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UPC Unfiltered, by Willem Hoyng – UPC Decisions Week 34, 2026
In 'UPC Unfiltered' for week 34 of 2026, published August 24, Willem Hoyng of Ho
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Commenters Split on USPTO Proposal to Require RPI Disclosure for Reexams
Following the USPTO's July 2026 notice of proposed rulemaking requiring third-party requesters for ex parte reexamination (EPR) to identify all real parties in interest (RPIs), 26 comments filed before the August 21 deadline reveal a sharp divide. Eight of 17 organizations outright oppose the proposal, arguing Congress deliberately made reexam available to "any person" with anonymity protections, while supporters say the Office cannot police statutory estoppel without knowing RPI identities.
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Shenzhen Intermediate Court Recognizes Unregistered Well-Known Trademark in Memory Chip Sector and Applies Punitive Damages in Typical Case
The Shenzhen Intermediate People's Court recognized an unregistered trademark used on memory chips by a leading Chinese storage semiconductor company as a well-known mark. Wang and 21 related parties had acquired shell companies, registered the mark as their trade names, and sold infringing SSDs and memory cards through 29 e-commerce stores with sales exceeding RMB 22.5 million. Finding organized, family-run, professional-scale counterfeiting, the court applied punitive damages to RMB 3 million
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MPA and ByteDance Reach Cooperation on Intellectual Property Protection for AI Video and Image Generation Models
On August 17, 2026, ByteDance and the Motion Picture Association (MPA) announced a memorandum of understanding on IP protection for ByteDance's generative AI models Seedance and Seedream, offered through TikTok, CapCut and Dreamina — described as Hollywood's first IP agreement with an AI company. The MOU follows the MPA's February 2026 cease-and-desist letter over AI-generated content reproducing protected film characters and actor likenesses. No financial terms or specific filtering mechanisms
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Pleading Licensee Marking After VDPP v. Volkswagen: Settlement Licensees Must Mark, and the Patentee Must Plead Its Efforts to Make Them
In a precedential August 19, 2026 decision authored by Chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit affirmed dismissal of non-practicing entity VDPP's patent infringement suit against Volkswagen. Because VDPP licensed the expired asserted patent to eleven settling defendants without marking obligations and failed to plead reasonable efforts to ensure licensee compliance with 35 U.S.C. § 287, it could not recover back damages. The court also affirmed a $207,543.60 attorney
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IPspeedy Intellectual Property
Action builds careers; sharing creates the future.
Copyright © 2026 Pengzhiyun Intellectual Property
IPspeedy is the international operating name of Pengzhiyun Intellectual Property.
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Copyright © 2026 Pengzhiyun Intellectual Property
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