Author name: Gary

District Courts, Utility Patent

Valve v. Rothschild — First-Ever Jury Verdict Under a State Anti-Patent-Troll Law

A federal jury in Seattle returned a $152,093 verdict for Valve and against inventor Leigh Rothschild and his patent-licensing entities — finding violations of the Washington Patent Troll Prevention Act, the Washington Consumer Protection Act, and a 2016 patent licensing settlement. It is, according to the IP bar, the first jury verdict under a state anti-troll statute.

District Courts, IP Law

Valve Corporation v. Rothschild — Western District of Washington Jury Returns First-of-Its-Kind Verdict Under State Patent Troll Prevention Act

A Seattle federal jury returned a verdict for Valve Corporation on every count, finding inventor Leigh Rothschild and his affiliated entities and counsel violated Washington’s Patent Troll Prevention Act, breached a 2016 settlement and license, and that the asserted patent claim was obvious — in what may be the first jury verdict ever rendered under a state anti-patent-trolling statute.

UK Courts, Utility Patent

Emotional Perception AI v. Comptroller General — UK Supreme Court Abandons 20-Year Aerotel Test, Opens Door to AI Patents

The UK Supreme Court unanimously overturned the Court of Appeal and held that an artificial neural network for recommending media files based on emotional characteristics is patentable, abandoning the Aerotel four-step test in favor of the EPO’s broader COMVIK approach — the most significant shift in UK computer-patent law in two decades.

First Circuit, Section 230

Stokinger v. Armslist — First Circuit Holds Years of In-State Firearm Listings, Combined With Site Design and Ad Revenue, Show Purposeful Availment

Reviving claims against the online firearms marketplace Armslist, the First Circuit held that 16,000 New Hampshire firearm listings per year — viewed together with the site’s geographic-listing design and the advertising revenue those listings generated — were enough to make a prima facie case of purposeful availment. Section 230 was raised but not decided and remains open on remand.

Section 230, State Courts

State ex rel. Bird v. TikTok — Iowa Supreme Court Holds TikTok’s Data Collection, Targeted Advertising, and Contractual Relationships Establish Specific Jurisdiction in Consumer-Fraud Suit Over App-Store Age Ratings

Iowa’s Attorney General sued TikTok over what she alleges are deceptive ’12+’ age ratings in the Apple App Store. A unanimous Iowa Supreme Court held that TikTok’s contractual relationships with hundreds of thousands of Iowa users, plus its targeted advertising and Iowa-specific data collection, were more than enough to support specific personal jurisdiction.

District Courts, Utility Patent

Ridge Wallet v. Bemmo — Court Denies Dismissal of Patent and Trade Dress Claims Over Compact Wallet Design

An Eastern District of New York judge denied Bemmo’s motion to dismiss Ridge Wallet’s patent infringement and trade dress claims, holding that claim construction disputes are premature at the pleading stage and that Ridge Wallet adequately alleged secondary meaning and non-functionality of its distinctive ‘Forged Ember’ design.

Other International (Germany), Trademark, Federal

BGH “Moneypenny” — Bundesgerichtshof Holds That James Bond’s Moneypenny Has No Independent Work-Title Protection Under German Trademark Law

Germany’s Federal Court of Justice held that the name of the James Bond character “Miss Moneypenny” does not enjoy independent work-title protection under § 5(1) and (3) German Trademark Act, because the fictional figure lacks the visual individuality and standalone fame required to be a work in its own right separate from the underlying James Bond film series.

EU Courts, Utility Patent

Meril v. Edwards Lifesciences (UPC_CoA_464/2024 et al., EP 3 646 825) — UPC Court of Appeal Same-Day Companion to Amgen v. Sanofi: “Same Parties” Test, Embodiment Coverage, and Non-Obvious-Alternative Inventive Step

Same-day companion to Amgen v. Sanofi/Regeneron, the UPC Court of Appeal in Meril v. Edwards held that the ‘same parties’ test under Art. 33(4) UPCA looks to identity of interests; that disclosed embodiments are generally covered by the patent claims unless the specification clearly teaches otherwise; and importantly that an inventive step may be found even where the claimed solution is merely a ‘non-obvious alternative’ to known prior-art solutions.

EU Courts, Utility Patent

UPC Court of Appeal — Amgen v. Sanofi & Regeneron (UPC_CoA_528/2024) — Sets Out the UPC’s Inventive-Step Framework: Realistic Starting Point, Objective Problem, “Would Not Could”

In a same-day companion ruling to Meril v. Edwards, the UPC Court of Appeal articulated a comprehensive inventive-step framework: identify the objective problem from the perspective of the skilled person, choose a realistic starting point in the prior art, and assess whether the skilled person ‘would’ (not merely ‘could’) have arrived at the claimed solution. The decision also clarifies medical-use claim format, sufficiency, added matter, and burden of proof.

Other International (Germany), Trademark, Federal

BGH “Testarossa” — Federal Court of Justice Affirms BPatG Ruling That Ferrari’s Bad-Faith Challenge to “Testa Rossa” Trademark Fails Without Proof of Damaging or Obstructing Intent

Germany’s Federal Court of Justice dismissed Ferrari’s appeal challenging the “Testa Rossa” trademark, leaving in place the BPatG’s January 2025 ruling that bad-faith trademark applications under § 8(2) No. 10 MarkenG require objective evidence of damaging or obstructing intent — mere free-riding on a famous mark is not enough.

Copyright, D.C. Circuit

Perlmutter v. Blanche — Supreme Court Declines to Let Trump Remove Register of Copyrights, Preserving D.C. Circuit Order

The Supreme Court declined to lift a D.C. Circuit injunction protecting the Register of Copyrights from presidential removal, leaving intact a ruling that the Register—as a legislative branch officer housed within the Library of Congress—cannot be fired by the Executive, even after SCOTUS expanded removal power over FTC and Federal Reserve officials the same week.

EU Courts, Utility Patent

UPC Court of Appeal — Boehringer Ingelheim v. Zentiva (UPC_CoA_446/2025) — Marketing Authorisation Alone Does Not Imminent-Infringe, But Completion of National Pricing & Reimbursement Procedures Can

The UPC Court of Appeal set out a workable test for when a generic pharmaceutical’s pre-launch activity creates an imminent threat of infringement supporting provisional measures: a bare marketing authorisation does not, but completion of national health-technology-assessment, pricing, and reimbursement procedures can — depending on the regulatory and commercial context.

Other International (Japan), Utility Patent

Japan IP High Court 令和3年(ネ)第10037号 (Remitch / 止痒剤) — Extended Pharmaceutical Use Patent Reaches Generic with Same Active Ingredient and Therapeutic Equivalence; ¥21.7 Billion Damages Award Affirmed

The Japan Intellectual Property High Court reversed the Tokyo District Court and held that a generic narlfrafen hydrochloride (nalfurafine) anti-itch product infringes Toray’s term-extended pharmaceutical use patent on Remitch, awarding the patentee approximately ¥21.7 billion (~US$140 million) in damages. The decision expansively defines the scope of extended Japanese pharmaceutical patents — covering generics with substantively identical active ingredient, dosage, usage, and indication, not merely formally identical products.

Other International (Korea), Utility Patent

Korea Supreme Court 2025다202970 — Territoriality Defeats Indirect-Infringement Claim Against Korean Manufacturer of 13-Valent Pneumococcal Vaccine Components Exported for Foreign Assembly

Korea’s Supreme Court affirmed dismissal of indirect patent-infringement claims against a domestic manufacturer that produced 13 individual conjugate substrates in Korea but exported them for final mixing into a 13-valent pneumococcal vaccine abroad, holding that under the territoriality principle of Korean Patent Act § 127(1), “production” must occur within Korean territory and a foreign-completed final assembly does not trigger Korean indirect-infringement liability.

Other International (France), Trademark, Federal

Cour de cassation, Chambre commerciale, 14 mai 2025 (n° 23-21.296) — Trademark Forfeiture for Non-Use Requires Court to Identify Autonomous Sub-Categories Within Registered Goods/Services

France’s Cour de cassation held that when assessing trademark forfeiture for non-use under Article L.714-5 CPI, courts must analyze whether the proven use covers an autonomous sub-category of goods or services narrower than the registered category — looking to the purpose or destination of the products or services rather than being constrained by Nice classification headings.

EU Courts, Utility Patent

UPC Local Division Düsseldorf — Sanofi & Regeneron v. Amgen (UPC_CFI_505/2024) — Framework for Infringement of Second Medical-Use Claims and Rejection of “Pleading Ignorance”

The UPC Düsseldorf Local Division articulated the substantive framework for second medical-use claim infringement: the alleged infringer must offer or place the medicinal product on the market in a way that leads or may lead to the claimed therapeutic use, with knowledge or constructive knowledge that it does. Procedurally, the panel rejected “pleading ignorance” as a recognized form of defense, holding that the UPC Rules of Procedure do not acknowledge that pleading style.

Other International (China), Utility Patent

Supreme People’s Court of China — Chengdu Chip Co. v. Mao Tech (2023) 最高法知民终2903号 — Power-Management Chip Patent Infringement Reversed; SPC Tightens Doctrine of Equivalents for Logic-Circuit Patents

The Supreme People’s Court IP Tribunal reversed a first-instance finding of patent infringement in a power-management chip dispute, holding that pulse-signal generation circuit features in the accused chip differed from the patented features in means, function, and effect — and therefore neither identically infringed nor were equivalent. The decision is the SPC’s most prominent 2025 elaboration of the doctrine of equivalents in logic-circuit patents.

Copyright, Other International (France)

Tribunal judiciaire de Paris, 10 avril 2025 (n° 22/10720) — Hermès v. Maison R&C — First French “Upcycling” Decision Holds Recombining Authentic Hermès Scarves Into Denim Jackets Constitutes Copyright and Trademark Infringement

The Paris Judicial Court issued France’s first major upcycling decision, holding that incorporating cut pieces of authentic Hermès silk scarves into Levi’s denim jackets — even when sold as commercial ‘upcycling’ — constitutes copyright infringement, trademark infringement, and unfair competition. The court rejected the argument that environmental sustainability operates as a defense to luxury IP rights.

EU Courts, Utility Patent

BSH Hausgeräte v. Electrolux (C-339/22) — CJEU Grand Chamber Holds EU Member-State Courts Have Cross-Border Jurisdiction Over European Patent Infringement Outside Their Forum, Even When Validity Defenses Are Raised

The CJEU Grand Chamber held that Article 4(1) of Regulation 1215/2012 entitles a court of a defendant’s domicile member state to hear infringement claims regarding a European patent’s national parts validated in other member states (and even in non-EU states), notwithstanding invalidity defenses raised under Article 24(4). The decision dramatically expands cross-border patent litigation in the EU and is the doctrinal foundation for the UPC’s long-arm jurisdiction over non-UPC-state patent rights.

Federal Circuit, Utility Patent

Maxell v. Amperex Technology — Federal Circuit Reverses Indefiniteness Finding for Lithium-Ion Battery Patent

The Federal Circuit reversed a district court’s indefiniteness ruling on a lithium-ion battery patent, holding that two claim limitations are not contradictory—and therefore not indefinite—if they can both be satisfied simultaneously, even if one limitation makes an element optional while a narrowing limitation in the same claim makes that element mandatory.

Federal Circuit, Patent Subject Matter Eligibility

Chewy v. IBM — Federal Circuit Invalidates Web Advertising Patents Under § 101, Partially Reverses on Infringement

The Federal Circuit affirmed that IBM’s patent claims directed to identifying advertisements based on search queries are abstract ideas ineligible under § 101—using a conventional database to match ads with search results adds no inventive concept—while partially reversing on noninfringement, remanding one claim for further proceedings.

Federal Circuit, Utility Patent

Promptu Systems v. Comcast — Federal Circuit Reverses Claim Construction for Voice Recognition Cable TV Patents

The Federal Circuit vacated and remanded a district court judgment in a voice-recognition/cable-TV patent dispute, holding that the district court improperly narrowed several claim terms—including ‘back channel’ and ‘centralized processing station’—to specific features described in the specification rather than construing them according to their plain and ordinary meaning as understood by a skilled artisan.

Federal Circuit, Utility Patent

RAI Strategic Holdings v. Philip Morris — Federal Circuit Clarifies Written Description Standard for Claimed Ranges in Predictable Arts

The Federal Circuit vacated the PTAB’s written description rejection of e-cigarette patent claims directed to a heater-length range, holding that in predictable arts a narrower claimed range can be adequately supported by a broader disclosed range without requiring explicit disclosure of the specific narrower range—and that prior art statements made for unrelated purposes do not automatically establish motivation to combine.

Federal Circuit, Utility Patent

Weber v. Provisur Technologies — Federal Circuit Holds Confidential Operating Manuals Can Be Prior Art Printed Publications

The Federal Circuit reversed the PTAB, holding that operating manuals distributed to a limited number of customers with confidentiality notices still qualify as ‘printed publications’ and prior art under § 102, because the relevant inquiry is whether interested members of the public could locate the document through reasonable diligence—not whether the document was widely distributed.

Federal Circuit, Trademark, Federal

In re GO & Associates — Federal Circuit Affirms ‘EVERYBODY VS. RACISM’ Fails to Function as Trademark

The Federal Circuit affirmed the TTAB’s refusal to register EVERYBODY VS. RACISM as a trademark for apparel, holding that the phrase functions as an informational, anti-racist message rather than as a source identifier — and confirming that widespread use of a phrase in an informational context undermines trademark registration.

Federal Circuit, International Trade Commission, Utility Patent

Roku v. ITC — Federal Circuit Holds Domestic Industry Economic Prong Can Be Satisfied by Investment in Patent-Covered Component Alone

The Federal Circuit affirmed the ITC’s finding that Universal Electronics satisfied the domestic industry requirement under Section 337 based on its investments in QuickSet technology — a patented component integrated into televisions — even though those investments did not cover the entire television product.

Federal Circuit, Utility Patent

CyWee Group v. ZTE — Federal Circuit Holds IPR Joinder New-Issue Bar Does Not Apply to Motions to Amend

The Federal Circuit held that the statutory prohibition barring time-barred, joined IPR parties from introducing new issues into a proceeding does not apply when a patent owner files a motion to amend its claims—a joined party may oppose such a motion even if it could not have raised new issues in the merits phase, because the patent owner itself opened the door to new issues by proposing amended claims.

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