NAPP Urges PERA Revision; Micron Licenses Netlist Memory Portfolio
The National Association of Patent Practitioners seeks to refine patent eligibility criteria, while Micron Technology settles litigation with Netlist through a significant licensing agreement.
By Giovanni Sapere
2 min readHuman-Edited, AI-Assisted
The National Association of Patent Practitioners (NAPP) has called for revisions to the Patent Eligibility Restoration Act (PERA) to refine its language regarding machine-use requirements [IPWatchdog]. This development coincides with Micron Technology's agreement to license Netlist's memory portfolio for $600 million, resolving ongoing litigation between the two companies [IPWatchdog].
Patent Eligibility Debate Intensifies
The National Association of Patent Practitioners (NAPP) has communicated with members of Congress, urging them to revise the current language of the Patent Eligibility Restoration Act (PERA). NAPP argues that the proposed legislation introduces a novel legal test that is not paralleled in the patent law of other countries and is unanticipated by the patent bar [IPWatchdog].
The association's letter suggests an amendment to the existing language of proposed § 101(b)(2)(A). Instead of stating that an invention "cannot practically be performed without the use of a machine," NAPP proposes clarifying that claims should be eligible if the specification teaches techniques enabling operation at scale that would be impractical without a machine. This revision aims to align the statute with existing U.S. Patent and Trademark Office (USPTO) guidance, distinguishing between excluding all possibility of human performance and reflecting an improvement that necessitates machine use [IPWatchdog].
Micron and Netlist Settle Litigation
In a significant development, Micron Technology has agreed to make payments totaling $600 million to Netlist through 2031. This agreement is structured to license Netlist's memory portfolio, effectively bringing an end to outstanding litigation between the two companies [IPWatchdog]. The resolution provides a framework for Micron to utilize Netlist's patented memory technologies, ensuring legal clarity and continued innovation in the sector.
Broader Intellectual Property Landscape Updates
Beyond patent eligibility and licensing, other intellectual property news includes the Korean Fair Trade Commission (FTC) reporting a 69% increase in trademark royalties from 2018 to 2025, reaching 2.2291 trillion won (approximately $1.66 billion USD) in 2025. This increase was identified during the FTC's probe into large business groups' trademark royalty collections, with concerns that improperly inflated royalties could be used to siphon revenues to specific affiliates, leading to illicit private benefit-taking [IPWatchdog].
Meanwhile, the American Apparel & Footwear Association (AAFA) has urged the Office of the U.S. Trade Representative (USTR) to include Meta's Facebook and Instagram, along with Alibaba's Alibaba.com and Ali Express, and DHgate, in the 2026 Review of Notorious Markets for Counterfeiting and Piracy. The AAFA cited the overwhelming scale of fraudulent advertising impersonating its members on Meta platforms as a primary concern, noting Meta's policy to ban advertisers only if there is a 95% certainty of fraud [IPWatchdog]. Additionally, John Duffy officially commenced his duties as the USPTO’s General Counsel and Acting Solicitor, and the EUIPO’s CIGI Advisory Board announced nearly 100 craft and industrial registrations since its system launched late last year [IPWatchdog].
Read also on The Patent: PERU: THE BORDER MEASURES IN SAFEGUARD OF THE INTELLECTUAL RIGHTS
