Freelance writer and IP law journalist for @ipwatchdog. I like crafting fact-based stories to produce news that's fit to print. Also, actor and hockey fan.
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Articles by Steve Brachmann
Grumpy Cat Wins $710,000 Verdict for Copyright, Trademark Infringement Against Beverage Maker
On January 23rd, a jury verdict entered in the Central District of California awarded $710,000 in damages for trademark and copyright infringement to Grumpy Cat Limited, the entity holding the rights to the Internet cat celebrity Grumpy Cat. The lawsuit targeted the sale of unlicensed coffee beverages marketed under the Grumpy Cat name by a Los Angeles-area beverage company.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week. Marlene Valderama’s Pup, Raven.
SCOTUS Heeds SG’s Call to Deny Google’s Challenge of PTAB Settled Expectations Doctrine
“[Google’s] approach, taken to its logical conclusion, would fundamentally transform the legal regime that governs the Director’s discretionary institution decisions.” – U.S. Solicitor General On Monday, the U.S. Supreme Court issued an order list that included a denial of Google’s petition for writ of certiorari challenging the U.S. Patent and Trademark Office’s (USPTO’s) development of the “settled expectations” doctrine at the Patent Trial and Appeal Board (PTAB).
EU Rulings Affirm Large Platform Designations Under Digital Services Act, Digital Markets Act
“In particular, the fact that users also use other social networks does not, in itself, show that TikTok is not an important gateway.” – AG Andrea Biondi Last week, the Court of Justice for the European Union (CJEU) issued a pair of press releases conveying important clarifications to large platform designations under a pair of major legislative packages regulating e-commerce within the EU: the Digital Services Act (DSA) and the Digital Markets Act (DMA).
Other Barks & Bites for Friday, October 16: Comcast Hit With $213 Million Streaming Video Verdict; CAFC Affirms Invalidation of Remote Telehealth Patent Claims; and CJEU AG Biondi Says TikTok is Gatekeeper Under DMA
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week. Matthew Veale’s Goldern Retreiver, Rhodri, and new baby – Theo.
NASA powers up core computer system of Orion spacecraft for the first time
“Orion’s Natural Buoyancy Lab (NBL) Activities” by NASA/James Blair. Public domain. In late August, news reports indicated that the Orion spacecraft being developed for NASA’s manned mission to Mars was powered up for the first time at the Kennedy Space Center in Florida. The successful powering of the Orion craft, including computer components, is a small yet important step along the path towards NASA’s eventual development of the Space Launch System (SLS).
UK Government to Explore ‘Court-Anchored’ FRAND Determination Proceedings for SEP Infringement Cases
“The Government’s response… preserves the current framework for SEP licensing and avoids the introduction of significant new regulatory burdens.” – Jeremy Smith and Michael Charlton, Mathys & Squire Today, the United Kingdom Intellectual Property Office (UKIPO) issued a press release announcing a series of measures designed to create guidelines and administrative procedures for increasing transparency and efficiency surrounding the licensing of standard-essential patents (SEPs).
Other Barks & Bites for Friday, October 9: Korean Trademark Probe Shows Royalties Up 69% Since 2018; AAFA Urges USTR to Add Meta to Notorious Markets List; Ninth Circuit Finds Refusal to Deal in Invisalign Antitrust Case
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week. Eliza Yang’s 10-year-old Shihtzu Chihuahua mix – Yogi.
Copyright Office Solicits Comment on Music Streaming Fraud
“Streaming fraud harms creators and deceives fans” – RIAA statement on United States v. Smith Today, the U.S. Copyright Office published a notice of inquiry (NOI) in the Federal Register soliciting public comment on issues related to music piracy threatening billions in U.S. domestic revenues generated by digital streaming.
SCOTUS Nixes Petitions Challenging CAFC Apportionment Requirements, Claim Preclusion Rulings
“Sunoco argued that the Federal Circuit’s apportionment requirement conflicted with the plain text of Section 284.” Yesterday, the U.S. Supreme Court issued its first major omnibus order list of the October 2026 term, denying petitions for writ of certiorari in a series of intellectual property-related cases. These denials from the nation’s highest court leave in place contested rulings over the application of apportionment principles to damages in patent and trade secret cases.
Other Barks & Bites for Friday, October 2: Third Circuit Unseals AI Fair Use Ruling; U.S. Stays Third in WIPO GII 2026; and Apple Hit With $5.7 Billion Verdict for Haptic Tech Infringement
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
IP Experts Remind UKIPO: Global Device Markets Thrive Under Arm’s-Length SEP Licensing
“[D]evice-level SEP licensing… maximizes the accuracy of assessing royalties by using the measure of economic value closest to the point of sale.” On October 7, a coalition of 25 experts in intellectual property and competition law who serve or have served as U.S. judges, U.S. government officials, legal scholars and economists submitted a comment to the United Kingdom Intellectual Property Office (UKIPO) as part of that agency’s Open Consultation on Standard Essential Patents (SEPs) in order...
Third Circuit Affirms Revised Fair Use Ruling Against ROSS’ AI Legal Research Platform in Sealed Opinion
“As it stands…this first judicial walk through the AI fair use labyrinth has hit a dead end.” – Brandon Butler, Executive Director of Re:Create On Tuesday, news reports indicated that the U.S. Court of Appeals for the Third Circuit issued a ruling under seal affirming the District of Delaware’s grant of partial summary judgment to Canadian technology company Thomson Reuters on its claims that legal artificial intelligence (AI) company ROSS Intelligence infringed upon more than 2,000...
Other Barks & Bites for Friday, September 25: UPC Will Hear Noninfringement Claim to Pre-Issue Patent; DEFEND IP Act Introduced to Target Foreign Piracy Sites; and Judge Rogers Dissents from D.C. Circuit’s Royalty Allocation Ruling
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
Latest Centripetal SCOTUS Petition Challenges Material Changes in Claim Construction Post- Markman
“This case represents a stark depravation of due process stemming from the Federal Circuit’s increasing rudderless invocation of a standardless distinction….” – Centripetal petition Virginia-based secure network developer Centripetal Networks has filed a petition for writ of certiorari asking the U.S. Supreme Court for the second time to weigh in on issues related to its patent infringement claims against Cisco Networks’ unauthorized copying of its packet filtering and hacker prevention...
Coalition Report: Up to $3.3 Trillion in Gross Economic Output Unlocked by Bayh-Dole Framework Since 1996
“From 2021 through 2025 alone, Bayh-Dole-enabled tech transfer generated up to $288 billion in U.S. GDP, $577 billion in gross economic output and supported 1.08 million job-years.” – Bayh-Dole Coalition Report Source: Bayh-Dole Coalition Report Today, the Bayh-Dole Coalition published a report detailing tremendous economic benefits driven by federal funding into American innovation made possible by the Bayh-Dole Act of 1980.
Strength of IBM’s Watson Health seen in Bausch & Lomb iOS app for cataract surgeries
“IBM Signs Agreement with Italian Government on First-of-its-Kind Watson Health Center of Excellence in Italy” by ibmphoto24. Licensed under CC BY-NC-ND 2.0. More than 24.4 million Americans over the age of 40 are affected by cataracts in their eyes according to statistics published by the American Academy of Ophthalmology. Cataracts, which are generally an age-related illness, is caused by a clouding of the eye’s lens in such a way that affects a person’s vision.
Other Barks & Bites for Friday, September 18: Third Circuit Hears Arguments in Vintage Merch Case; Ninth Circuit Nixes Output Challenge Under DMCA; and CAFC Affirms Attorneys’ Fees in Lab-Grown Diamond Case
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
District Judge Dissents from CAFC Ruling for Amazon, Citing Claim Construction ‘Rabbit Hole’
“T]he majority appears to take the perceived advantages of the claimed invention as a whole and compress them into the definition of a single, ancillary term.” – Judge Arun Subramanian dissent On Friday, the U.S. Court of Appeals for the Federal Circuit issued a ruling in AlterWAN, Inc. v. Amazon.com, Inc.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week. John Rearick’s (Dechert) six-year old Silver Lab – Ganga.
China Outshines U.S. With More Top Innovation Clusters in WIPO Global Innovation Index
“The United States, home to 20 top 100 innovation clusters, trailing behind China’s total of 25, saw its highest ranking handed out to the San Jose-San Francisco area.” Yesterday, the World Intellectual Property Organization (WIPO) released its 2026 Global Innovation Index (GII) identifying metropolitan clusters around the world seeing the highest levels of innovation activity as judged by publications and R&D investments.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week. “Two Dogs”.
CAFC Finds Most Patent Owner Arguments Forfeited in Vitamin D Baby Drops Appeal from PTAB
“The CAFC said the Vieths’ sur-reply was a change in position… because the previous response contained no information about the vegetable oil alleged to be in the composition.” Yesterday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a ruling in Vieth v. MOM Enterprises, LLC affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Elaine and Dr. Reinhold Veith’s patent claims to methods of administering vitamin D to human beings.
Other Barks & Bites for Friday, August 29: CAFC Affirms Prosecution Laches Ruling Against Hyatt; Trump Admin Cancels USPTO CBA; Second Circuit Affirms Lack of Standing in Ripple Trademark Case
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
Computer, Automotive and Retail Industries Support Tesla’s Cert Petition Against USPTO’s Discretionary IPR Denials
“[A]mici note that the institution rate for AIA trials has plummeted from 67% to 25%, ruining the cost-benefit analysis for most petitioners.” On Friday, an amicus brief was filed at the U.S. Supreme Court on behalf of major trade associations in the computer software, automotive, retail and other industries, urging the Court to grant Tesla’s petition for writ of certiorari following the denial of its petitions for inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB)...
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week. Morgan Connell’s two- year-old French Bulldog , Ferg.
PTAB Designates Stakeholder-Nominated Ruling on Flexible Markush Analysis as Informative
“The PTAB’s ruling in Chowdhury aligns with the increasingly flexible approach that the Federal Circuit has employed in recent years over Markush grouping analyses.” Yesterday, the U.S. Patent and Trademark Office (USPTO) announced that the agency had designated as informative a Patent Trial and Appeal Board (PTAB) decision in an ex parte appeal reversing an examiner’s rejection of patent claims directed to the isolation and detection of microRNA (miRNA) to determine a patient’s risk of...
Fifth Circuit Takes First Pass at Several Questions on Architectural Protections Under the AWCPA
“[T]he Fifth Circuit read the statutory text more broadly [than the Eighth Circuit] such that ‘other pictorial representations’ included functional images.” On Friday, the U.S. Court of Appeals for the Fifth Circuit issued a ruling answering multiple questions of first impression regarding copyright claims involving building plans, including the scope of protection under the Architectural Works Copyright Protection Act (AWCPA) for constructed buildings and floorplan renderings.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
Latest Section 101 Cert Petition Before SCOTUS Says CAFC Answered Two-Step Test with Single Inquiry
“If source code does not describe ‘how’ [a technological improvement is discernable], nothing could.” – US Patent No. 7,679,637 LLC’s Cert Petition Yesterday, a petition for writ of certiorari was filed at the U.S. Supreme Court taking aim at the federal judiciary’s conflation of subject matter eligibility with other areas of the patent statute, a growing concern in U.S. patent law since the Court decided Alice v. CLS Bank International (2014).
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
Magistrate Judge Recommends Denying Motion to Dismiss Trade Secret Case Against SAP
“Highlighting that ‘[g]roup pleading is not inherently evil,’ Judge Horan found that o9’s allegations provided the minimally adequate notice required.” Yesterday, U.S. Magistrate Judge David Horan of the Northern District of Texas entered a report and recommendation urging the district court to deny motions for dismissal or a more definitive statement filed by German software giant SAP in a trade secret case brought by Texas-based enterprise AI developer o9 Solutions.
CAFC Rejects ‘Ministerial Requirement’ Standard for Non-Provisional Patent Application Priority Dates
“[T]he statutory text expressly conditions entitlement to priority on satisfaction of [Section] 112’s written description requirement.” – CAFC Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc. vacating a final written decision of the Patent Trial and Appeal Board (PTAB), which had invalidated patent claims directed to dental arch imaging as obvious.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
Ninth Circuit Again Reverses Jack Daniel’s Trademark Win Due to Bad Spaniels’ Successful Parody
“[F]ailing to consider the effect of [Bad Spaniels’] obvious parody on the likelihood of tarnishment was a critical misstep by the district court, the Ninth Circuit held.” On Tuesday, the U.S. Court of Appeals for the Ninth Circuit issued a published ruling reversing the U.S. District Court for the District of Arizona’s entry of permanent injunction for distiller Jack Daniel’s in the long-running trademark case involving VIP Products’ Bad Spaniels dog toy.
Latest USPTO Study on IP-Intensive Industries Shows Increasing GDP and Job Levels Attributable to IP Rights
“In 2024, workers in IP-intensive industries took home average weekly earnings of $1,897… [t]his wage premium [being] most pronounced in copyright-intensive industries.” All charts from USPTO study.
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!
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
UK Supreme Court Revives Tesla’s Claims That Avanci 5G Vehicle Pool License Doesn’t Satisfy FRAND Obligations
“[T]he Court ruled that Avanci is the essential party for determining FRAND obligations as it set the applicable fee itself independently from SEP owners.” Yesterday, the UK Supreme Court issued a ruling in Tesla, Inc. v. InterDigital Patent Holdings, Inc. representing the latest development in UK jurisprudence surrounding fair, reasonable and non-discriminatory (FRAND) obligations on standard-essential patents (SEPs).
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
China Figures Prominently in WIPO Report Showing Generative AI Patent Activity Tripling in Past Two Years
“Chinese multinationals and the Chinese Academy of Sciences claim four of the top five spots among generative AI patenting entities, [though] the top spot belongs to Japanese technology conglomerate SoftBank Group.” Yesterday, the World Intellectual Property Organization (WIPO) published a report on the global patent landscape for generative artificial intelligence (AI) technologies showing that newly published patent families in the sector increased more during 2024 and 2025 combined than...
IP Policy Institute Study Shows Significantly Higher Rates of Section 101 Invalidations for AI Patents
“[The data] suggests the patent system may be imposing a double hurdle on AI claims: harder to keep alive, and harder to enforce once alive.” – Professor Amy Semet As the full Senate Judiciary Committee prepares to hold a major hearing on the state of U.S. patent eligibility law tomorrow, the IP Policy Institute has published a research paper authored by Amy Semet, Associate Professor of Law at the University at Buffalo School of Law, providing the first empirical data on subject matter...
Judge Michel, Other Amici File Briefs Opposing Sandoz’s Fourth Circuit Appeal in Enbrel Antitrust Case
“[Former Chief Judge] Michel highlighted that antitrust law plays a complementary role that encourages competition when properly coordinated with patent law.” This week, several amicus briefs were filed at the U.S. Court of Appeals for the Fourth Circuit supporting defendant-appellees Amgen in an antitrust suit brought by rival pharmaceutical firm Sandoz, which is appealing the dismissal of its complaint by the Eastern District of Virginia.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
Judge Michel, Other Amici File Briefs Opposing Sandoz’s Fourth Circuit Appeal in Enbrel Antitrust Case
“[Former Chief Judge] Michel highlighted that antitrust law plays a complementary role that encourages competition when properly coordinated with patent law.” This week, several amicus briefs were filed at the U.S. Court of Appeals for the Fourth Circuit supporting defendant-appellees Amgen in an antitrust suit brought by rival pharmaceutical firm Sandoz, which is appealing the dismissal of its complaint by the Eastern District of Virginia.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to dogwall@ipwatchdog.com. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
SCOTUS Grants Cert Petition on Trademark Strength Inquiry Over SG Brief Urging Denial
“RiseandShine argued that fixing the apparent circuit split was critical to prevent forum shopping by parties who prefer to avoid juries.” Today, the U.S. Supreme Court granted a petition for writ of certiorari filed by nitro cold brew coffee company RiseandShine Corporation, doing business as RISE Brewing, challenging the U.S. Court of Appeals for the Second Circuit’s application of the likelihood of confusion test in RiseandShine’s trademark infringement case against PepsiCo’s “Mtn DEW Rise...
Squires Denies Apple IPR Under Revvo for Inconsistent Position on Limiting Preambles
“As I have indicated previously, petitioners should be presenting a single construction and applying that construction consistently.” – USPTO Director John Squires Last week, U.S. Patent and Trademark Office (USPTO) Director John Squires issued a decision denying institution of inter partes review (IPR) proceedings petitioned by tech giant Apple to challenge patent rights owned by WeCrevention, the intellectual property holding subsidiary of Taiwanese semiconductor developer Etron Technology.
Cornerstone Report Highlights Global Diversification in Patent Cases Caused by Uncertainty in U.S. Patent Rights
“IP is no longer ancillary; it is the core of enterprise value.” – Cornerstone Report Source: Cornerstone Report Last week, economic consulting firm Cornerstone Research published a report, titled Intellectual Property Litigation: U.S. Trends in Global Perspective, detailing global diversification in patent litigation and indicating that the United States is no longer the dominant forum for patent disputes.
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
Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. Want to have your doggie(s) featured in one of our future Barks & Bites Columns? Send your dogs photo(s) along with their name, breed (if you know it) and their age to [email protected]. All photos will be added to the IPWatchdog Dog Wall at IPWatchdog Studios and will be added to the queue of images we select from each week.
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