IPUS Litigation Roundup: Lanham Act Attorney's Fees Split, US Inventor Standing, and Gray Market Injunctions
This weekly digest covers several major US intellectual property developments, including a Ninth Circuit decision that deepens a circuit split over attorney's fees under the Lanham Act. The Federal Circuit also dismissed US Inventor's challenge regarding the 'right to exclude others' language printed on issued U.S. patents due to lack of standing. Additionally, the Fourth Circuit affirmed an injunction against a scheme to divert Turkish-labeled versions of the drug Biktarvy into the U.S. market.
IPCAFC Rejects Inventors Groups' Bid to Clarify Patent-Cover Language Post-eBay
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision denying standing to several inventors' associations. These groups sought to sue the USPTO for failing to amend allegedly inaccurate language printed on the covers of issued U.S. patents following the Supreme Court's eBay decision. The court concluded the associations lacked the necessary standing to pursue this administrative challenge against the patent office.
M&AAI Governance for Private Companies
As artificial intelligence shifts from experimentation to widespread deployment, fast-growing private companies face both substantial opportunities and new risks. AI tools are increasingly embedded in core business processes, enabling automation with limited human oversight. This development necessitates robust AI governance frameworks to ensure proper risk management and guide board-level decision-making.
IPNuances of divisional patent practice in Australia and New Zealand
A recent opposition decision by the New Zealand Patent Office in Resmed Pty Ltd v Fisher & Paykel Healthcare Limited highlights key differences in divisional patent practice between New Zealand and Australia. The analysis explores procedural nuances and potential traps for unsuspecting patent applicants filing in both jurisdictions. It serves as a practical reminder for patent attorneys managing cross-border prosecution strategies in Oceania.
IPWhen the Quantum-AI Invention Stack Speeds Up Discovery, Patent Practice Has to Move Upstream
Artificial intelligence and quantum computing are increasingly compressing the traditional invention cycle by automating experimental loops in the scientific method. Projects like Discovery Loop and the Faraday AI model demonstrate how AI systems are transitioning from passive analysis to active participation in scientific discovery and R&D workflows. Consequently, patent practice will need to adapt and move upstream to effectively capture and protect these accelerated, machine-assisted innovations.
IPLatest Section 101 Cert Petition Before SCOTUS Says CAFC Answered Two-Step Test with Single Inquiry
A new petition for a writ of certiorari has been filed with the U.S. Supreme Court challenging the Federal Circuit's approach to patent subject matter eligibility under Section 101. The petitioner argues that the appellate court improperly condensed the flexible Alice/Mayo two-step framework into a single rigid inquiry. This appeal highlights ongoing concerns that the CAFC's current eligibility test conflates Section 101 with other patentability statutes, bypassing their evidentiary safeguards.
RoboticsContract Corner: The Contracts Behind Cruise Ship Technology
This article analyzes the commercial contracts underpinning maritime operational technology, using a recent Carnival Cruise Line IT disruption as a case study. The disruption impacted passenger-facing applications and operations during planned maintenance, while critical navigation and safety systems remained isolated and functional. The piece highlights how system dependencies and downtime are managed through IT outsourcing agreements, SLAs, and maintenance provisions.
Data protection & AISouth Korea Adopts Amendment Allowing Personal Data Exemption for AI Development
South Korea's Personal Information Protection Commission (PIPC) announced that the National Assembly has adopted an amendment to the Personal Information Protection Act. This amendment introduces an exemption that allows the use of personal data specifically for developing artificial intelligence. The legislative update aims to address existing privacy-related hurdles and foster AI innovation.
Data protection & AIDanish DPA Closes Investigation into Rejsekort App's Location Tracking
The Danish Data Protection Authority (Datatilsynet) has concluded its own-initiative investigation into the 'Rejsekort' transport app. The investigation focused on the continuous collection of location data when users fail to log out after their journey. The authority conducted an in-depth analysis of these practices against data minimization and privacy by design principles, ultimately concluding that no breach occurred.
Data protection & AIDutch DPA Recommends Twitch Users Opt Out of Amazon AI Data Training
The Dutch Data Protection Authority (AP) has advised Twitch users to disable a data-sharing option used to train Amazon's artificial intelligence models. Twitch recently informed users that personal data, including video streams, voice, and conversations, would be utilized for this purpose. This highlights ongoing regulatory scrutiny over major tech platforms leveraging user data for AI development.
RoboticsDebates over AI consciousness are a trap
Current rhetoric around 'runaway' and 'rogue' AI agents suggests they are autonomous and aware, leading prominent tech figures to advocate for the regulation of superhuman systems. The article examines the debate between tech leaders and various policy organizations regarding AI consciousness and regulatory priorities. It argues that focusing on speculative AI consciousness can be a distraction from more immediate and practical policy considerations.
Data protection & AIDeciphering the EU AI Act
This article introduces a comprehensive report by Latham & Watkins on navigating the EU AI Act. It outlines the Act's broad extraterritorial scope, its risk-based framework for AI systems, and specific obligations for general-purpose AI (GPAI) models. The publication highlights practical steps and compliance deadlines to help companies align with Europe's new digital regulations.
IPAustralian Court Orders Withdrawal of Patent Applications Prior to Publication
In an interlocutory decision (EOS Defence Systems Pty Limited v Pahlavani), the Federal Court of Australia ordered the withdrawal of a PCT and associated provisional patent application before they could be published. This unusual injunction highlights the critical importance of confidentiality and IP assignment obligations in employment contracts. It demonstrates a proactive legal strategy to prevent employees from disclosing trade secrets through unauthorized patent filings.
Employee incentivesOnce Again, the SBA's ESOP Loan Program Becomes Dysfunctional
The author reflects on the history of the Small Business Employee Ownership Act of 1980, which was originally drafted to facilitate SBA loans directly to ESOP trusts. Despite clear legislative intent, the SBA historically resisted implementing the law, providing necessary guidance, or conducting outreach for these structures. The post highlights the ongoing historical and present dysfunction in the US SBA's administration of ESOP loan programs.
M&AU.S. Supreme Court All But Ends Corporate Liability for Aiding-and-Abetting Human Rights Abuses
A recent U.S. Supreme Court decision has effectively ended the significant litigation risk multinational companies faced in U.S. federal courts under the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA). The ruling protects corporations from suits alleging they aided and abetted human rights abuses committed by foreign governments overseas. This landmark development reduces cross-border liability exposure, which will impact ESG and compliance diligence in international M&A transactions.
IPRetromark Volume XVIII: The Last Six Months in Trade Marks
Darren Meale of Simmons & Simmons presents the eighteenth volume of his 'Retromark' series on the IPKat blog. The post offers a comprehensive rundown and long-form analysis of notable trademark judgments from the past six months. This compilation serves as an expert review of recent developments in trademark case law.
Data protection & AISpanish DPA Fines Individual for Publishing Personal Data on Fraudulent Website
The Spanish Data Protection Authority (AEPD) has fined an individual €2,000 for data protection violations. The sanction was issued after the individual created a fraudulent website and published a third party's personal data without any legal basis. This represents a routine enforcement action applying well-settled principles to a local party.