Federal Circuit Affirms Judgment that Swiss Pharma Company Did Not Infringe Iron Deficiency Therapy Patent Claims

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Biofer S.p.A. v. Vifor (International) AG affirming a judgment of non-infringement by the U.S. District Court for the Eastern District of New York in favor of Swiss Pharmaceutical company, Vifor (International) AG. The dispute centered on the construction of a claimed pH range recited in a patent covering a process for producing iron-sugar complexes used to treat iron deficiency.

CAFC Finds Most Patent Owner Arguments Forfeited in Vitamin D Baby Drops Appeal from PTAB

Yesterday, the U.S. Court of Appeals for the Federal Circuit 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. The Federal Circuit agreed that most of the claim construction and prior art arguments raised by the Vieths on appeal were forfeited for not being properly developed in the proceedings below, and also dismissed the Vieths’ contentions that they had established nexus between industry praise for its products and the challenged method claims.

DOJ Sides with OpenAI, Warns Obstacles to AI Development Threaten National Security

On September 1, the U.S. Department of Justice (DOJ) filed a Statement of Interest urging the U.S. District Court for the Southern District of New York to hold that using copyrighted written works to train large language models (LLMs) is fair use, arguing that a contrary result would distort copyright law, suppress innovation and weaken U.S. competitiveness and national security. The statement was filed in reference to the multidistrict copyright litigation against OpenAI, although it specifically addressed claims by The New York Times and said its reasoning also applies to the related cases involving book authors and publishers.

Issa Hesitant to Renew USPTO Fee-Setting Authority Amid PTAB Changes

The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held an oversight hearing today to consider its role in renewing the U.S. Patent and Trademark Office’s (USPTO’s) fee setting authority. Throughout the hearing, Subcommittee Chairman Darrel Issa (R-CA) expressed skepticism about USPTO Director John Squires’ recent changes to discretionary denial practice at the Patent Trial and Appeal Board (PTAB) and wondered whether renewal of such authority under the America Invents Act (AIA) should be conditioned on reforms to the agency’s policy.

OpenAI Sued Over AI Patents Covering Retrieval, Personalization and Content Generation

Many Worlds 2T Innovations LLC has filed a patent infringement lawsuit against OpenAI OpCo, LLC, alleging that OpenAI’s artificial intelligence products and services infringe five AI patents covering personalized search, vector-based retrieval, recommendation systems and probabilistically controlled content generation. The complaint, filed August 31, 2026, in the U.S. District Court for the Eastern District of Texas, Marshall Division, seeks a jury trial, monetary damages in the form of past and continuing royalties, enhanced damages for alleged willful infringement, and an injunction prohibiting continued infringement.

Federal Circuit Upholds PTAB Obviousness Finding Against Memory Module Patent

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Netlist, Inc. v. Micron Technology, Inc., affirming a Patent Trial and Appeal Board (PTAB) final written decision that found all challenged claims of a Netlist computer memory patent unpatentable as obvious. The court rejected Netlist’s arguments that the Board’s findings lacked substantial evidentiary support and that the Board violated the Administrative Procedure Act (APA) in reaching its conclusions.

The Video Game AI Conundrum: Can Lawmakers Regulate AI Without Stifling Innovation? | IPWatchdog Unleashed

This week on IPWatchdog Unleashed, I spoke with Bijou Mgbojikwe, who serves as Senior Policy Counsel for the Entertainment Software Association. Our conversation examined the rapidly expanding intersection of artificial intelligence, intellectual property, and video game policy. The central challenge is that legislation often treats very different technologies and use cases as though they present the same risks. Mgbojikwe discussed the distinction between harmful deepfakes and digital replicas used in legitimate creative works, including films and video games. Those concepts can implicate different legal frameworks, including right-of-publicity laws, copyright, consumer-protection statutes, and the First Amendment. When lawmakers combine them through broad definitions that are intended to prevent fraud, for example, legislation aimed at deception or abuse can inadvertently reach fictional characters, realistic game environments, and other expressive content.

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