Posts in Barks and Bites

This week in Other Barks & Bites: Regulatory hurdles lead Oracle to send a force majeure notice related to its New Mexico data center project; the companion bill for the DEFEND IP Act is introduced into the U.S House of Representatives; the European Union Intellectual Property Office announces the first customs enforcement action on a registered CIGI; the Third Circuit finds no material appropriation of copyrightable elements in a case over allegedly copied curriculum between machine learning professors; and more.

This week in Other Barks & Bites: the Ninth Circuit finds that a series of Doe plaintiffs did not succeed on the theory that GitHub’s AI-powered coding platform violated the Digital Millennium Copyright Act (DMCA) under an output theory; U.S. Patent and Trademark Office (USPTO) Director John Squires says that U.S. trademark filings have increased 11% compared to the first nine months of 2025; the Protect College Sports Act moves toward a vote on the U.S. Senate floor that will likely happen next week; and more.

This week in Other Barks & Bites: the Federal Circuit affirms the dismissal of a pro se inventor’s PTA lawsuit due to district court restrictions against electronic filings; the United States’ top federal cybersecurity agency warns that the Chinese government may be aiding domestic AI companies in industrial-scale distillation efforts; the annual Global Innovation Index shows that China is outpacing the U.S. in terms of top innovation clusters; and more.

This week in Other Barks & Bites: a House IP Subcommittee hearing on restoring the USPTO’s fee-setting authority turns heated over the original intention behind the America Invents Act; the Eleventh Circuit affirms a permanent injunction and trademark cancellation in an infringement case brought by the maker of “Wolf”-brand electric scooters; the United States scores high marks across 33 economic indicators in the U.S. Chamber of Commerce’s recently released Statistical Annex to the International IP Index; the European General Court finds that Microsoft’s Edge browser is not an important gateway subject to regulations under the Digital Markets Act; the D.C. Circuit Court of Appeals affirms the Library of Congress’ recent triennial rulemaking allowing circumventions to technological protection measures for medical devices; and Microsoft breaks out financial figures for its Azure cloud division for the first time in its most recent quarterly earnings report. 

This week in Other Barks & Bites: the Fifth Circuit nixes an appeal lodged by PhRMA and other drugmaker industry organizations against the Medicare drug negotiation program under the Inflation Reduction Act; the Ninth Circuit finds that Boeing’s patent inventorship claims are not compulsory to Zunum Aero’s trade secret misappropriation case;

This week in Other Barks & Bites: the Fourth Circuit affirms an injunction against a scheme to divert Turkish-label versions of Biktarvy into the U.S. for sale; the Federal Circuit nixes US Inventor’s challenge to the “right to exclude others” language printed on issued U.S. patents; SK Biopharmaceutical agrees to allow generic Xcopri to enter the U.S. market by 2032; and more.

This week in Other Barks & Bites: the Second Circuit issues a summary order affirming that copyright infringement claims filed by Xinuos against IBM are time-barred; Nvidia announces an AI infrastructure plan in partnership with several global investment firms to turn its AI products into an investable class raising up to $500 billion; the nation of Pakistan hails the Federal Court of Australia’s ruling nixing an appeal from India’s agricultural authority appealing the rejection of that nation’s “Basmati” trademark; a bill co-sponsored by Senators Chuck Grassley and Maggie Hassan that increases information sharing surrounding allegedly infringing imports unanimously passes the U.S. Senate; and more.

This week on Other Barks & Bites: the Ninth Circuit reverses the dismissal of malpractice claims stemming from a pattern of missed case deadlines in a trademark infringement proceeding; the Eleventh Circuit becomes the latest regional circuit court to hold that keyword bidding itself cannot constitute trademark infringement; the Patent Trial and Appeal Board issues a precedential ruling clarifying the framework for examining patents based on obviousness-type double patenting concerns; and more.

This week in Other Barks & Bites: the Seventh Circuit affirms the summary judgment dismissal of copyright and trade secret claims filed between coin-counting machine software competitors; The Chicago Tribune publishes an editorial urgently calling for the passage of the Protect College Sports Act; USPTO Deputy Commissioner of Patents Barry Schindler is promoted to the Acting Commissioner role by the agency; and more.

This week in Other Barks & Bites: the Second Circuit affirms a ruling that copyright infringement claims against artist Jeff Koons were time-barred; the Federal Circuit reverses-in-part a Section 101 ruling invalidating patent claims to systems for distributing picture mail; the EU Commission fines Google €890 million for self-preferencing and steering violations under the Digital Markets Act; and more.

This week in Other Barks & Bites: Senator Thom Tillis (R-NC) indicates that the Patent Eligibility Restoration Act’s language could be changed to address concerns about gene patents; the Seventh Circuit says that Teva plausibly alleged that Eli Lilly breached the terms of a Hatch-Waxman settlemen; and more.

his week on Other Barks & Bites: the Sixth Circuit issued a ruling in favor of office furniture company MillerKnoll in a trademark case over the intellectual property rights to the Bubble Lamp; U.S. District Judge Jane Boyle issued a Section 101 ruling knocking out offline commerce transaction patent claims owned by Wolverine Barcode; the Federal Circuit found that the Patent Trial and Appeal Board did not violate the CAFC’s mandate on remand after the Board issued new findings on claim limitations disclosed by prior art; the European Union Intellectual Property Office announced that the agency received a record number of applications for EU trademarks during the first half of 2026; and more.

This week in Other Barks & Bites: the UK Supreme Court hears oral arguments in Apple’s appeal of a $502 million judgment setting a global 4G licensing rate with Optis Technology; the Federal Circuit remands a Delaware district court ruling invalidating TrackTime’s patents for reconsideration under intervening precedent on indefiniteness analysis from Dyfan v. Target Corp.; and more.

This week in Other Barks & Bites: Circuit Judge Leonard Stark authors a concurrence explaining the Federal Circuit’s changes to the skilled searcher test in Ironburg Inventions v. Valve; Senate committees separately advance bills aimed at clarifying the framework for likeness rights in collegiate sports and creating a federal right to a person’s likeness; the Senate Finance Committee announces a hearing to vet several of President Trump’s nominees, including Peter-Anthony Pappas; USPTO Director John Squires issues a decision declining discretionary denial and designated informative in part for its analysis of U.S. manufacturing considerations; and more.