The U.S. Supreme Court today denied certiorari in EscapeX IP, LLC v. Google LLC, letting stand a precedential decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirming a district court’s award of more than $250,000 in attorneys’ fees to Google and finding that EscapeX had pursued a “frivolous” patent infringement lawsuit against Google and its attorneys had acted recklessly in prolonging the litigation.
A recent U.S. Court of Appeals for the Federal Circuit decision applying California trade secret law offers a timely reminder that published patent materials cannot easily be recast as trade secrets. In International Medical Devices, Inc. v. Cornell, the Federal Circuit reversed trade-secret liability and vacated related damages and injunctive relief after concluding that the plaintiffs had not shown protectable trade secrets under the California Uniform Trade Secrets Act.
Welcome back to Cool AI Patents of the Month, where we highlight innovations that blur the line between science fiction and real-world engineering. Last month, we looked at AI-generated voice replicas, particularly in sports broadcasting. That concept is no longer theoretical. Major League Baseball players have reportedly entered into agreements enabling the creation of AI-driven digital avatars, allowing fans to engage directly with AI-generated versions of their favorite players. The takeaway is clear: personality and likeness are being productized. What once seemed futuristic is quickly becoming commercially relevant.
The World Intellectual Property Organization (WIPO) established World IP Day to commemorate April 26, 1970, the date the WIPO Convention officially took effect. Each year, the occasion serves as a global reminder of the role that intellectual property plays in encouraging innovation and creativity. This year, the World IP Day theme is “IP and Sports Ready, Set, Innovate,” recognizing the increasingly complex relationship between intellectual property rights and the multibillion-dollar global sports industry.
In this episode of IPWatchdog Unleashed, I speak with Matt Johnson, Co-Chair of the PTAB Practice at Jones Day, and we take an in-depth look at the Patent Trial and Appeal Board (PTAB) nearly a decade and a half after its launch. Johnson and I discuss the ongoing PTAB reset at the United States Patent and Trademark Office (USPTO) and suggest practical fixes for a better, reengineered PTAB. The majority of the conversation is devoted to concrete, targeted reform suggestions that would lead to a better functioning PTAB and more streamlined IPR review system. Instead of abstract complaints, Johnson proposes narrowing PGR estoppel to encourage early challenges, moving IPR estoppel to the point of institution to eliminate gamesmanship, separating institution decisions from full merits adjudication to reduce confirmation bias, and rethinking quiet-title concepts to better align notice to implementers with settled expectations of patent owners.
In this week’s episode of IPWatchdog Unleashed, I speak with Megan Carpenter, who just recently stepped down as Dean of UNH Franklin Pierce School of Law after more than eight years. Our conversation was part personal journey and business philosophy together with a candid assessment of the IP ecosystem. We tackle emerging issues, including AI’s impact on legal practice and education. And we discuss the role of IP as essential to sustaining innovation in a rapidly evolving global economy, and fostering human creativity, innovation, and economic mobility.
Arnold & Porter is a leading international law firm with offices across the United States, Europe, and Asia. The firm delivers sophisticated regulatory, litigation, and transactional services to clients across a wide range of industries. Arnold & Porter is seeking a Senior Manager of IP Prosecution to join its Washington, DC office. This role provides firmwide leadership for the Intellectual Property Prosecution function, overseeing patent and trademark operations and ensuring the delivery of efficient, high-quality support to attorneys and clients.
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.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday agreed with a district court that several claims of an augmented reality (AR) patent are directed to abstract ideas and thus invalid under 35 U.S.C. § 101. The opinion was authored by Judge Cunningham. NantWorks LLC sued Niantic, Inc. for infringement of at least claim 1 of U.S. Patent Nos. 10,664,518 and 10,403,051 via Niantic’s AR games, Pokémon Go and Harry Potter: Wizards Unite. Niantic subsequently moved for judgment on the pleadings that six claims of the ‘518 patent were ineligible under Section 101 and the district court held that those claims were directed to the abstract idea of “providing information based on a location on a map.”
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision Tuesday in Centripetal Networks, LLC v. Keysight Technologies, Inc., affirming in part and reversing in part a decision of the United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB). The CAFC determined that the PTAB correctly found claims 1 through 3, 5 through 13, and 15 through 20 of Centripetal Networks, LLC’s patent directed to network threat detection unpatentable for obviousness. The court reversed the PTAB’s determination regarding claims 4 and 14, finding those claims unpatentable for obviousness as well.
This week on IPWatchdog Unleashed, I had the pleasure of speaking with Deborah Farone, founder of Farone Advisors, former Chief Marketing Officer of Cravath, Swain & Moore, and author of Breaking Ground: How Successful Women Lawyers Build Thriving Practices. Our conversation focused on how lawyers—particularly in highly technical fields like intellectual property—can build thriving practices through disciplined, strategic business development. The discussion underscores that business development is a skill, not an innate personality trait. Even introverted attorneys can succeed by taking incremental steps, practicing authentic communication, and focusing on listening rather than selling.
I keep hearing the same thing from patent professionals across the industry—inside companies, inside law firms, and even from investors. Patent budgets are shrinking, expectations are rising, and nobody seems willing to admit what that combination actually means.
The UK Supreme Court today issued a landmark judgment on AI patentability that is likely to impact all software patents going forward. The decision in Emotional Perception v. Comptroller General of Patents, Designs and Trade Marks primarily held that the approach taken in Aerotel Ltd v Telco Holdings Ltd [2006] EWCA Civ 1371; [2007] Bus LR 634; [2007] RPC 7 (Aerotel) should no longer be followed. Under Aerotel, courts and examiners consider a four-step test for assessing whether a claim is excluded from patent eligibility: 1) properly construe the claim, 2) Identify the actual/ alleged contribution, 3) Ask whether the contribution is excluded and 4) check if the contribution is technical.
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