Federal Circuit

Modern AI (artificial intelligence) involves sophisticated algorithms and massive computing power. AI has been used to solve numerous problems, and it seems AI's only limit is human creativity. Despite its successes, however, no AI has reached sentience (or even so-called "strong" AI), despite claims that a Google employee recently made regarding LaMDA. We are a ways away from HAL 9000, but even so, weak AI is powering numerous industries and helping researchers, scientists, and others develop groundbreaking and novel technologies.

Arthrex Inc., a medical device company, requested inter partes review of its patent for a knotless suture by the Patent Trial and Appeals Board. As many anticipated, the Board found several claims in Arthrex's patent invalid. Arthrex appealed the Board's decision, arguing that the way the APJs are appointed violates the Appointments Clause. The Federal Circuit agreed and provided a fix that could resolve the problem without upending the entire patent appeals system.

A German tech developer's patent infringement suit against Sirius XM Radio was revived in the Federal Circuit this month. Fraunhofer-Gesellschaft claims Sirius XM's reliance on a possibly-defunct licensing agreement means the satellite radio provider is infringing on Fraunhofer's patents. The decision vacates a 2018 ruling in Delaware district court, where Sirius XM's motion to dismiss was granted based on a finding that it had a license to use Fraunhofer's technology.

Trademarks are used to distinguish one product from another in the marketplace. A recent trademark application by the Ohio State University proposes that nothing says OSU like the letters THE. The university has a scheme to market t-shirts, hats, and other items with the innocuous word “The” in bold capital letters and a small version of the university logo underneath. Josh Gerben, the Washington, D.C.

A veteran's health care director, caught in the crossfire of reports that veterans had died while waiting for care, lost the battle over his job with the Department of Veterans Affairs. After being removed from his position, Lance Robinson challenged the decision before the Merit Systems Protection Board. In Robinson v. Department of Veterans Affairs, the Federal Circuit Court of Appeals affirmed the decision.

Among the federal appeals courts, the U.S. Federal Circuit Court of Appeals doesn't make many headlines. After all, most of its decisions are not precedential. That, and they don't read like crime novels. They are overwhelmingly complex and technical because the Federal Circuit handles patent and trademark disputes. Even if you are an intellectual property attorney, chances are you missed many cases over the past few months.