Posts in Barks and Bites

Other Barks & Bites for Friday, September 11: Federal Research Agencies Asked About Biotech Safeguards; CISA Reports Industrial-Scale AI Distillation by China; and CJEU Says Right to Expression Isn’t Due Cause to Use Mark

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.

Other Barks & Bites for Friday, September 4: D.C. Circuit Affirms Medical Device TPM Circumvention; U.S. Earns High Ratings in IP Index Statistic Annex; and Microsoft Edge is Not Important Gatekeeper Under DMA

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. 

Other Barks & Bites for Friday, August 28: CCIA Urges SCOTUS to Take Up ‘Patent Troll’ Case; Federal Circuit Transfers T-Mobile Contract Case to Fifth Circuit; and Another Drugmaker Challenge to IRA’s Negotiation Program Fails

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;

Other Barks & Bites for Friday, August 21: US Inventor Lacks Standing for Patent Language Challenge; D.C. Circuit Upholds CMS’ Single-Source Drug Interpretation; and Ninth Circuit Deepens Split on Attorney’s Fees Under Lanham Act

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.

Other Barks & Bites for Friday, August 14: Pakistan Applauds Basmati Ruling in Australia; Grassley-Hassan Counterfeit Bill Unanimously Passes Senate; and Nvidia Announces $500 Billion AI Infrastructure Financing Plan

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.

Other Barks & Bites for Friday, August 7: PTAB Precedential Ruling Clarifies OTDP Examination Practices; Eleventh Circuit Says Keyword Bidding Isn’t Trademark Infringement; and Buc-ee’s Expands Trademark Enforcement Campaign

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.

Other Barks & Bites for Friday, July 31: EU Customs Seizes 1.7 Million Goods on Joint Action Day; Grassley-Coons Anti-Counterfeiting Month Resolution Passes Senate; and More IPWatchPuppies Arrive!

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.

Other Barks & Bites for Friday, July 24: FRONTIER Act Introduced in House; Google Hit With €890 Million Fine for DMA Violations; and PTAB Revises SOP 1 on APJ Panel Assignments

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.

Other Barks & Bites for Friday, July 17: CJEU Says Commercial Partnership May Make Google Liable for Gambling Ads; CAFC Corrects CFC on Book of Wisdom; Tillis Indicates PERA Tweaks

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.

Other Barks & Bites for Friday, July 10: EU Trademark Filings Reach Record Total During First Half of 2026; Laura Peter Heads to WIPO; CAFC Says New PTAB Findings Did Not Violate Remand Mandate

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.

Other Barks & Bites for Friday, July 3: Google White Paper Says Only AI Outputs Infringe Copyright; CJEU Upholds €4.1B Fine for Android Abuses; and CAFC Orders Remand to Review Indefiniteness Ruling Under Dyfan

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.

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.

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