Posts in Barks and Bites

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.

Other Barks & Bites for Friday, February 27: UK Trademarks No Longer Within Scope of EU Law Post-Brexit; Second Circuit Reverses Ruling on Concert Rates Under BMI Consent Decree; USPTO Employee Pays $500K to Resolve Conflict of Interest Allegations

This week in Other Barks & Bites: the EU’s highest court holds that UK trademark rights cannot support opposition proceedings within the EU since the conclusion of the transitional period following Brexit; Merck shuffles its corporate structure in advance of major patent expirations for blockbuster drug Keytruda; the Federal Circuit finds genuine issues of material fact in an inequitable conduct and antitrust claim ruling handed out by the Southern District of Texas; and more.

Other Barks & Bites for Friday, February 20: WIPO Report Shows Unprecedented Rates of Invention Diffusion; Tillis and Schiff Letters to ANSI and ALI Demand Transparency; and Judge Oldham Disputes Trade Secret Existence in Fifth Circuit Ruling

This week in Other Barks & Bites: the Federal Circuit concludes that expert testimony did not properly support the patent owner’s equivalency argument; the World Intellectual Property Organization issues a report showing that technology diffusion is spreading across the world at historically high rates; Boeing returns its defense and security headquarters to St. Louis from the D.C. region; Senators Thom Tillis and Adam Schiff send letters seeking better transparency measures in standards development and answers regarding a controversial restatement of copyright laws; and more.

Other Barks & Bites for Friday, February 13: CAFC Says NHK-Fintiv is General Policy Statement; Second Circuit Adopts Rule on Waiver of DMCA Safe Harbor; and Daren Tang Nominated for Second Term as WIPO Director

This week in Other Barks & Bites: the U.S. Copyright Office issues a three-year study on small claims filed at the Copyright Claims Board; Commerce Secretary Howard Lutnick publicly retreats from a proposed value-based tax on U.S. patent grants; the Federal Circuit issues several precedential decisions including one nixing Apple’s appeal of the NHK-Fintiv framework for discretionary denials of IPR proceedings; and more.

Other Barks & Bites for Friday, February 6: Counterfeit Study Shows 41% Fail Product Safety Standards; USPTO De-Designates PTAB Precedentials on RPI Amendments

This week in Other Barks & Bites: Senator Ted Cruz (R-TX) calls for a federal framework for deploying self-driving cars to replace the state patchwork negatively impacting U.S. dominance in the field; a major apparel industry organization releases a study showing that nearly half of counterfeit products test positively for high levels of hazardous chemicals; Novartis issues guidance calling for its first annual operating profit loss in a decade due to patent expirations to blockbusters Entresto and Xolair; and more.

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