling Changes the Game for Induced Infringement Pleadings

The U.S. Supreme Court today issued its decision in Hikma Pharmaceuticals USA v. Amarin Pharma, Inc., holding that Amarin failed to “plausibly allege” that Hikma actively induced infringement of its “icosapent ethyl” product,  marketed as Vascepa. The decision, which was originally seen as a so-called skinny label case applying narrowly to the pharmaceutical industry and Hatch-Waxman litigation, scolded the U.S. Court of Appeals for the Federal Circuit (CAFC) for its recent approach and has potentially far-reaching implications for the induced infringement standard across sectors.

NCLA Reply Brief Argues Statutory Bar Cannot Shield Review of Judicial Council’s Suspension of Judge Newman

The New Civil Liberties Alliance (NCLA) this week filed a reply brief in the U.S. Supreme Court on behalf of U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman. The reply brief responded directly to the opposition brief filed by the Solicitor General, representing the Judicial Council of the Federal Circuit, on May 12, which urged the Court to deny review of Newman’s petition.

USPTO Updates Its SMED Guidance — and Signals That It’s Working

On April 30, 2026, U.S. Patent and Trademark Office (USPTO) Director John A. Squires issued an updated memorandum on Best Practices for Submission of Rule 132 Subject Matter Eligibility Declarations (SMEDs), “superseding” the December 4, 2025, memos that launched the current iteration of the SMED program. While the April 30 memo introduces no substantive changes to the underlying framework — the principles of the original SMED Examiner Memo, the relevant Manual of Patent Examining Procedure (MPEP) provisions, and the Alice/Mayo two-step analysis all remain — the update matters to practitioners for at least two reasons: it confirms that SMEDs are actually working, and it signals that the Office intends to refine the guidance over time as practitioners gain more experience with the tool.

ArentFox Schiff LLP is Seeking a Patent Attorney/Patent Agent

ArentFox Schiff LLP is seeking a patent attorney or patent agent with five or more years of experience to join the firm’s Intellectual Property practice in San Francisco. The successful candidate will draft and prosecute U.S. and worldwide patent applications in a client-facing role that requires direct engagement with inventors and scientists. For attorney candidates, this is a non-partnership track position. A bachelor’s degree or higher in Electrical Engineering, Patent Bar registration, and demonstrated expertise in wireless telecommunications — including 5G/6G and WiFi — are required. Strong written, oral, and organizational skills are essential. Current experience preparing patent applications for Qualcomm is highly preferred, and additional experience in areas such as power devices, analog circuits, medical devices, software, mechanical devices, or 3D printing is a plus.

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