Posts in Barks and Bites

Other Barks & Bites for Friday, June 19: Senate Finance Committee to Consider ITC Nominees; U.S. Bills on Likeness Rights Head to Senate Floor; and Director Squires Declines Discretionary Denial Over U.S. Manufacturing Considerations

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.

Other Barks & Bites for Friday, June 12: Republican Lawmakers Urge USITC to Block TSMC Chips; Bipartisan Bill Targets Digital Platform Abuses; and Most EU Consumers Would Pay More for Better Design

This week in Other Barks & Bites: Senators Chuck Grassley and Amy Klobuchar introduced the American Innovation and Choice Online Act into Congress; the U.S. Patent and Trademark Office waived the petition fee for the Streamlined Claim Set pilot program; the Council for Innovation Promotion publishes a study on the impacts of intellectual property rights in cultivating technology ecosystems;

Other Barks & Bites for Friday, June 5: Trump Auto Industry Comments Bolster REPAIR Act; House IP Subcommittee Debates Generics Legislation Following Hikma; and X Seeks Modification of FTC Order on Account Security

This Week in Other Barks & Bites: the Seventh Circuit remands a Schedule A trademark case to determine whether the Hague Convention’s terms on proper service apply to particular Chinese defendants; President Donald Trump criticizes the automotive industry’s alleged efforts to impede consumer choice on auto repairs; he Eleventh Circuit finds no valid copyright termination notice sent in a case involving members of 2 Live Crew; and more.

Other Barks & Bites for Friday, May 29: CNN Files IP Infringement Suit Against Perplexity; EU Fines Temu €200 Million for DSA Violations; and Bipartisan Agreement Struck on New Collegiate NIL Bill

This week on Other Barks & Bites: Circuit Judge Prost dissents from a Federal Circuit panel majority that found the statute of limitations had run out in Insulet’s trade secret case against EOFlow; the Copyright Office proposes amendments to the group registration option for frequently updated news websites; a bipartisan coalition of U.S. Senators announce a new bill representing an agreement struck on name, image and likeness (NIL) rights for college athletes; and more.

Other Barks & Bites for Friday, May 15: PTAB Decisions on Inconsistent Claim Arguments Marked Informative; Bill Moving Copyright Office to Executive Branch Moves to House Floor; CJEU Upholds Right of Fair Compensation for Publishers

This week in Other Barks & Bites: the Legislative Branch Agencies Clarification Act moves one step closer toward enactment; the Federal Circuit reverses attorney’s fees award and attorney sanctions in a patent case over e-banking technology; the Court of Justice for the European Union finds that a publisher’s right to fair compensation established by EU member states is permissible if qualifying as consideration for the right to republish; Nokia earns a stay of UK court rulings in its RAND licensing battle over video codec patents with Acer and Asus; the U.S. Patent and Trademark Office places informative designations on a trio of Patent Trial and Appeal Board decisions applying agency precedent on inconsistent claim construction positions; Cisco announces 4,000 layoffs on the same day that it reported a 12% year-over-year jump in quarterly revenues; top Congressional Democrats publicly opposed President Trump’s ouster of the National Science Board membership; and the European General Court tells the European Union Intellectual Property Office that it did not sufficiently analyze links between an ammunition trademark and a famous French comic serial.

Other Barks & Bites for Friday, May 8: Eleventh Circuit Revives Annie Leibovitz Photograph Case; Split Ninth Circuit Panel Nixes False Representation Claims; Report Says Tencent Removed 250K AI Songs From Streams in 2025

This week in Other Barks & Bites: a Ninth Circuit majority affirms a summary judgment dismissing false representation claims over Circuit Judge Bumatay’s dissent; a joint WIPO-IRENA report advances several recommendations to promote the electrification of the EU’s heavy-duty road transport sector; China’s Tencent removed more than 250,000 AI songs from its streams during 2025 for corporate policy violations; the Eleventh Circuit reverses a summary judgment ruling that had dismissed infringement claims brought by a licensee of photographs captured by Annie Liebovitz; and more.

Other Barks & Bites for Friday, May 1: EU Lands on USTR’s Special 301 Watch List; Battery Recycling Patent Families Increase Seven-Fold in Past Decade; and Google Cert Petition Challenges Settled Expectations Doctrine

This week in Other Barks & Bites: the U.S. Trade Representative issues its annual Special 301 Report listing the European Union as a Watch List nation for IP-related issues; Senators Dick Durbin (D-IL) and Maria Cantwell (D-WA) publicly oppose the Trump Administration’s decisions to cut federal funding for science and upend the National Science Board; and more.

Other Barks & Bites for Friday, April 24: Judge Albright to Leave Federal Bench in August; China Rejects 1.27 Million Deceptive Trademark Applications; Music Labels Voluntarily Dismiss Verizon Copyright Suit

This week in Other Barks & Bites: Judge Alan Albright indicates that he will leave the Western District of Texas bench in August to re-enter private practice; Daren Tang is reelected as WIPO’s Director General; and more.

Other Barks & Bites for Friday, April 17: CAFC Reverses District Court Rulings in Penile Implant Patent Case; CJEU Clarifies Scope of ‘Pastiche’ Copyright Exception; Stanford AI Index Shows Tech Gap Between U.S. And China Nearly Gone

This week in Other Barks & Bites: the Federal Circuit reverses a California district court’s denial of JMOL on trade secret and patent inventorship claims related to a cosmetic penile implant; the Senate Commerce Committee unanimously advances a bill to reauthorize the National Quantum Initiative; the Court of Justice for the European Union clarifies the scope of the pastiche exception for new works sampling copyrighted works to engage in artistic, critical or humorous dialogue; and more.

Other Barks & Bites for Friday, April 10: USPTO Touts Reduced Backlog; Fifth Circuit Awards Google Transfer on Mandamus; and Third Circuit Says Online Publication of Copyrighted Building Codes is Transformative

This week in Other Barks and Bites: the EU’s GPAI Signatory Taskforce convenes a second meeting to focus on copyright issues like mitigating infringing AI outputs; Meta and CoreWeave extend their AI cloud partnership through 2032 with a new deal worth $21 billion; and more.

Other Barks & Bites for Friday, April 3: Trump EO Sets 100% Tariffs on Patent Pharmaceutical Imports; Squires Vacates TikTok IPRs Under Tianma Microelectronics; and Kallay Voices DOJ’s Preference for FRAND Obligations

This week in Other Barks & Bites: the Federal Circuit rules that the omission of a co-inventor from a patent invalidates those patent claims if inventorship cannot be corrected; President Donald Trump signs an executive order placing 100% tariffs on drug companies who do not onshore production of patented pharmaceuticals; and more.

Other Barks & Bites for Friday, March 27: Trademarks Evoking Fictitious Heritage May Be Deceptive Under EU Law; March Madness TRO Nixed by District Judge; EU Patent Applications Surpass 200K for First Time in 2025

This week in Other Barks & Bites: Merck enters into a $6.7 billion agreement to purchase Terns Pharma to improve its pipeline of experimental cancer therapies; the Federal Circuit says that common law principles prevented Ascendis Pharma from obtaining a mandatory stay in a second lawsuit including the same claims as a first complaint that was voluntarily dismissed; and more.

Other Barks & Bites for Friday, March 20: CAFC Approves Flexible Domestic Industry Analysis at ITC; MFN Pricing Threatens $167 Trillion in Medical Innovation’s Societal Value; and UK Has No Preferred Option for AI and Copyright

This week in Other Barks & Bites: the Federal Circuit okays the U.S. International Trade Commission’s flexible analysis of the technical and economic prongs of the domestic industry requirement; the University of California tops the National Academy of Inventors list of top universities obtaining U.S. utility patents last year; the EU’s highest court rules that first requests for data access under the General Data Protection Regulation may be excessive if part of a systemic pattern of entering data claims for compensation; and more.

Other Barks & Bites for Friday, March 13: Former USPTO Patent Examiner Settles Conflict Allegations; EU Parliament Endorses EUIPO Register of Works Used to Train AI; U.S.-Based Operations Become Discretionary Denial Factor at PTAB

This week in Other Barks & Bites: the U.S. Department of Justice announces a six-figure settlement with a former U.S. Patent and Trademark Office patent examiner over conflict of interest allegations for the second time in two weeks; USPTO Director John Squires issues a memo establishing U.S.-based operations as a discretionary denial consideration for petitions at the Patent Trial and Appeal Board; and more.

Other Barks & Bites for Friday, March 6: WIPO Issues PCT Filing Study; CAFC Affirms Use of Unaccused Devices in Royalty Determination; USTR Notorious Markets List Highlights Live Sports Piracy

This week in Other Barks & Bites: the World Intellectual Property Organization releases a study showing a slight uptick in international patent filings for the second straight year; Moderna stock rises nearly 10% on news of its patent infringement settlement over COVID-19 vaccine technology; the Federal Circuit says there is no per se rule against consideration of noninfringing features in a reasonable royalty determination; and more.

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