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Intellectual Property

  • Amici Tell Justices to Rein In USPTO’s ‘Settled Expectations’ Doctrine
    by Eileen McDermott on September 20, 2026 at 4:15 pm

    Following a July petition for writ of certiorari filed by Kahoot AS! asking the U.S. Supreme Court to consider whether the U.S. Patent and Trademark Office’s (USPTO’s) “settled expectations” doctrine for denying inter partes review (IPR) requests is authorized under the patent statute, the PTAB Bar Association and other amici this past week have urged the Court to take up… The post Amici Tell Justices to Rein In USPTO’s ‘Settled Expectations’ Doctrine appeared first on IPWatchdog.com | Patents & Intellectual Property Law.

  • Other Barks & Bites for Friday, September 18: Third Circuit Hears Arguments in Vintage Merch Case; Ninth Circuit Nixes Output Challenge Under DMCA; and CAFC Affirms Attorneys’ Fees in Lab-Grown Diamond Case
    by Steve Brachmann on September 18, 2026 at 5:15 pm

    This week in Other Barks & Bites: the Ninth Circuit finds that a series of Doe plaintiffs did not succeed on the theory that GitHub’s AI-powered coding platform violated the Digital Millennium Copyright Act (DMCA) under an output theory; U.S. Patent and Trademark Office (USPTO) Director John Squires says that U.S. trademark filings have increased 11% compared to the first nine months of 2025; the Protect College Sports Act moves toward a vote on the U.S. Senate floor that will likely happen next week; and more. The post Other Barks & Bites for Friday, September 18: Third Circuit Hears Arguments in Vintage Merch Case; Ninth Circuit Nixes Output Challenge Under DMCA; and CAFC Affirms Attorneys’ Fees in Lab-Grown Diamond Case appeared first on IPWatchdog.com | Patents & Intellectual Property Law.

  • New Bill Would Overhaul Judicial Misconduct Proceedings in Light of Moore-Newman Battle
    by Eileen McDermott on September 17, 2026 at 5:01 pm

    Representative Scott Fitzgerald (R-WI) has introduced a bill to amend the Judicial Conduct and Disability Act, inspired by U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman’s fight to restore her status as an active judge, following a three-year suspension of her duties initiated by CAFC Chief Judge Kimberly Moore. The post New Bill Would Overhaul Judicial Misconduct Proceedings in Light of Moore-Newman Battle appeared first on IPWatchdog.com | Patents & Intellectual Property Law.

  • Schedule A Litigation Is Not the Problem: Online Counterfeiting Is
    by Gene Quinn on September 17, 2026 at 4:15 pm

    Online counterfeiting has become ubiquitous. A seller located anywhere in the world can create a digital storefront, copy a brand owner’s photographs and product descriptions, adopt a business name that reveals nothing, and begin selling into the United States before the brand owner even knows the account exists. If the seller is discovered and enforcement begins, the listing disappears, the money moves out of the country and beyond the practical reach of the court system, and a new account surfaces under a different name. Then the entire process repeats. The post Schedule A Litigation Is Not the Problem: Online Counterfeiting Is appeared first on IPWatchdog.com | Patents & Intellectual Property Law.

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