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**DISTRICT COURT ERRONEOUSLY RELIED ON EXPERT TESTIMONY IN ANTICIPATION DETERMINATION
Bd. of Regents of the Univ. of Tex. Sys. v. Boston Sci. Corp., 24-2062, 24-2063 — Yesterday in an opinion by Judge TARANTO, the Federal Circuit reversed a district court judgment that BSC had infringed UT’s patent for a drug-releasing biodegradable polymer. BSC argued that a single prior-art reference anticipated three limitations claiming a “biodegradable polymer fiber” composed of a “second phase,” to mean “the discrete drug-containing regions dispersed throughout the fiber,” those phases “being immiscible.”
The Federal Circuit agreed. UT’s expert had distinguished the prior art as limited to “radial direction” drug release via chewing and to “contiguous” drug phases, unlike the patent’s tissue-engineering/stent applications and noncontiguous phase. The court found the prior art’s teachings were “plainly broader” than testified to: they did not require radial elution, were not limited to chewing gum, which was listed as just one of several embodiments, expressly allowed noncontiguous phases covered by UT’s patent, and disclosed that the “active agent” and “wall material . . . must be immiscible with each other.”
(1 to 4 stars rate impact of opinion on patent & trademark law)
USPTO DEPUTY DIRECTOR COKE MORGAN STEWART TO DEPART AGENCY
Yesterday USPTO Deputy Director COKE MORGAN STEWART announced that she will leave the agency this week to return to the private sector. Stewart was sworn in as Acting USPTO Director on January 20, 2025, and continued as Deputy Director after JOHN SQUIRES became Director on September 22, 2025. In a LinkedIn post, she highlighted her work on reducing the patent application backlog, revising AIA discretionary denial practices, and updating guidance on AI-assisted inventions. She thanked Secretary of Commerce HOWARD LUTNICK and Director Squires, who recognized her work with a Director’s Award. No successor has yet been announced.
IPO LAW JOURNAL PUBLISHES WHITEPAPER ON PROTECTION OF COLOR TRADEMARKS
Last week the IPO Law Journal published Protection of Colour/Color Trademarks: An International Perspective, a whitepaper exploring the global protection of specific colors that act as badges of origin. Collated by the IPO International Trademark Law & Practice Committee, the paper serves as a valuable resource for practitioners, with expert contributions from around the world and a comparative overview of the registrability, protection, and enforcement of color marks across several jurisdictions. Thank you to all contributors for their work and a special thank you to committee Vice Chair Dr. VICTORIA LONGSHAW (Houlihan Intellectual Property) for leading the project.
The Committee will be hosting a session entitled Global Update on Colour Marks in Trademark Law at the 2026 IPO Annual Meeting, during which they will discuss some of the key insights explored in the whitepaper.
IPO 2026 ANNUAL MEETING SPEAKERS ANNOUNCED
Speakers for IPO’s Annual Meeting have been announced. To view the full program with speaker names, visit www.ipo.org/am2026 and select the “program” tab. IPO’s Annual Meeting will take place in Toronto, ON, Canada from September 27-29, 2026. This must-attend event brings together IP professionals from corporations, law firms, government, academia, and service providers from around the world to discuss strategies, trends, and best practices. Thirty education sessions will cover patents, trademarks, copyrights, industrial designs, trade secrets, AI, open source, corporate IP management, and more. Visit the website to view the full program and to register.
SENATE CONFIRMS FIVE USITC COMMISSIONER NOMINEES, RESTORING FULL BENCH
On July 16, the Senate confirmed five nominees to the U.S. International Trade Commission by voice vote, restoring the agency to its full six-member panel for the first time in years. The confirmed commissioners are BRETT DOYLE, DAVID FOLEY JR., SAMUEL NEGATU, PETER-ANTHONY PAPPAS, and BARTHOLOMEW THANHAUSER.
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COMING SOON ON THE IP CHAT CHANNEL™: THE “SCHEDULE A,” B, AND CS OF PROTECTING AGAINST ONLINE COUNTERFEITING
Join the IP Chat Channel™ on Wednesday, August 12 at 1:00pm ET for a webinar that will cover the ABCs of Schedule A litigation, including advantages such as joinder of multiple defendants, ex parte temporary restraining orders and preliminary injunctions, alternative service of process, and default judgments. The webinar’s panel RON DICERBO (McAndrews, Held & Malloy, Ltd.) and MIKE SWEENEY (Corsearch) will also address court challenges and the future of Schedule A litigation.
IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.
JOIN THE ASIAN PRACTICE COMMITTEE
For IP professionals with interests across Asia, IPO’s Asian Practice Committee offers a direct line to developments in the region’s fast-evolving IP landscape. In 2026, the committee is:
- Submitting comments on IP laws and regulations across Asian jurisdictions
- Maintaining active engagement with the USPTO’s China and India Teams
Join us to help monitor, analyze, and shape IP policy across one of the world’s most dynamic regions. Apply to the Asian Practice Committee today at www.ipo.org/joinacommittee.