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** DYFAN REQUIRES ADDITIONAL ANALYSIS UNDER SECTION 112(F)
TrackTime, LLC v. Amazon.com Servs. LLC, 24-1102 — On Thursday in an opinion by Judge TARANTO, the Federal Circuit vacated-in-part a district court judgment that TrackTime’s patented methods and systems for navigating within a multimedia file on a mobile device were invalid for indefiniteness under 35 U.S.C. § 112(f). TrackTime argued the patent’s “executable program code” limitations conveyed sufficient structure and should not have been treated as means-plus-function terms under § 112(f).
The Federal Circuit held its 2022 Dyfan v. Target decision required additional analysis under § 112(f) that went beyond the district court’s claim construction. The district court correctly identified that the term “executable program code” as a “program that is ready to run on a computer” did not indicate a specific code with definite structure, but failed to give further attention to “the character of the claimed functions” and “whether the claims’ recitation of annotation or synchronous-play functionality” provided adequate structure to relevant artisans. The district court had also relied heavily on intrinsic evidence in its analysis without inquiring into extra-patent usage that “can be essential” to a § 112(f) determination. The focus of the inquiry on remand would be “whether the disputed limitations, read in full and in context, recite enough structure to perform the claimed functions.
(1 to 4 stars rate impact of opinion on patent & trademark law)
WIPO COORDINATION COMMITTEE TO CONSIDER APPOINTMENTS OF NEW DEPUTY AND ASSISTANT DIRECTORS GENERAL
The WIPO Coordination Committee, meeting in Geneva July 7–15, will be asked to approve Director General DAREN TANG’s proposed Deputy Directors General (DDGs) and to advise on his proposed Assistant Directors General (ADGs), effective October 1, 2026 through September 30, 2032. LAURA PETER, former Deputy Under Secretary of Commerce for Intellectual Property and USPTO Deputy Director, is proposed as DDG for the Patents and Technology Sector, which oversees the PCT. The other proposed DDGs are SHEN CHANGYU (China, CNIPA Commissioner) for Brands and Designs; PASCAL FAURE (France, INPI) for the Copyright, Creative Economy and IP Governance Sector; and MZUKISI QOBO (South Africa) for Regional and National Development.
The proposed ADGs are CHITRA NARAYANASWAMY (Switzerland) for the Corporate Management and Transformation Sector; ANDREW STAINES (UK) for Global Challenges, Opportunities and Partnerships; KENICHIRO NATSUME (Japan) continuing over the Infrastructure and Platforms Sector, which will lead WIPO’s IP-and-AI work; and MARCO ALEMAN (Colombia) continuing as ADG of the IP and Innovation Ecosystems Sector.
BRAZIL’S PATENT OFFICE ISSUES NEW GUIDELINES FOR EXAMINATION OF SECOND MEDICAL USE CLAIMS
Brazil’s National Institute of Industrial Property (INPI) has published its revised patent examination guidelines for second medical use claims in the chemical and pharmaceutical field, through Normative Ordinance No. 80, dated June 29, 2026, which entered into force the following day. The guidelines remain largely aligned with the draft issued for public consultation in 2025, upholding existing limitations under which therapeutic regimens, dosage amounts, routes of administration, dosing schedules, timing of administration, and patient groups are not considered sufficient to establish novelty for a second medical use claim.
The most notable change from the proposed draft concerns supplementary data. While the original proposal would have prohibited reliance on in vitro-only data at filing and barred the submission of any supplementary data after filing to remedy sufficiency of disclosure deficiencies, the final version softens this position, establishing that in vivo data is “preferably” required but that, in its absence, post-filing supplementary data may still be accepted to corroborate activity “already described in the specification as originally filed,” provided that the specification contains “sufficient elements to conclude that the therapeutic activity is real and not speculative.” Thank you to Latin American Practice Committee Co-Vice Chair RICARDO NUNES (Lefosse) and Secretary RAFAEL SALOMÃO (Lefosse) for submitting this news item on behalf of the Committee.
JOIN THE INTERNATIONAL TRADEMARK LAW & PRACTICE COMMITTEE
International trademark practice is evolving rapidly, with new legislation emerging across jurisdictions and global collaboration becoming increasingly essential. This year, IPO’s International Trademark Law & Practice Committee is finalizing a white paper on the protection of color trademarks across 19 countries, monitoring global legislative developments, commenting on key matters like China’s 2025 Draft Trademark Law Amendment, and deepening collaboration with USPTO, WIPO, and TM5. If you advise clients with global trademark portfolios, this is a great committee to join. Apply to the International Trademark Law & Practice Committee today at www.ipo.org/joinacommittee.