Other Barks and Bites for Friday, May 17: Senate AI Working Group Releases AI Policy Roadmap; Voice Actors Accuse AI Company of Stealing Their Voices; USPTO Accidentally Publishes Patent Application Titles

This Week in Other Barks and Bites: two voice actors file a class action lawsuit against an AI company accusing the firm of stealing their voice; the NMPA sends a cease-and-desist letter to Spotify asking the streaming company to pull unlicensed content from their platform; and the Senate AI Working Group releases a roadmap for Senate AI policy with scant attention to intellectual property.

MLC Expands Blanket License Enforcement Campaign With Lawsuit Against Spotify

On May 16, the Mechanical Licensing Collective (MLC), a non-profit entity responsible for administering blanket licenses enacted by the Music Modernization Act (MMA), filed a lawsuit in the Southern District of New York alleging that Swedish streaming media company Spotify has failed to meet its royalty obligations for MMA blanket licenses. The MLC alleges that Spotify’s recent decision to reclassify its Premium subscription service as a bundled subscription offering, leading the streaming company to reduce service revenue reported to the MLC by nearly 50%, is based on a faulty rationale that violates Spotify’s revenue reporting responsibilities for the service.

Industry Tells USPTO Biden March-In Proposal Undermines Inquiry to Improve IP Commercialization

Two days after comments closed on the U.S. Patent and Trademark Office’s (USPTO’s) Request for Comments titled “Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace,” several groups have weighed in to urge the Office not to ignore the link between this topic and the Biden Administration’s recent proposal on march-in rights under the Bayh-Dole Act.

Vidal Addresses ‘Patent Examiner’ Reddit Issue with USPTO Personnel

As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically–specifically, a patent geared toward Israeli military technology. At the time the story broke, the U.S. Patent and Trademark Office (USPTO) indicated that it does not, as a general practice, comment on “unverified statements by anonymous commenters on Reddit or any other social media platform.”

CAFC Dismisses Bid for PREP Act Protection Due to Lack of Jurisdiction Under Collateral Order Doctrine

The U.S. Court of Appeals for the Federal Circuit on Tuesday, May 14, in a precedential opinion, dismissed an appeal by Puritan Medical Products of a district court denial of its partial motion to dismiss a patent infringement case brought by Copan Italia S.p.A and Copan Diagnostics Inc. The case involved “flocked” swabs “for collecting biological specimens.” The claims cover “a rod [with] a tip covered with fiber with hydrophilic properties” that can absorb biological specimens.  Copan holds several patents on flocked swabs and methods of using them.

Patent Filings Roundup: Samsung Challenges Key Patent Innovations Patent, Theseus LF Asset Holdings Entity Launches New Campaign

It was a slow week for new patent filings at the Patent Trial and Appeal Board (PTAB) and above average week for district courts. This week saw only 15 new filings at the PTAB (one PGR and 14 inter partes reviews (IPRs)). Abbott Diabetes Care, Inc. filed one third of the IPRs at the PTAB, challenging three Dexcom Inc. Patents in five IPRs. Amazon filed two IPRs against one Nokia Technologies OY [associated with Nokia Corporation] patent while Voltage LLC filed two IPRs challenging two Shoals Technologies Group, LLC patents. Pictiva Displays International Ltd. [associated with Key Patent Innovations Limited] had one patent challenged in an IPR by Samsung (discussed below).

Juristat is Seeking an IDS/Patent Specialist

Juristat is seeking a highly motivated and organized individual to join its data team as IDS Patent Specialist. This group provides a personalized human level of input to Juristat’s AI software and is a critical component of its team. This team member will work with proprietary automation software to prepare patent application disclosures, e-file Information Disclosure Statements (“IDSs”) with the USPTO, manage patent literature, upload information to databases, and confidentially maintain client information and files. This role is 100% remote with optional office space for in-person meetings/gatherings at the St. Louis, MO, headquarters and may be available in additional locations as Juristat grows.

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