Federal Circuit: Jepson Claim Preamble Requires Written Description
August 12th, 2025
The Federal Circuit has ruled that it is necessary to have a written description to support admitted prior art. The case is In re: Xencor, Inc. As the court explained, Anti-C5 antibodies are monoclonal antibodies that bind to C5, a protein that perfo…
Read More
Categories: Copyright
Federal Circuit: Body Weight Limitations Are Obvious
August 8th, 2025
The Federal Circuit has affirmed a district court’s summary judgment ruling in favor of the US Patent and Trademark Office (USPTO) following a civil action by ImmunoGen seeking to obtain a patent after an unsuccessful ex parte appeal of a patent ap…
Read More
Categories: Patents
Federal Circuit Says ITC Ruling is Too Narrow
July 30th, 2025
The Federal Circuit has overturned a decision by the International Trade Commission (ITC or Commission) on a polycrystalline diamond compound owned by US Synthetic. The case is US Synthetic Corp. v. International Trade Commission. US Synthetic Corp.…
Read More
Categories: Patents
Federal Circuit Affirms PTAB Despite Erroneous Claim Construction
July 18th, 2025
The Federal Circuit has found that the Patent Trial and Appeal Board (PTAB or Board) construed patent claims erroneously but that the error was harmless. HD Silicon Solutions LLC (“HDSS”) appealed from a decision of the PTAB holding claims 1–7…
Read More
Mariah Carey Wins “Christmas” Present, as Miley Cyrus Faces Mars Attack
June 23rd, 2025
As Variety notes, Some of the most high-profile copyright infringement cases happen in the music industry, where the accusation of plagiarism is as nebulous as a concept can get. It happens sometimes by accident — an “unconscious borrowing” —…
Read More
Categories: Copyright
4th Circuit Vacates “Moke” Trademark Ruling
June 20th, 2025
The Fourth Circuit has vacated and remanded an opinion by a lower court finding that the term “MOKE” is a generic term for the style of vehicles sold by both of the parties to the dispute. The case is Moke America LLC v. Moke International Ltd. A…
Read More
Categories: Trademarks
Senators Re-Introduce RESTORE Patent Rights Act
June 17th, 2025
Senators Chris Coons (D-DE) and Tom Cotton (R-AR) have reintroduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act. The Act, first introduced in July of 2024, would restore the rebu…
Read More
Categories: Patents
Using AI for USPTO Prior Art Searches, and IP in the ‘Big Beautiful Bill’
June 11th, 2025
Senators Thom Tillis (R-NC) and Adam Schiff (D-CA), respectively the Chairman and Ranking Member of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property, have written to Coke Morgan Stewart, Acting Director of the US Patent…
Read More
Architect of EU Copyright Law Says AI “Loophole” is “Irresponsible”
June 6th, 2025
The Guardian has reported that Axel Voss, a German center-right member of the European parliament, who played a key role in writing the EU’s 2019 copyright directive, claims that EU copyright law wasn’t designed to deal with generative AI (GAI) m…
Read More
Federal Circuit Affirms Patent Board Decision for Intel
June 3rd, 2025
In a non-precedential decision, the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (PTAB or Board) that certain claims of Qualcomm’s U.S. Patent No. 8,838,949 (titled “Direct Scatter Loading of Executable Software Im…
Read More
Categories: Patents
