Courts Should Employ a Simpler Fair Use Analysis for Noncompeting Criticism

Copyright and trademark rights act in tension with the First Amendment. Indeed, “unlike other property rights, [these] are a form of content-based, government-imposed speech restriction.” (Mark Lemley and Eugene Volokh, Freedom of Speech and Injunctions in Intellectual Property Cases, 48 Duke L.J. 147, 206 (1998)). As such, courts have determined that criticism, generally, puts the critic beyond the reach of a copyright or trademark claim.

SCOTUS Denies Appeal Seeking to Clarify Federal Circuit’s ‘Why’ Requirement for Establishing Section 112(f) Equivalency

Today, the U.S. Supreme Court denied the petition for writ of certiorari filed in Genuine Enabling Technology LLC v. Sony Group Corp., which challenged lower court rulings dismissing Genuine Enabling Technology’s (GET) patent infringement claims against Sony Playstation controllers under the doctrine of equivalents. In denying cert, the Court avoided clarifying whether a patentee’s statutory presumption under 35 U.S.C. § 112(f) to equivalents of a means-plus-function claim can be extinguished as a matter of law for failing to account for each component of the claimed structure.

A Legacy Worth Leaving: Director Squires Can Leave the U.S. Patent System Much Stronger Than He Found It

Every U.S. Patent and Trademark Office (USPTO) Director leaves office. Very few leave a legacy that could fundamentally change the future of American innovation. Director John A. Squires has an extraordinary opportunity to do just that. For more than a decade, independent inventors, startups, small businesses, universities, and those investing in American innovation have asked Congress to address the unintended consequences of the America Invents Act (AIA) and the Patent Trial and Appeal Board (PTAB). Congress held hearings. Members acknowledged the problems. Legislation was introduced. Organizations rallied behind reform. Year after year, inventors traveled to Washington, told their stories, and pleaded for meaningful change. And year after year, the problems remained. Then came Director Squires.

‘Joint Research’ Doesn’t Guarantee Joint Ownership: IP Pitfalls in U.S.-Korea Technology Collaboration

Technology collaboration between the United States and Korea has grown quickly, from semiconductors and artificial intelligence to biotechnology and advanced manufacturing. More joint research agreements are being signed, but the importance of their IP provisions is often overlooked. This can cause problems later, because the two countries have different legal rules that even experienced counsel can miss.

PIER Pressure: What Applicants Need to Know About the USPTO’s PIER Pilot Program

Earlier this year, with an effective date of April 9, 2026, the United States Patent and Trademark Office (USPTO) introduced the Patent Cooperation Treaty (PCT) Informed Examination Request (PIER) Pilot Program. Curiously, while most USPTO pilot programs allow the applicant to opt in or opt out, the PIER Pilot Program precludes input from the applicant on the matter and rather imposes itself on the applicant. The USPTO decides which applications will take part in the PIER Pilot Program, and the decision is not challengeable.

Other Barks & Bites for Friday, November 6: USPTO Appoints Former Newman Counsel New Solicitor; CAFC Hears Arguments in Moderna’s COVID-19 Vaccine Appeal; and FTC Complaint Over Amazon’s Deceptive Ad Pricing Unsealed

This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) has sworn in former counsel to Judge Pauline Newman as Solicitor; Reuters reports that this week’s massive tech selloff could delay the anticipated initial public offering of Anthropic stock; the Western District of Washington releases an unredacted version of the Federal Trade Commission’s complaint over Amazon’s covert price shifting for ad auctions; a Government Accountability Office Report shows that backlog reduction efforts at the USPTO are contributing to patent examiner attrition, in turn making agency goals unsustainable; and more.

Inventor Takes Fight Against Google and Microsoft Back to USPTO on Sotera Issue Following CAFC Rehearing Denial

One day after her petition for rehearing was denied by the U.S. Court of Appeals for the Federal Circuit (CAFC), pro se inventor Carrie Hafeman has filed a petition for Extraordinary Director Review and Sua Sponte Review with the U.S. Patent and Trademark Office (USPTO). The petition asks the Director to vacate institution and the Final Written Decisions in six related inter partes reviews (IPRs) due to alleged Sotera Stipulation violations by Google and Microsoft.  

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