U.S. Chamber Index Finds 8 of 12 Sampled Economies Score Below 50% in Benchmark of Trade in Unsafe Medicines

The U.S. Chamber of Commerce’s Global Innovation Policy Center released the first edition of its Trade in Unsafe Medicines Index today, a report prepared with Pugatch Consilium that benchmarks 12 economies on their propensity to contribute to trade in unsafe and illicit medicines and their ability to deter it. Eight of the 12 economies scored below 50%, and the overall mean score was 43.03%.

CAFC Affirms Ticketing Companies’ Motions to Dismiss Due to Pro Se Plaintiff’s Failure to Timely Oppose

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed the dismissal of a pro se patent owner’s claims against Live Nation, Ticketmaster, Major League Baseball and several law firms, concluding that the plaintiff waived her appellate arguments by failing to oppose the defendants’ dismissal motions in district court.

Understanding the Entire Market Value Rule: Legal Foundations and Evolution

In patent damages, apportionment reflects the fundamental principle that a patentee may recover only the value attributable to the patented invention, not the value of unpatented features or components. In practice, this means that damages must be tied to the incremental contribution of the patented technology to the accused product. The entire market value rule (EMVR) is a doctrine in patent damages, in particular, reasonable royalty damages, that operates as a narrow “exception” to the apportionment principle.

A Winning Combination: Recent Decisions Signal Strengthened Protectability of Compilation and Combination Trade Secrets

For companies in many industries, their most valuable trade secrets reside not in a single formula or document, but in years of accumulated data, coordinated processes, and combinations of technical and commercial information from various internal sources. Engineering know-how (including negative know-how), integrated software features, and customer databases can reflect years of investment and work effort and give competitors a shortcut if acquired improperly and used. Compilation and combination trade secret protection helps safeguard that collective value, even when some individual components are publicly known or unprotectable standing alone.

Other Barks & Bites for Friday, October 23: EUIPO Announces Record Number of Counterfeits Seized in 2025; EPO Study Shows Growing Importance of Tech Transfer Offices; and Taction Seeks to Add Damages to $5.7 Billion Apple Infringement Verdict

This week in Other Barks & Bites: SpaceX reportedly seeks to build nationwide wireless carrier through purchase of 80,000 cellular sites; a joint study to which the European Patent Office contributed recommends strengthening tech transfer offices across the EU; the Unified Patent Court’s Court of Appeal finds that printed Gucci leather products don’t infringe patent claims to methods of decorating leather; and more.

EUIPO-European Commission Report Says Value of Detained Counterfeits Hit Record High in 2025

The European Union Intellectual Property Office (EUIPO) and the European Commission released a report today titled “EU Enforcement of Intellectual Property Rights” on results at the EU border and in the EU internal market in 2025. The report explained that “over 196 million counterfeit articles were detained at the EU border and in the EU internal market, with an estimated retail value of EUR 6.3 billion.” Detention volume rose over 67% from 2024, and the estimated value surpassed 2024 by almost 63%, which the report identifies as the “second consecutive all-time record” for value.

CAFC Denies Mandamus Petition Arguing District Court Should Not Have Reconsidered Initial Transfer Ruling

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday denied two petitions for writ of mandamus arguing the U.S. District Court for the Eastern District of Virginia abused its discretion in transferring three related patent infringement suits to the Northern District of Illinois.

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