Other Barks & Bites for Friday, October 9: Korean Trademark Probe Shows Royalties Up 69% Since 2018; AAFA Urges USTR to Add Meta to Notorious Markets List; Ninth Circuit Finds Refusal to Deal in Invisalign Antitrust Case

This week in Other Barks & Bites: record quarterly profits reported by Samsung Electronics belie an AI chip shortage likely to last into 2028; a major American apparel industry organization calls for the inclusion of Meta’s Facebook and Instagram in the USTR’s Notorious Markets List; copyright advocates tell Australia’s Parliament that an opt-out framework for AI model training is not feasible; and more.

Postcards from WIPO: What’s Ahead for IP in Geneva This Fall

I am pleased to introduce “Postcard from WIPO,” a new occasional series for the U.S. intellectual property community. Having spent much of my career working on IP issues in the United States, including as Deputy Director of the U.S. Patent and Trademark Office (USPTO), I know how important it is to understand what is happening in the international IP system. From Geneva, I now have a different vantage point on that work, and I would like to share it with you.

Challenging the Validity of an EU Trademark Outside the Courtroom: The CJEU Advocate General’s Approach

A defendant facing an action for infringement of an EU trademark may challenge the validity of that trademark by filing a counterclaim before the EU trademark court. But what happens if the defendant does not do so? Is the opportunity to challenge the trademark’s validity lost, or may the defendant later seek a declaration of invalidity from the European Union Intellectual Property Office (EUIPO)?

AI Verification and Trade Secrets: A Cross-Border Framework

One possible framework for protecting trade secrets while regulating AI is an International AI Assurance and Access Compact, organized around “verifiable reciprocity.” Participating jurisdictions would recognize defined compliance findings in exchange for comparable verification obligations, alongside commitments to fund regulatory capacity. This is a proposed arrangement, not existing law. Its consequences for intellectual property (IP) turn on what evidence travels across borders and what rights remain unaffected.

Copyright Office Solicits Comment on Music Streaming Fraud

Today, the U.S. Copyright Office published a notice of inquiry (NOI) in the Federal Register soliciting public comment on issues related to music piracy threatening billions in U.S. domestic revenues generated by digital streaming. The Office’s NOI responds to a request into the prevalence of streaming fraud across the music industry issued by U.S. Representative Scott Fitzgerald (R-WI), who also voiced concerns about generative artificial intelligence’s (AI) impact on the music industry.

CAFC Upholds PTAB Indefiniteness Rejections of Pro Se Applicant’s Message Notation Application

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in In re Gamble affirming a Patent Trial and Appeal Board (PTAB) decision that sustained an examiner’s rejection of multiple claims of U.S. Patent Application No. 17/490,077 as indefinite under 35 U.S.C. Section 112(b). The CAFC concluded that Oliver Wendel Gamble, who represented himself, forfeited any substantive argument on indefiniteness before the Board and on appeal.

After Three Years, Chief Justice Transfers Newman’s Case to Eleventh Circuit Judicial Council

Following the U.S. Supreme Court’s denial of Judge Pauline Newman’s petition for certiorari in June, the Chief Justice of the United States has transferred Newman’s judicial misconduct case to the Eleventh Circuit Judicial Council. Newman has been asking for her case to be transferred for more than three years. According to an Eleventh Circuit Order published today, the Chief Justice transferred Newman’s complaint “and any pending or new complaints relating to the same subject matter” to the Eleventh Circuit Judicial Council on August 19, 2026.

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