Other Barks & Bites for Friday, October 16: Comcast Hit With $213 Million Streaming Video Verdict; CAFC Affirms Invalidation of Remote Telehealth Patent Claims; and CJEU AG Biondi Says TikTok is Gatekeeper Under DMA

This week in Other Barks & Bites: Liquidia announces a global settlement of patent infringement claims with United Therapeutics allowing sales of Yutrepia to continue; Senators Maria Cantwell (D-WA) and Mike Rounds (R-SD) author a letter urging a coordinated federal response to artificial intelligence (AI) safety concerns; Advocate General Biondi tells the Court of Justice for the European Union to dismiss TikTok’s challenge to its gatekeeper designation; and more.

Abandoning Bayh-Dole Endangers U.S. Innovation

Imagine a law which costs taxpayers nothing and creates no bureaucracy, all while providing critical incentives for turning billions of dollars of previously untapped government funded research into new products, companies and jobs which help drive American competitiveness. Imagine that this law is a recognized gold standard which our rivals are adopting. Now imagine that some voices are calling for us to abandon that model even though its documented impact has hit unprecedented levels.

Innovation Alliance Pushes for Trump Admin to Finalize Proposed PTAB Changes

On the eve of the one-year anniversary of the U.S. Patent and Trademark Office’s (USPTO’s) Notice of Proposed Rulemaking (NPRM) to revise the rules of practice for the Patent Trial and Appeal Board (PTAB), the Innovation Alliance is urging the administration to finalize the proposal. The NPRM was published on October 16, 2025, with the aim of focusing inter partes review (IPR) proceedings “on patent claims that have not previously been challenged in litigation or where prior litigation was resolved at an early stage.”

Judge Says Amazon Must Face Direct and Vicarious Copyright Claims Over Merch on Demand Products

An Ohio judge has ruled that Amazon must face trial on claims that its Merch on Demand service directly and vicariously infringed an apparel company’s copyrights, although the company’s contributory-infringement claim was dismissed. In an October 14 opinion, U.S. District Judge Douglas R. Cole of the Southern District of Ohio denied Amazon and plaintiff Weekend Warrior Clothing LLC—a T-shirt company founded by two brothers—summary judgment on most of their competing claims.

CAFC Affirms Win for Hulu Due to Ineligibility of Digital Ad Tech Claims

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a decision for Hulu, LLC that dismissed a patent infringement suit brought by Piranha Media Distribution LLC because the asserted claims were found to be patent ineligible. The opinion was authored by Judge Cunningham. Piranha claimed that Hulu infringed its U.S. Patent Nos. 10,986,403 and 11,463,768, which relate to systems for integrating advertisements in digital media. The U.S. District Court for the Central District of California granted Hulu’s motion to dismiss the complaint, finding that the claims were not directed to patent eligible subject matter.

Ending Self-Collision in Continuation-In-Part Patent Applications

Imagine building most of a great machine, and then filing a patent application on that machine because you want a return on the effort you spent building it. Years later, imagine filing a continuation-in-part (CIP) patent application after finishing the machine, and being told that in order to get the patent, you have to distinguish over your own initial disclosure. What a shame that this type of a statement has to be made to inventors. Patents are certainly needed to maintain competitive advantage, but one thing should not stand in the way of inventors who procure them—themselves.

Federal Circuit Upholds PTAB Unpatentability Ruling Against Fungicide Combination Patent

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Syngenta Crop Protection AG v. UPL Ltd., affirming a Patent Trial and Appeal Board (PTAB) final written decision that held all challenged claims of a fungicide combination patent unpatentable. The CAFC rejected arguments from UPL Ltd. and affirmed the PTAB’s denial of leave for Syngenta Crop Protection AG to seek sanctions.

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