New on Patently-O: Prof. Camilla Hrdy @law.rutgers.edu explores the legal battle over AI reverse engineering in OpenEvidence v. Pathway. Can extracting data from a generative AI be legal reverse engineering, or is it trade secret misappropriation? patentlyo.com/patent/2025/...

After 18 years & 5 trips to the Federal Circuit (plus 1 SCOTUS detour), Halo v. Pulse continues its saga. The latest Feb 2025 decision effectively nullifies a jury's willful infringement finding by allowing judges to second-guess without clear standards. #PatentLaw patentlyo.com/patent/2025/...

Thank you to @meeradeo.bsky.social for joining us in Columbia Mo (Mizzou Law) to talk about law school and belonging: Looking to nurture and support a sense of community in the law school through mentorship, open dialogue, and spaces where everyone feels valued. Grateful for the insights!

When Shakespeare's villain says "First, let's kill all the lawyers," it's not a joke - it's because lawyers are society's key defense against tyranny. (Henry VI, Part 2).

@zvirosen.bsky.social has a great new article looking at AI copyright from a historical perspective - including a list of "six lessons we can take from this history and apply to copyright law today." papers.ssrn.com/sol3/papers....

For this chart I looked at US patent applications that received a "final rejection" in January 2024 and there status 1-year later in January 2025. About half have issued as patents. In negotiation frame: There is usually another offer after the final offer. patentlyo.com/patent/2025/...

Fed Cir reverses ITC in US Synthetic, holding composition claims can't be "abstract ideas" merely because they're defined by properties. Major win for chemical/pharma patents, creating clear pathway for claiming compositions of matter. patentlyo.com/patent/2025/...

MacDonald v. Minnesota, 24-862 Is an election law requiring proof that judicial candidates have state law licenses in order to qualify as 'learned in the law' unconstitutional under Marbury v. Madison?

I read a remarkably bold petition for certiorari filed this month in Shen Zhen v. US, 24-855. A Chinese real estate developer (Huang Wei) is asking the US Supreme Court to effectively rewrite decades of federal bribery law -- in favor of allowing more bribery. www.linkedin.com/feed/update/...

I'm surprised by the district court's rejection of fair use defense in Thompson Reuters v. Westlaw - focusing on Ross's use of Westlaw headnotes as inputs into its AI system. patentlyo.com/media/2025/0...

The Federal Circuit continues relying heavily on Rule 36 summary affirmances in 2025, disposing of complex patent cases without written opinions. This practice raises serious concerns about judicial transparency and development of patent law. patentlyo.com/patent/2025/...

@design-law.bsky.social might like this case: Lu v. Hyper Bike - Federal Circuit just affirmed dismissal in R.36 judgment. But the district court’s opinion of non-infringement is notable for a lack of analysis of non-infringement.

#USPTO has emailed examiners with a memo suggesting that, for now, they are largely shielded from return-to-office mandate through union protections. The POPA collective bargaining agreement is the crucial buffer as the agency implements the new White House directive. patentlyo.com/patent/2025/...

For right now, yes. Anyone in management, such as SPEs, just got screwed though. Training is gonna take a huge hit and SPEs are like 90% of our support in the examining core. Further, OPM has just asserted that the CBA is illegal, so we'll have to see if the average examiner is actually protected.

The USPTO faces major disruptions due to new White House directives, including a hiring freeze, newly ordered mandatory in-office work for PTAB judges, and a controversial resignation program. These shifts risk worsening the patent backlog and eroding institutional expertise. #patents #USPTO

The government keeps saying that trans people are bad, but here’s the thing: trans people are actually extremely cool

Here is the offending tweet - question is whether Grecco waited too long to seek his copyright claim.

SCOTUS recently issued four calls for the views of the solicitor general (CVSG). Sarah Harris is the current acting solicitor general of the United States -- jumping in on January 20, 2025. Harris was most recently a partner at Williams & Connolly and a former clerk for Justice Thomas.

The pending SCOTUS case of Alabama v. California, 22O158 is interesting because Alabama is arguing against states rights. California (along with CT, MN, NJ, and RI) sued major energy companies (Exxon Mobil, Shell, Chevron) alleging they knew about climate change impacts but failed to disclose.

We must recognize the danger that age verification laws have beyond pornography. They could clear the way for politicians to deem harmful any content they disagree with, such as LGBTQ+ content or content about abortion.

Not surprised that many lawyers are underperforming in providing pro bono work. This would be a good time for lawyers to step it up. www.law360.com/articles/228...

Another Second Amendment Petition to the Supreme Court. This one from Minnesota. The 8th Circuit ruled MN law barring <21 from getting a public carry permit violates the Second Amendment. Big implications for age restrictions on firearms nationwide. #SecondAmendment #GunLaws

Among the 8th Circuit Judges, 11 of the 12 were appointed by a republican president: 2 - George HW Bush 5 - George W Bush 1 - Barack Obama 4 - Donald Trump (This includes 1 active senior status judge).

New CAFed decision upholds Ravgen's fetal DNA testing patent, finding no obviousness in combining known cffDNA testing with use of formaldehyde to prevent degradation. 2003 patent filing date. patentlyo.com/patent/2025/...

Chinese AI startup DeepSeek unveils #opensource model to rival #OpenAI o1 - www.computerworld.com/article/3808... " With its MIT license and ultra-low costs, DeepSeek could be an appealing and cost-effective option for enterprise adoption. " #china

I call this chart Heartbeat of the USPTO. patentlyo.com/patent/2025/...

Pisner v. McCarthy 24-752 QP: Is there a minimum amount of explanation in an appellate opinion necessary to meet due process requirements, to verify that an appellate court actually treated the appeal as an of right appeal, and where lack of explanation would undermine post opinion procedures?

The general rule is in Federal Courts is that a human-person can either self represent (pro se) or be represented by a lawyer. But, certain folks must have legal representation - corporations and other non-human "people" as well as humans without the capacity to represent themselves.

Michigan gun rights advocate (and Ann Arbor resident) Joshua Wade is petitioning SCOTUS to review the constitutionality of University of Michigan's campus-wide firearm ban after the MI Supreme Court upheld the restriction. Wade v. Michigan (No. 24-773).

I'm teaching professional responsibility this year - legal ethics. Day 1 begins with a look at the ABA Model Rules of Professional Conduct that set forth three key roles of a lawyer. 1. Client Advocate and Advisor 2. Officer of the Legal System 3. Public Citizen with Special Responsibilities

1/5 Important new amicus brief filed by Association of Amicus Counsel & Harvard Prof. Mary Ann Glendon in ParkerVision v. TCL (24-518). Brief powerfully argues Fed Circuit's Rule 36 practice directly conflicts with 35 USC §144's mandate for written opinions in USPTO appeals. #JudicialTransparency

The time is always right to do what is right. MLK

The only way to make sense out of change is to plunge into it, move with it, and join the dance. Alan Watts

My blog patentlyo.com is via subscription these days, but I have free subscriptions for those in academia (professors and students) and for folks whose income is <$75k. patentlyo.com/request-pate...

A fascinating trademark timing case: After Nerdio tried buying nerdio.com in 2016, the domain owner rejected the offers and filed an ITU trademark registration application the very next day. But, it turns out that one day prior Nerdio had launched the new name with its existing customers.

I’m better than you and you and that guy #bhuddistjokes #jokes

Two new #SCOTUS cert petitions challenge Michigan's COVID shutdowns as unconstitutional property takings. The cases - from a bowling alley, banquet halls & a gym - ask the Court to revamp its murky regulatory takings doctrine. @pacificlegal.bsky.social represents the petitioners.

I read a lot of court dockets. Federal Circuit dockets are unusual because of the very large number of Non-Compliance Notices. These days I am actually surprised when I see a docket without such a notice or a re-filed document. We're talking multi-million dollar cases by top appellate attorneys.

I think the TikTok poll would change if asked today. www.linkedin.com/posts/patent...

this *absolutely* happens

Why… did you sign this law then? www.nbcnews.com/politics/joe...

Exciting opportunity! Mizzou Law seeks an accomplished legal scholar for an Endowed Chair position. Part of the Mizzou Forward initiative, we're looking for a tenured professor passionate about both research excellence & student mentorship. Focus on Con Law/Property, but open to all fields.

1/3 New #SCOTUS cert petition challenges Fed Circuit's handling of jury verdicts in patent cases. Provisur argues the appeals court is improperly reweighing evidence rather than viewing it in light most favorable to verdict winner. patentlyo.com/patent/2025/01/inviolable-nature-verdicts.html

New SCOTUS petition raises an interesting access-to-justice question: Can parents represent their children pro se in federal court? Currently, some courts require children to hire lawyers or forfeit their claims entirely.

Important trade secrets case headed to SCOTUS: Hytera v. Motorola asks whether civil suits under the Defend Trade Secrets Act can reach overseas conduct. 7th Circuit said yes after Hytera stole Motorola's DMR radio tech via ex-employees, leading to $543M verdict.

A new religious discrimination petition: Anti-gay Thomas More Society is representing Snyder, fired from Arconic after posting on the company intranet that using the rainbow symbol for Pride was "an abomination to God" and "not meant to be displayed as a sign for sexual gender."

What's your newest fad? Here's mine: #ColdPlunge! A few uncomfortable minutes and then I get a day of focus and presence. Anyone else?

USPTO has released its its new AI Strategy Document. It is an important document, but its release within 1-week of a new administration means that it may be entirely shelved. Key issues: 1. New AI Patent Examination Guidelines coming 2. AI-Assisted Prior Art Searching (already here and growing).

Federal Circuit's Lynk Labs ruling: published patent applications count as prior art from their filing date in IPRs. The court oddly says that the term "publication" is time agnostic. IMO the opinion has some major faults. #PatentLaw patentlyo.com/patent/2025/...