Other Barks & Bites for Friday, June 26: EPO Study Shows Courts Moving from Defining to Applying FRAND; FTC Files Amicus in J&J Stelara Antitrust Case; and EUIPO Working Group Endorses IP-Backed Finance Roadmap

This week in Other Barks & Bites: public interest groups voice their opposition to the PRO CODES Act for allowing private ownership of code standards incorporated by reference into public law; the Eleventh Circuit reverses the Middle District of Florida for failing to consider evidence of non-generic use in a cheerleading competition trademark case; the Federal Trade Commission files an amicus brief arguing that no specific intent is required to show that Johnson & Johnson’s patent acquisitions were anticompetitive; the European Patent Office publishes a study analyzing dozens of landmark cases on licensing rate determinations for standards-essential patents; and more.

Wenderoth Lind & Ponack LLP is Seeking a Biotechnology Patent Prosecution Attorney

Wenderoth, Lind & Ponack, LLP, an intellectual property law firm in Washington, DC, is seeking an experienced patent attorney to join its thriving Chemical and Biotechnology Patent Prosecution Practice. This position offers the opportunity to work on a wide variety of patent prosecution matters in the biological, biotechnology, chemical, and pharmaceutical fields for sophisticated domestic and international clients. The Biotechnology Patent Prosecution Attorney will focus on preparing, filing, and prosecuting U.S. and international patent applications in biotechnology and related life sciences technologies. The attorney will work closely with experienced colleagues in a collegial and team-oriented environment while maintaining efficient prosecution practices and upholding the firm’s standards for quality, responsiveness, and client service. This is a full-time, hybrid role based in Washington, D.C., with flexibility for remote work.

Beyond the ‘Actual Invention’: A Closer Look at Canada’s 2026 Updated Subject Matter Framework Compared with U.S. Practice

The Canadian Intellectual Property Office (CIPO) has materially changed how examiners are instructed to apply the law on patentable subject matter. In March 2026, CIPO replaced its November 2020 practice notice on computer-implemented inventions, medical diagnostic methods, and medical uses. The 2026 notice represents an important development for current Canadian prosecution practice.

Senate Finance Committee Hears from ITC Nominees

The United States Senate Committee on Finance today held a hearing to consider the nominations of five individuals to be Commissioners of the International Trade Commission (ITC). Two of the nominees—Peter-Anthony Pappas (R) and David Foley (R)—have played key roles in IP policy on the Hill over the last several years. Introducing Pappas was Senator Thom Tillis (R-NC), under whom Pappas presently serves as   Director of Intellectual Property Policy for the Senate Judiciary Committee, where Tillis Chairs the Subcommittee on Intellectual Property (IP).

Squires Vacates-in-Part PTAB Decision Due to Board’s Failure to Address Jury Verdict in Parallel Litigation

In an order issued earlier this week, U.S. Patent and Trademark Office (USPTO) Director John Squires granted Director Review and partially vacated a Patent Trial and Appeal Board (PTAB) Final Written Decision that found several claims of U.S. Patent No. 11,828,425 unpatentable as obvious. Squires remanded the case after finding that the Board did not explain why its conclusion as to claim 2 differed from the outcome of a parallel district court proceeding on the same claim.

USPTO Clarifies Approach to Double Patenting and Patent Term Adjustment in Continuation Families

Recent developments in ex parte Corteva Agriscience LLC (Reexamination Control 90/019,130; Patent 10,947,555 B2) clarify obviousness-type double patenting (ODP) in the context of patent families with multiple continuations and varying patent term adjustments (PTA)…. In Corteva, the Patent Trial and Appeal Board (PTAB) distinguished Cellect and extended Allergan by holding that a child patent (here, the ’555 patent) is not unpatentable for ODP if it does not expire later than the original patent in the family, including any PTA awarded to the original patent. Below is a figure from Corteva.

CAFC Affirms Dismissal of Pro Se Inventor’s Suit Against USPTO For Rejected Wearable Thermal Device Application

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Sansone v. United States Patent and Trademark Office, affirming the U.S. District Court for the Eastern District of Virginia’s dismissal of a pro se inventor’s lawsuit and denial of his motion for summary judgment. Stanley Sansone filed U.S. Patent Application No. 16/255,511 on January 23, 2019, seeking a patent for a wearable thermal device, but a patent examiner rejected all claims. The Patent Trial and Appeal Board (PTAB) affirmed the rejection, after which Sansone sought continued examination.

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