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**DISTRICT COURT ERRED IN GRANTING PRELIMINARY INJUNCTION WHERE THERE WAS SUBSTANTIAL QUESTION OVER CLAIM CONSTRUCTION
Ridge Corp. v. Kirk NationaLease Co., 25-1254 – Yesterday in an opinion by Judge MAYER, the Federal Circuit reversed a district court order that enjoined Kirk from manufacturing, advertising, and selling a roll-up door that allegedly infringed Ridge’s patented insulated overhead door. Kirk argued there was a substantial question whether the accused product met claim limitations reciting an “insulated overhead door,” “flexible along the entire length of the panel” with “foam insulating material form[ing] the second outermost surface.”
The Federal Circuit agreed. The claims required a panel flexible along its entire length, while the accused product had both flexible and rigid portions. The patentee had stated during prosecution that a skill artisan would understand the claimed flexibility to result from the entire panel being made of flexible material. The plain and ordinary meaning of “second outermost” was the “second farthest out” layer of the door. During prosecution, the patentee distinguished its invention from structures made of foam “sandwiched” between two pieces of thermoplastic like the accused product. Finally, the specification strongly suggested that an “insulated overhead door” was suitable for cold storage. Kirk’s expert testified that the industry distinguishes insulated doors, used for frozen and refrigerated goods, from dry freight doors, unsuitable for cold-temperature use.
(1 to 4 stars rate impact of opinion on patent & trademark law)
SENATE JUDICIARY COMMITTEE TO HOLD HEARING ON PATENT ELIGIBILITY TODAY
Today at 10:15a.m. ET, the Senate Judiciary Committee will hold a full committee hearing titled “From Genes to Machines: The Patent Eligibility Debate.” The hearing will be held in Hart Senate Office Building Room 216 and webcast live on the Judiciary Committee’s website. Witnesses are former USPTO Director ANDREI IANCU (Council for Innovation Promotion), JOHN LEE (Computer & Communications Industry Association), DEBRA G.B. LEONARD (University of Vermont), and SUE PESCHIN (Alliance for Aging Research).
SENATE FINANCE COMMITTEE TO CONSIDER ITC NOMINATIONS TODAY
Today the Senate Finance Committee is scheduled to vote on whether to advance the nominations of BRETT DOYLE, DAVID FOLEY, JR., SAMUEL NEGATU, PETER-ANTHONY PAPPAS, and BARTHOLOMEW THANHAUSER to be members of the International Trade Commission during a committee meeting scheduled for Tuesday, July 14, at 11:30 AM ET in 215 Dirksen Senate Office Building. If approved by the Committee, the nominations would move to the full Senate for confirmation. Confirming all five would fill every seat on the six-member Commission, which has not been at full strength since 2017.
Pappas serves as director of IP policy for the Senate Judiciary Committee under Sen. THOM TILLIS (R-NC). Foley is chief counsel for intellectual property on the House Judiciary Subcommittee on Courts, Intellectual Property, AI, and the Internet. Doyle is assistant U.S. trade representative for congressional affairs. Thanhauser is deputy assistant U.S. trade representative for Southeast Asia and the Pacific. Negatu is director of government affairs at the Consumer Technology Association and a former USTR official.
CHINA NATIONAL PEOPLE’S CONGRESS ENACTS MAJOR OVERHAUL OF PRC TRADEMARK LAW
On June 26, the Standing Committee of China’s National People’s Congress adopted a comprehensive revision to the PRC Trademark Law that takes effective January 1, 2027. The reform strengthens trademark protection, streamlines procedures, and targets bad-faith filings and trademark hoarding. A procedural change shortens the trademark opposition period from three months to two, requiring brand owners to monitor filings more closely.
Key amendments include:
- Digital Use & Scope (Art. 2): Trademark use now expressly includes commercial activities conducted through the internet and other information networks, extending protection to digital-first brands and online business activities.
- CTMO Procedural Discretion (Art. 41): The China Trademark Office may suspend review proceedings when outcomes depend on related judicial or administrative cases, providing greater procedural flexibility.
- Escalated Penalties (Art. 56 & 70): Misleading trademark use may result in fines of up to five times illegal turnover (where turnover exceeds RMB 50,000) or up to RMB 250,000 where turnover cannot be determined. Repeated violations may lead to registration cancellation. The law also establishes a formal whistleblower mechanism.
- Cross-Border Recognition (Art. 69): The CTMO may recognize a trademark as well-known in China upon request, supporting overseas registration and enforcement efforts.
- Infringement Lookback Recalibration (Art. 78): The three-year evidence period for proving trademark use is now measured from the date of alleged infringement rather than the date litigation begins.
Brand owners should review trademark portfolios, strengthen compliance and monitoring systems, and ensure filings align with genuine business activities.
Thank you to International Trademark Law & Litigation Committee member JIMMY HUANG (East IP) and JAMES LAU (East IP) for submitting this news item on the committee’s behalf.
IP IN THE NEWS – Apple Sues OpenAI for Trade Secret Misappropriation Under the DTSA
On Friday, Apple filed a complaint in the Northern District of California alleging OpenAI misappropriated trade secrets pertaining to current and unreleased Apple hardware products, as OpenAI prepared to launch its own hardware product line. The complaint alleges OpenAI recruited Apple employees to extract and exploit confidential and sensitive information through interviews and work-issued laptops, including proprietary data related to Apple’s product engineering, manufacturing design, and AI. Apple asserts OpenAI then used the information to engage Apple’s manufacturing and design partners in performing protected industrial design processes and techniques for OpenAI’s benefit.
Apple is seeking compensatory damages, exemplary damages, and unjust enrichment, or, alternatively, a reasonable royalty sum.
ATTEND SESSIONS ON PATENTS AND TRADE SECRETS DURING IPO’S 2026 ANNUAL MEETING
Attend the patent and trade secret sessions during IPO’s Annual Meeting addressing a mix of U.S. and international issues. In addition to these sessions, there are several workshops offering tips and best practices for improving in-house operations. Below is the list of patent and trade secret sessions. Visit the website to view the full program and to register.
- Agentic AI for Patent Prosecution: From Coding Agents to Portfolio-Scale Patent Workflows
- Global Enablement and Disclosure Strategies for AI-Related Patent Applications
- Training Data, Trade Secrets, and Transparency: Protecting Competitive Advantage in the AI Era
- Protecting Software IP in the AI Era
- Life in the Fast Lane: Options for Fast-Track Litigation Around the World
- A Global Injunction Playbook: Preliminary Relief, Discovery, and Forum Choice in Patent Litigation
- Reexamination Resurgence: What Every Patent Practitioner Needs to Know
- Inducement & Indirect Infringement: Navigating Launch Risk Across Industries
- Reducing Patent Friction: Joint Licensing from the 1800s to AI Models Today
- AI, Trade Policy, and IP: Navigating the U.S.-China Landscape
- There’s More to Patent Searching Than Finding: AI-Assisted Analysis in Practice
- Ethics in the Age of AI
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TODAY ON THE IP CHAT CHANNEL™: ANTI-SUIT INJUNCTIONS IN INTELLECTUAL PROPERTY LITIGATION
Tune into the IP Chat Channel™ today for a webinar on anti-suit injunctions in intellectual property litigation. The panel will discuss anti-suit injunctions in intellectual property litigation including how they relate to Standard Essential Patents and FRAND licensing negotiations. Anti-suit injunctions are becoming increasingly relevant in disputes having international contexts. Several recent cases have addressed use of anti-suit injunctions to enjoin parties from proceeding with parallel litigation in different forums. The panel will review the historical foundation and development of anti-suit injunctions, analyze the recent cases, and discuss elements counsel should consider in matters that could or do involve anti-suit injunctions.
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IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.