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Other Barks & Bites for Friday, December 20: CAFC Affirms Orange Book Delisting; House IP Subcommittee Discusses Unfair SEP Licensing Practices in China; and the UK Considers AI and Copyright December 20, 2024
This week on Other Barks & Bites: the Second Circuit affirmed a district court’s summary judgment dismissing trademark infringement claims against PepsiCo’s MTN Dew Rise Energy drink; witnesses urged the House IP Subcommittee to address long-standing unfair practices in China related to standard-essential patents; the Senate holds a hearing on RESTORE, which proposes make it […]
Steve Brachmann
Copyright on the Calendar: Top Cases of 2024 and What to Watch in 2025 December 20, 2024
Copyright law provided an arena for some of the most interesting legal battles in 2024. We review some highlights from 2024 below, as well as some cases to watch in 2025.
Yan Sun
Director Review Clarified Co-Defendant IPR Challenge Rights in 2024 December 19, 2024
In 2024, two U.S. Patent and Trademark Office (USPTO) Director Review decisions addressed multi-defendant inter partes review (IPR) petition scenarios before the Patent Trial and Appeal Board (PTAB). These key decisions clarified when a co-defendant relationship is significant enough to constitute a follow-on petition for discretionary denial purposes and when a relationship might rise to […]
Scott A. McKeown
The Most Important Federal Circuit Decisions from the Second Half of 2024 December 19, 2024
The last six months of 2024 saw numerous interesting, precedential decisions from the Federal Circuit on a range of patent issues. This article briefly summarizes six of those opinions as well as a perceived trend relating to mandamus petitions.
Megan S. Woodworth
The Fox Who Would Guard the USPTO Henhouse December 19, 2024
The position of director of the U.S. Patent and Trademark Office (USPTO) is one of the most critical positions in the U.S. government. This is especially true if a key objective is to outcompete America’s most adversarial competitors (and trading partners) such as China. That’s why the reported leading candidate for USPTO director raises so […]
James Edwards
RESTORE Act Hearing Witnesses Butt Heads on Impact of eBay December 18, 2024
A hearing held today by the Senate Subcommittee on Intellectual Property featured witnesses both for and against the recently introduced Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 trading competing statistics and anecdotes about whether or not the Supreme Court’s 2006 eBay v. MercExchange decision has actually harmed […]
Eileen McDermott
What Happened at the USPTO in 2024—and What’s to Come December 18, 2024
This year was a busy one for U.S. Patent and Trademark Office (USPTO) policy changes, with a number of proposed rules packages introduced, proposed legislation being considered by Congress, and several U.S. Court of Appeals for the Federal Circuit and Supreme Court decisions that are likely to have lasting impacts on the USPTO. Now, we […]
Stephen McBride
Gifts for IP Attorneys 2024: Tools for Office Organization, Business Travel and Fun at Home December 18, 2024
The 2024 holiday season is upon us, and for those still shopping for the IP attorney in their lives, we’ve compiled a list of gift ideas for your last-minute shopping needs. Each year, we reach out to a few industry insiders for gift ideas that are practical, humorous or professional in nature. From smart calendar […]
Steve Brachmann
Thoughtfully and Intentionally Building and Managing an In-House IP Team December 17, 2024
This week my conversation is with Carlo Cotrone, who is a Chief IP Counsel and frequent contributor to IPWatchdog, both our online publication and at our in-person programs. During our conversation we discuss taking a holistic view that focuses on the IP strategy, the people, and the operational aspects of building and managing a team, […]
Gene Quinn
The UPC in 2024: Statistics, Trends and Substantive Law December 17, 2024
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. As of December 9, the UPC has issued over 20 decisions on the merits, primarily involving infringement actions, and numerous decisions relating to provisional measures. The Court has granted injunctions in all cases where a patent has been found to be […]
Juliet Hibbert

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