Updates on IP news from our global team!

Copyrightability of Outputs Generated by

AI Systems

The first federal copyright law was written to protect books, charts, and maps. Over time, the scope of protection provided by copyright law has expanded to protect musical compositions, graphic works, sculpture and architecture, and digital creations. This expansion has been necessitated, in part, by the development of new and widely available technologies that aid the creative process. Now, the rapid progress of Artificial Intelligence (“AI”) technologies and the proliferation of AI-generated media has motivated new inquiries into the types of content that may be protected by copyright law.

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Limiting Head Starts, Broadening Disgorgement:

Key Takeaways from AMS-OSRAM v. Renesas

The U.S. Court of Appeals for the Federal Circuit recently issued a significant opinion in AMS-OSRAM USA Inc. v. Renesas Electronics America, Inc., clarifying important aspects of trade secret remedies applying Texas trade secrets law. While grounded in a long-running dispute over ambient light sensor technology to adjust screen brightness, the court’s opinion provides broadly applicable guidance on reverse engineering, head-start damages, and dual-track recovery under misappropriation and breach of contract theories.

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The Geographic Coverage of European Patents Keeps Growing

Through a single European patent application filed with the European Patent Office (EPO) and undergoing a single examination process, inventors and businesses now can obtain patent protection in no less than 46 countries. This is the result of a recent agreement between the European Patent Organization and a Southeast Asian country located a long way from Europe: Laos. The geographic coverage of European patents continues to grow on a global scale and this growth shows no signs of stopping since another agreement was recently signed with Costa Rica.

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Prosecution Disclaimer in Patent Families

The recent case of Maquet Cardiovascular LLC v. Abiomed Inc. examined the application of prosecution disclaimer and its effect on the interpretation of claims in descendant patents.  In patent law, the doctrine of prosecution disclaimer plays a critical role in claim interpretation by limiting the scope of a patent based on statements made by the applicant during prosecution. When a patent applicant clearly and unmistakably disavows certain claim scope to overcome prior art or to distinguish their invention, courts may construe the claims narrowly in accordance with those statements. This legal principle ensures consistency and fairness by preventing patent owners from asserting broader rights in litigation than what was represented to the U.S. Patent and Trademark Office (USPTO) during examination. Understanding prosecution disclaimer is essential for navigating patent infringement disputes, as it directly impacts how patent claims are interpreted and enforced.

Suspension of Expedited Examination of US Design Patent Applications

On April 14, 2025, the United States Patent and Trademark Office (USPTO) announced the suspension of Expedited Examination for Design Patent Applications (“Rocket Docket”), effective April 17, 2025. The stated purpose of the decision is to address growing backlogs and challenges associated with the Rocket Docket system.

The Rocket Docket system provided for expedited examination of design patent applications. Average wait time for regular, non-expedited applications is 15 months, or more. The Rocket Docket system reduced this examination pendency to less than 6 months in most instances, upon payment of the requisite fees and submission of detailed —and often quite laborious—prior art search results.

We are pleased to announce that Califf Cooper has been promoted to partner at OBWB, effective April 11, 2025.

A savvy litigator in and out of the courtroom, Califf has exceptional legal expertise and a deep understanding across a broad range of intellectual property disputes. Since joining the firm in 2016, he has played a key role in advising clients on complex patent litigation, copyright enforcement, and portfolio management matters across a wide range of industries.

Califf earned his J.D. cum laude from South Texas College of Law, he also holds a degree in Biomedical Engineering from Texas A&M University. Califf’s technical background, legal acumen and trial experience, have made him an indispensable member of the firm’s litigation team.

In addition to his legal practice, Califf is known for his collaborative approach and unwavering dedication to excellence. His promotion to partner is a testament not only to his talent, but to the trust and respect he has earned from colleagues and clients alike.

Please join us in congratulating Partner Califf Cooper on this well-deserved achievement.

We look forward to connecting with fellow attendees at INTA's 2025 Annual Meeting in San Diego. Request a meeting with our team here.

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