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IP Alert | First Decisions Released Under New Director Institution Process

NEWS -
By Azuka C. Dike and Craig Kronenthal Last Friday—October 31, 2025—USPTO Director John Squires issued his first summary notice of decisions on institution, a one-page document that used roughly two dozen words and a listing of docket numbers to deny institution on thirteen pending inter partes review (IPR) proceedings. This represents a dramatic departure from…

AI-Specific Patent Memorandum Triggers Uptick in AI Patent Application Filings

NEWS, PRESS -
In an article published in The AI Journal, Kirk Sigmon explores an important shift in how the United States Patent and Trademark Office (USPTO) examines AI patents. The USPTO’s clarified approach to examining these patents has unleashed a surge in filings, and he urges innovators to take note, stating, “Organizations that keep an eye on…

Heather Smith-Carra Presents on New Trademark Rules at AIPLA Annual Meeting

EVENT, NEWS -
On October 31, Banner Witcoff’s Heather Smith-Carra will present on new trademark rules at the AIPLA annual meeting. Heather will cover recent changes such as new fees and the updated filing platform and will share insight on other developments in U.S. trademark prosecution. We’re also proud to share Heather was elected vice chair of the…

IP Alert | Authors’ Copyright Battle Against OpenAI Survives Motion to Dismiss

NEWS -
By Azuka C. Dike, Rebecca Ding, and Victoria Webb This week, Judge Sidney Stein in the Southern District of New York issued two Orders rejecting attempts to dismiss or strike claims in the consolidated multi-district class action that numerous plaintiff authors brought against OpenAI and Microsoft. The action, brought by some of the most prominent…

Banner Witcoff Wins Early Victory for Commerce Bank as Court Denies Plaintiff’s Bid for Preliminary Injunction 

CASES, NEWS -
Banner Witcoff secured a significant early win for its client Commerce Bank after the U.S. District Court for the Western District of Missouri denied a motion for preliminary injunction filed by Revenue Management Solutions, LLC (RMS). RMS sought to bar Commerce Bank from continuing to use its healthcare payment-processing platform and from allegedly disclosing confidential…

IP Alert | Reddit Sues Perplexity Alleging Illegal Scraping of Google Excerpts of Copyrighted Reddit Posts, Setting Up Yet Another AI Copyright Battle

NEWS -
By Sydney Huppert, Kirk Sigmon, and Victoria Webb Last week, Reddit, Inc. (“Reddit”) sued Perplexity AI, Inc. (“Perplexity”) and other co-defendants in the Southern District of New York in Reddit, Inc. v. SerpApi LLC et al., No. 1:25-cv-08736 (S.D.N.Y., Oct. 22, 2025).Among other allegations, Reddit claims that Perplexity violated the Digital Millennium Copyright Act (“DMCA”)…

Sonia Okolie Presents at the Design Rights Summit

EVENT, NEWS -
On October 29, Banner Witcoff’s Sonia Okolie will present at the Design Rights Summit in Washington, DC on the topic “Updates on Written Description and Enablement 7 years after Maatita.” AIPLA’s first Design Rights Summit will feature insights from leading practitioners from around the world on the latest developments in copyright, trade dress and design…

Anna King Represents US Users on Behalf of AIPLA at the 2025 TM5 Annual Meeting

EVENT, NEWS -
Banner Witcoff’s Anna King, Chair of AIPLA’s Trademark Treaties and International Law Committee, is representing US users on behalf of AIPLA at the 2025 TM5 Annual Meeting at the USPTO headquarters. The TM5—bringing together the world’s top five trademark offices (CNIPA, EUIPO, JPO, KIPO, and USPTO)—is a cornerstone for global IP harmonization. From advancing unified…
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