OpenSky Reply Brief Argues USPTO Concedes Noerr-Pennington Flaw in Original Sanctions Ruling

Last week, patent challenging entity OpenSky Industries filed a reply brief as cross-appellant at the U.S. Court of Appeals for the Federal Circuit (CAFC) in patent owner VLSI Technology’s appeal of a sanctions ruling by former U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal. Although VLSI challenges Vidal’s ruling for failing the requirements of the Administrative Procedures Act (APA) and for joining Intel to OpenSky’s patent challenge despite the time-barred nature of Intel’s validity challenge, OpenSky contends that the agency continues to engage in post-hoc rationalization of its sanctions determination and deprived OpenSky of an opportunity to cure and be heard on its Noerr-Pennington immunity argument.

Giving Thanks in 2025: What IP Practitioners are Grateful for This Year

This year has brought change and disruption across the board, and that certainly holds true in the realm of intellectual property. With a new U.S. Patent and Trademark Office (USPTO) Director in Office, and a new presidential administration pulling the strings, has come significant change. While many welcome the shake-up, others view this rapid shift as a challenge, and that is reflected in the comments below. However, one common thread seems to run through most submissions we received this year, and that is that IP practitioners are thankful for the companionship they’ve found in the IP bar and the fellowship they feel towards their colleagues.

USPTO and DOJ Warn Against Using Public Interest as Barrier to Patent Enforcement at ITC

The U.S. Patent and Trademark Office (USPTO) and the U.S. Department of Justice (DOJ) filed a joint public interest comment with the U.S. International Trade Commission (ITC) on Tuesday, arguing that the strong enforcement of valid patent rights best serves the public interest. The filing, in the context of an ITC investigation into certain dynamic random access memory (DRAM) devices, asserts that exclusion orders should be the presumptive remedy for infringement.

USPTO Issues New AI Inventorship Guidance, Snubs Vidal’s Approach

The U.S. Patent and Trademark Office (USPTO) has rescinded its AI Inventorship guidance issued in February 2024 under the previous USPTO administration and published new guidance emphasizing that the Pannu factors for joint inventorship do not apply in the context of an AI invention involving a single inventor. The guidance issued on February 13, 2024, under previous USPTO Director Kathi Vidal discussed the relevance of the three-part test articulated in Pannu v. Iolab Corp. in determining inventorship in the context of AI-assisted inventions.

Gratitude in Motion: Why Freedom to Operate Is the True Blessing of Innovation

Every November, we gather around tables filled with the fruits of hard work and gratitude. It’s a season that reminds us to pause and appreciate not only what we’ve built, but also the unseen effort and foresight that made it possible. In innovation, that same kind of gratitude is found in something often overlooked but profoundly important: Freedom to Operate (FTO). Most founders understand the excitement of being patent pending. But few truly grasp what it means to be free to operate. The two are not the same.

CAFC Affirms Attorneys’ Fees Award for Google Due to Frivolous Nature of Suit

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision in EscapeX IP, LLC v. Google LLC, affirming a district court’s award of more than $250,000 in attorneys’ fees to Google. The ruling found that EscapeX IP, LLC had pursued a “frivolous” patent infringement lawsuit against Google LLC and that its attorneys had acted recklessly in prolonging the litigation.

Federal Circuit Affirms Win for Akamai Invalidating Streaming Patent Claims

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming a district court decision that found claims of MediaPointe, Inc.’s patents for internet streaming technology either invalid as indefinite or not infringed. The decision was authored by Judge Taranto. Akamai Technologies, Inc. sued MediaPointe in 2022, seeking a declaratory judgment of non-infringement of MediaPointe’s U.S. Patent No. 8,559,426 and its child, U.S. Patent No. 9,426,195. MediaPointe counterclaimed for infringement of both patents and Akamai counterclaimed for judgment of invalidity of all claims of both patents.

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