Manufacturing Memo Cuts Big Tech's Sway
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The Patent Office’s move to factor where products are made in validity reviews could tilt access to the agency’s administrative tribunal against Big Tech companies without a manufacturing base in the US, Christopher Yasiejko reports. Reviews by the Patent Trial and Appeal Board will include “the extent to which any products accused of infringement in a parallel proceeding are manufactured in the United States or are related to investments in American manufacturing operations,” PTO Director John Squires said in a memo. Factors will also include whether competing products are made domestically and whether the petitioner is a small business. The memo adds to the discretionary factors the agency can weigh when deciding whether to take up patent reviews that are often sought by companies accused of infringement in lawsuits. Last week’s memo is part of the Trump administration’s “tech-lash” and its push to reorient US policies toward domestic manufacturing, according to University of Texas law professor Paul R. Gugliuzza. It’s “bad news for companies like Samsung, Google, and Apple, but good news for patent trolls and the third-party funders backing them,” he said. But it’s unrealistic and “absurdly self-aggrandizing” to expect companies to shift manufacturing to gain better odds at launching or defeating a patent review, Gugliuzza said.
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The publisher of the “Chicken Soup for the Soul” franchise sued the bulk of the AI industry in a second copyright suit from those who opted out of a $1.5 billion settlement with Anthropic PBC. Read More
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A Justice Department letter accusing the US Patent and Trademark Office of restarting an “illegal” application review program is enough to reopen discovery in inventors’ privacy lawsuit against the agency, a federal magistrate judge ruled. Read More
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US Patent and Trademark Office Director John Squires rejected a Chinese company’s patent-validity challenge, announcing a new ground to turn petitions away: government ownership interest in the challenging company. Read More
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VideoAmp Inc. once again defeated patent infringement allegations by competitor Nielsen Co. after a Delaware federal judge determined the claimed methods for data measurement are abstract, and thus invalid. Read More
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Anthropic PBC was hit with yet another copyright lawsuit over how it developed its AI models, this time from music publisher and record label BMG Rights Managements (US) LLC. Read More
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The US Patent and Trademark Office is finalizing a rule requiring foreign patent applicants to be represented by a registered practitioner, which it said would “harmonize patent filing practice” in the US with other countries’ intellectual property offices. Read More
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An Irish patent owner sued Google LLC over its cloud and search engines products two days after a California federal judge dismissed its separate consolidated case against the tech giant. Read More
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A redesigned Apple Watch doesn’t infringe two Masimo Corp. patents, a US trade judge found, a day before an appeals court upheld the US International Trade Commission’s 2023 order barring Apple Inc.'s imports of certain smartwatch models. Read More
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Stuart Nelson joined Norton Rose Fulbright as a partner as it expands its intellectual property practice in Minneapolis, the firm announced Monday. Read More
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Non-Equity Partners Feel Unsatisfied
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Equity partners tend to be the happiest with their jobs at law firms, according to Bloomberg Law’s latest Attorney Workload & Hours Survey of nearly 1,500 attorneys and legal professionals across the country. Only about 40% of non-equity partners expressed job satisfaction, compared with nearly 60% of their colleagues with ownership stakes. Associates show similar dissatisfaction, with burnout especially high among mid-level associates. Attorneys worked an average of just over 50 hours a week last year, according to our survey respondents. Some of these feelings may stem from dramatic pay differences. Non-equity partners make about 60% less in total compensation than equity partners, despite working and billing roughly the same number of hours. “You’re valuable; you do really good work; you take care of these clients really, really well,” said Frank Bernstein, an intellectual property lawyer with Squire Patton Boggs. “But you’re not bringing in business, which is what makes a big difference in terms of compensation.”
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The court denied Gameshow Network LLC’s motion for summary judgment on Cinemavault Inc.'s action for trademark infringement and unfair competition relating to the “Cinemavault” mark, because a genuine dispute of material fact exists as to likelihood of confusion. Cinemavault Inc. v. Gameshow Network LLC, 2026 BL 90481, D. Del., 23-00032, 3/17/26 Read More
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The court granted USA Weightlifting Inc. summary judgment on USA Masters Weightlifting Inc.'s action for trademark infringement, unfair competition, violation of the Anticybersquatting Consumer Protection Act, and conversion relating to the “USA Weightlifting” and “USA Masters Weightlifting” marks USA Masters Weightlifting Inc. v. USA Weightlifting Inc., 2026 BL 91042, S.D.N.Y., 25-cv-6095 (JSR), 3/17/26 Read More
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The court denied Flashpoint Energy Partners LLC and a former employee summary judgment on Kiva United Energy’s trade secret misappropriation and breach of contract action, because Kiva sufficiently identified its claimed trade secrets, and questions of fact exist. Kiva United Energy v. Flashpoint Energy Partners LLC, 2026 BL 90404, D. Utah, 2:24-cv-00250, 3/17/26 Read More
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The court granted Garmin International Inc. summary judgment on Wisconsin Archery Products LLC’s action for infringement of a patent that discloses an auto-correcting bow sight because Wisconsin Archery’s claims are precluded by res judicata. Wis. Archery Prods., LLC v. Garmin Int’l, Inc., 2026 BL 90600, D. Kan., 24-2076-JAR, 3/17/26 Read More
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The PTO director granted LG Display Co. Ltd.'s request for discretionary denial of institution in Tianma Microelectronics Co. Ltd.'s petition for inter partes review of LG’s patent that discloses an organic light emitting display and method of fabricating the same. Tianma Microelectronics Co. Ltd. v. LG Display Co. Ltd. , P.T.A.B., IPR 2025-01579, 3/18/26 Read More
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