JOIN AN IPO COMMITTEE IN 2026
The application for 2026-2027 Standing IP Committees is now open! IPO has 29 active committees working on the most important areas of IP law and practice. IPO’s Standing IP Committees are great for networking and are a valuable educational resource. Committees prepare reports and develop recommendations for the IPO Board of Directors on current IP law, policy, and business issues. They are a great opportunity to pick up best practices and other valuable information from fellow members of the IP community.
If you are not already a member of a committee, sign up today! Please contact committees@ipo.org with any questions.
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**METHOD OF INTERNET STREAMING INDEFINITE UNDER SECTION 112
Akamai Techs. Inc. v. MediaPointe, Inc., 24-1571 — Last Tuesday in an opinion by Judge TARANTO, the Federal Circuit affirmed a district court summary judgment that MediaPointe’s patents for a method of streaming media over the internet were invalid as indefinite under 35 U.S.C. § 112(b). MediaPointe argued the claims defined an objective standard for measuring “optimal” routes or “best” nodes for transmitting content because they required comparing various potential “trace routes” identified by the network’s management center.
The Federal Circuit disagreed. The claims did not require the network operator to exclusively use the trace route results in assigning routes and nodes to clients. The specification explicitly stated that the network operator could consider “reasons intrinsic to their own operation such as time of day or other variances” and disclosed a “preferred embodiment” which determined “best performing nodes” through “various factors.” MediaPointe’s own proposed claim construction defined “optimal routes” as those “determined to be among the most favorable . . . based on one or more characteristics.” MediaPointe admitted that the patent did not provide guidance on which trace route result to rely upon when the routes diverged and merely instructed the network operator to move to the next nearest node, not the best performing nodes, if a node failed.
(1 to 4 stars rate impact of opinion on patent & trademark law)
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*PETITIONER FAILED TO CONDUCT ADEQUATE INVESTIGATION PRIOR TO FILING FRIVOLOUS INFRINGEMENT CLAIMS
EscapeX IP, LLC v. Google LLC, 24-1201 — Last Tuesday in an opinion by Judge STARK, the Federal Circuit affirmed a district court order that granted Google attorneys’ fees and costs incurred while opposing patent infringement claims asserted by EscapeX. EscapeX argued the district court had abused its discretion and had “failed to appreciate that EscapeX had performed an adequate pre-suit investigation and pressed only non-frivolous claims.”
The Federal Circuit disagreed. EscapeX’s original and amended complaints “cobbled together features from different Google products,” with the second amended complaint alleging infringement by a product that preexisted the patent-at-issue. EscapeX was on notice of the baselessness of its claims by several letters from Google, which EscapeX failed to answer, and a separate district court judgment that the patent-at-issue was directed to ineligible subject matter.
(1 to 4 stars rate impact of opinion on patent & trademark law)
USPTO AND DOJ URGE ITC TO PRESERVE STRONG PATENT ENFORCEMENT FRAMEWORK
Last week the U.S. Patent and Trademark Office announced that it submitted a Joint Public Interest Comment to the U.S. International Trade Commission in Inv. No. 337-TA-3854, stating that the public interest is best served when valid U.S. patent rights are fully and effectively enforced. The joint filing with the Department of Justice emphasized that patents are constitutional property rights that drive innovation and that strong, predictable remedies are essential to the investment-based risk-taking that brings new technologies to market. The agencies cautioned against approaches that would convert public-interest considerations into preliminary hurdles or de facto barriers to enforcement.
The comment warned that weakening patent remedies undermines the nation’s innovation ecosystem. The USPTO expressed similar views in its June 2025 Joint Statement of Interest with DOJ in Radian Memory Systems v. Samsung, where it underscored that a patent’s value is often not captured through monetary damages alone.
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NEXT WEEK ON THE IP CHAT CHANNEL™: PATENTS THAT MATTER: PORTFOLIO PRUNING, VALUE DEMONSTRATION & EXECUTIVE BUY-IN
Join the IP Chat Channel™ on Wednesday, December 10 at 1:00pm ET for Patents that Matter: Portfolio Pruning, Value Demonstration & Executive Buy-In. Corporate IP portfolios are being scrutinized like never before. How do you identify patents worth maintaining, prune deadweight, and communicate the true business value of your IP? Join in-house counsel and outside counsel EDWARD LIN (Caterpillar Inc.), CYNTHIA MITCHELL (Solventum), ERIK PEREZ (Shell USA, Inc.), THOMAS WONG (Microsoft Corporation) and moderator SHRUTI COSTALES (Shruti Law PLLC) as they unpack real-world approaches to demonstrating ROI, aligning portfolios with business strategy, and preparing for executive-level conversations about IP value.
IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.
JOIN IPO’S AI, DATA, & NET COMMITTEE TO HEAR USPTO GUEST SPEAKERS DISCUSS THE AI AUTOMATED SEARCH PILOT (ASAP!)
IPO’s Artificial Intelligence, Data, & New Emerging Technologies Committee is extending an open invitation to all IPO members to attend its meeting on December 8th at 1:00p.m. ET. The agenda for the meeting includes guest speakers CHARLES KIM and GREG VIDOVICH from the USPTO, who will present and lead a discussion on the USPTO’s new AI Search Automated Pilot Program (ASAP!). RSVP to Committee Secretary Edward Ryan for information on how to join the meeting.
SUPPORT IPO EDUCATION FOUNDATION ON GIVING TUESDAY
Today is Giving Tuesday, a global day of generosity to support people and organizations creating impact in their communities. Consider donating to IPO Education Foundation today. IPOEF strives to promote an understanding of and respect for intellectual property and its value to society, and we rely on the support of our donors to achieve our mission. By supporting IPOEF, you help educate the next generation of innovators about the value of IP and make IP education more accessible, practical, and inspiring. Learn more about Foundation programs at IPOEF.org. Thank you for your consideration and we look forward to sharing our progress in the coming months.
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