In The Receivership Estate of AudienceScience Inc. v. Google LLC, the Federal Circuit affirmed a district court’s grant of judgment on the pleadings that patents covering targeted advertisement are ineligible under 35 U.S.C. § 101 and affirmed dismissal without leave
IP Law Watch
IP Law Watch, published by K&L Gates, focuses on developments in intellectual property law including trademarks, patents, copyrights, and design rights. The blog covers regulatory changes such as amendments to trademark systems, updates on copyright legislation including orphan works schemes, and fee adjustments by intellectual property offices like the UKIPO. It also discusses patent eligibility guidance, particularly in emerging technologies like artificial intelligence, and procedural innovations such as streamlined patent application programs. The content addresses both domestic and international IP law issues, providing insights into legal frameworks, policy proposals, and administrative practices affecting IP rights holders and practitioners.
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NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under the AIA
In NCS Multistage Inc. v. Nine Energy Service, Inc., the Federal Circuit held that a patentee’s prior commercial sale of a device embodying the invention does not qualify as a “public disclosure” under the AIA safe harbor of 35…
Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts in Australia
In a move to ‘promote the human nature of artistry’,[1] the Australian Recording Industry Association (ARIA) amended its guidelines to exclude songs mostly or entirely created by generative artificial intelligence (Gen AI) from Australia’s main music charts.
This announcement comes…
Good Different, or Not Different Enough? Aldi Infringes Hampden’s Copyright in Snack Packaging
The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of…
Federal Circuit Confirms § 112(a) Support Required for a Reference’s Provisional Prior-Art Date
In Dental Monitoring SAS v. Align Technology, Inc., the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) decision and held that under 35 U.S.C. § 102(d)(2), a published patent application receives the benefit…
USPTO Appeals Review Panel Reaffirms Broad Reach of Double Patenting Doctrine
In a recent sua sponte rehearing decision from the United States Patent and Trademark Office’s Appeals Review Panel (ARP), it reversed an earlier Patent Trial and Appeal Board decision and held that obviousness-type double patenting (OTDP) may remain a concern…
Revision of Regulations on the Protection of Layout-Designs of Integrated Circuits in China
On 26 June 2026, the State Council of the People’s Republic of China (PRC) issued the revised Regulations on the Protection of Layout-Designs of Integrated Circuits (2026 Regulations), which shall come into force on 15 October 2026. The Council promulgated…
USPTO’s PTAB Rulemaking Signals a Major Shift in IPR Practice
The USPTO appears poised to finalize a significant revision to Patent Trial and Appeal Board (PTAB) practice. A final rule titled Revision to Rules of Practice Before the Patent Trial and Appeal Board (90 FR 48335) is currently undergoing Executive…
Ambush Marketing: The Aftermath of Milano Cortina 2026
The Italian Competition Authority (AGCM) has issued one of the most significant anti-ambush marketing decisions since Italy introduced specific legislation to protect major sporting events. The AGCM imposed fines exceeding a total of €2.5 million on six companies after concluding…
Changes In the Service of Documents Regarding Non-Use Cancellation Against International Registrations
On 5 June 2026, the China National Intellectual Property Administration (CNIPA) issued a notice for the service of documents related to “non-use cancellation” proceedings. In line with the notice, CNIPA will no longer send documents relating to non-use cancellations to…