EUIPO Reports Record Counterfeit Seizures in 2025; EPO Highlights Vital Role of Tech Transfer Offices; Taction Seeks Additional Damages in $5.7B Apple Patent Case

On October 22, the European Union Intellectual Property Office (EUIPO) released a report, jointly prepared with the European Commission’s Directorate-General for Taxation and Customs Union, revealing that EU customs officials seized over 196 million counterfeit items in 2025. This figure marks a 29% increase over the previous record set in 2023. The most commonly seized counterfeit goods were recorded CDs and DVDs, which accounted for 30% of all seizures. Counterfeit toys followed, representing approximately 20% of the total seizures.

In a related development on the same day, the European Patent Office (EPO) Observatory published a joint study with the knowledge transfer association ASTP and Fraunhofer ISI. The study assessed the impact of technology transfer offices (TTOs) at European universities and research institutions. Despite 90% of surveyed TTOs being small or mid-sized, the research found that these offices are equally effective in advancing inventions toward patenting compared to larger TTOs, which typically have six times more staff and significantly greater research resources. The study concluded that enhancing TTO capacity through improved local research networks and funding is crucial for maintaining European competitiveness. Notably, EU research institutions accounted for substantial shares of patent applications in 2025 in biotechnology (34%), quantum technology (29%), and pharmaceuticals (26%).

On October 21, the Unified Patent Court’s Court of Appeal issued a ruling in a dispute involving German industrial inkjet company Agfa and Italian luxury brand Gucci. The court revoked a series of patent claims related to methods of decorating natural leather owned by Agfa. It further held that Gucci’s leather products featuring printed designs did not infringe the remaining asserted claims. The court found that Agfa failed to provide conclusive evidence that the inks used in Gucci’s products contained the claimed polyfunctional monomers or oligomers or that the products exhibited the patented level of flexibility, as no microscopic cracks were demonstrated.

In the United States, the Supreme Court on October 19 denied petitions for writs of certiorari in several intellectual property cases. Among these was Google v. VirtaMove, where the Court declined to review Google’s challenge to the Patent Trial and Appeal Board’s discretionary denials based on settled expectations, following recommendations from the U.S. Solicitor General. The Court also denied Allen v. Stein, involving copyright claims over documentary footage of the Blackbeard ship salvage, while summarily affirming a ruling in BMG Rights Management v. Vetter, which upheld worldwide copyright protection for the 1966 single “Double Shot (Of My Baby’s Love).”

On October 16, Taction Technology filed a motion in the Southern District of California seeking supplemental damages, ongoing royalties, and prejudgment and postjudgment interest following a jury verdict awarding the company over $5.7 billion. The verdict found that Apple infringed Taction’s patents related to haptic feedback technologies in consumer devices. Taction’s motion requests damages for infringing sales between March and September 2026, royalties on new products launched in September 2026 including the iPhone 18 Pro, and prejudgment interest at California’s statutory rate of 7%, which could add hundreds of millions of dollars to the total award.

On October 14, the Massachusetts Supreme Judicial Court affirmed the denial of injunctive relief in a trade secret case involving HVAC provider Daikin Applied Americas. The case concerned former employees who formed a competing company using customer and pricing data alleged as trade secrets. The court referenced the U.S. Supreme Court’s 2004 eBay v. MercExchange decision, which rejected presumptions of irreparable harm in patent injunctions, noting its application by other circuits to trade secret contexts.

The U.S. Court of Appeals for the Ninth Circuit on October 22 upheld a jury verdict in Gregorini v. Apple Inc., finding no copyright infringement by Apple’s television show The Servant against claims by director Francesca Gregorini that it was substantially similar to her film The Truth About Emanuel.

The EUIPO also announced on October 21 the conclusion of the first Cooperation Board Working Sessions under its Strategic Plan 2030. These sessions focused on ongoing IP cooperation efforts, including collaboration on public resources for monitoring trademark and design registrations and discussions on the potential of craft and industrial geographical indications (CIGIs).

On October 20, Barry Schindler, Acting Commissioner for Patents at the U.S. Patent and Trademark Office (USPTO), confirmed at the Google Public Sector Summit that patent examiners, particularly in pharmaceuticals and complex technology centers, have been utilizing agentic artificial intelligence tools such as Compass. Compass assists with formality checks on patent application submissions.

Additional notable updates include Deutsche Bank’s voluntary dismissal of a declaratory judgment action against Intellectual Ventures in the District of Delaware, signaling progress toward settlement; 7-Eleven’s dismissal with prejudice of its trademark lawsuit against Nike over Air Max 95 sneaker color schemes; and the EPO’s announcement of a record 76 candidates participating in its European Qualifying Examination Candidate Support Programme for 2025.

Finally, reports on October 23 indicate that SpaceX is negotiating to acquire approximately 80,000 cellular sites across the United States with the aim of establishing a fourth nationwide wireless carrier to compete with Verizon, AT&T, and T-Mobile.

These developments collectively underscore significant enforcement milestones, evolving patent and trademark jurisprudence, and strategic shifts in IP management and technology commercialization across Europe and the United States.