Cornerstone Report Highlights Global Diversification in Patent Cases Caused by Uncertainty in U.S. Patent Rights

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. This shift away from a U.S.-centric infringement landscape has taken place at the same time that intangible assets now represent the vast majority of corporate value with many intellectual property (IP) owners increasingly choosing trade secret protection for domestic disputes, a trend being driven by advances in artificial intelligence (AI) technology.

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.

Federal Circuit Reverses IPR Estoppel Ruling Against Valve, Finds Insufficient Search Evidence and Hindsight Bias

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Ironburg Inventions Ltd. v. Valve Corporation, reversing a district court ruling that had estopped Valve Corporation from asserting two invalidity grounds at trial. The majority opinion, authored by Judge Hughes, concluded that the district court relied on insufficient evidence to estop one ground and failed to adequately account for hindsight bias in estopping the other. Judge Stark filed a concurring opinion.

Senate Judiciary Moves NO FAKES Act One Step Closer to Passage

The full Senate Judiciary Committee on Thursday unanimously advanced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026” (NO FAKES Act), which would create a federal IP right to an individual’s voice and likeness. The Judiciary Committee unanimously voted to report the bill to the full Senate today. Senator Coons said in his remarks on the bill that with the capabilities of current and future AI technology, a personal right to control one’s voice and likeness is imperative.

The Real-World Implications of the Supreme Court’s Cox Decision

It’s easy to take for granted that books, news, films, shows, songs, video games, photographs, artwork, and more are ubiquitously available through apps, streams, downloads and other digital means. But the thriving legitimate digital marketplace we enjoy today didn’t emerge by accident. It was built, in significant part, on the historical bedrock of secondary liability—the well-established common-law legal principle that one who assists another in committing a wrong is just as liable as the direct wrongdoer. In the internet ecosystem, that means platforms, internet service providers (ISPs), and other online intermediaries bear some responsibility when they knowingly facilitate or profit from copyright infringement.

Anti-Pharma Patent Bills Advance During Senate HELP Committee Hearing

The Senate Health, Education, Labor & Pensions (HELP) Committee held a hearing today during which they debated and ultimately advanced two bills targeting brand pharmaceutical companies. Committee Chairman Bill Cassidy (R-LA) led the hearing, urging fellow Republicans not to be fooled by what he called the “hostage taking theatrics” of Senator Bernie Sanders (D-VT). Sanders, the Committee’s Ranking Member, introduced nine amendments to the “Ensuring Timely Access to Generics Act,” which was ultimately not voted on.

CAFC Affirms Denial of Preliminary Injunction for Boston Scientific in Spinal Ablation Patent Dispute Against Stryker

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Boston Scientific Corp. v. Stryker Corporation, affirming the U.S. District Court for the District of New Jersey’s denial of a preliminary injunction that Boston Scientific Corp. and Relievant Medsystems, Inc. sought to block Stryker Corporation’s launch of its OptaBlate BVN spinal ablation device. The dispute centered on whether Stryker’s product induced infringement of claims 16 and 21 of the U.S. Patent No. 12,303,166.

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