Other Barks & Bites for Friday, February 3: Trump Sues for Copyright Infringement, Google Wins Transfer from TX to CA, and Nike Takes Lululemon to Court for Patent Infringement

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bitesThis week in Other Barks & Bites: President Trump sues Bob Woodward for $49 million and alleges copyright infringement; Federal Circuit Judge Schall splits from majority finding that PTAB obvious analysis was correct; a new EUIPO report finds IP infringement is threatening many small businesses; and Nike files another patent infringement lawsuit against a burgeoning competitor.


Federal Circuit Splits on PTAB’s Obviousness Analysis

On Friday, February 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeal Board’s (PTAB’s) finding that a patent for an “aerodynamic trailer skirt” for trucks was unpatentable as obvious, but Judge Schall dissented, arguing that the Board failed to explain how the combined prior art would have “reasonably been expected to achieve [the] claimed feature.

District Court Orders GE to Double Patent Royalty Payments to Siemens in Wind-Turbine Case

On Thursday, February 2, a district court judge ordered General Electric to double its royalty payments to Siemens Gamesa for the use of wind turbines in a New Jersey project. GE must now pay $60,000 for every megawatt of energy produced because the turbines infringe on Siemens’s patent. U.S. District Judge William Young issued the order despite the fact that “this struggle does nothing to advance the public interest of the people of the United States or any other nation.” The judge continued by saying that this case impedes the fight against climate change, but ultimately in this case “corporate self-interest appears to hold full sway, and this Court must do its duty.”

CAFC Grants Transfer in Google Patent Infringement Case

On Wednesday, February 1, the United States Court of Appeals for the Federal Circuit (CAFC) granted a petition for writ of mandamus in favor of Google in its patent infringement case with Jawbone Innovations. The CAFC vacated a Texas district court’s previous ruling and ordered the case to be transferred to the Northern District of California. Jawbone filed the lawsuit in September 2021 in the Western District of Texas. The CAFC ruled in favor of the transfer because the technology in question was developed by Apple in California.

USTR Releases 2022 Notorious Markets List Detailing Counterfeiting and Piracy

On Tuesday, January 31, the United States Trade Representative (USTR) released its 2022 Review of Notorious Markets for Counterfeiting and Piracy (or the Notorious Markets List). The list offers an overview of the online and physical markets where copyright and trademarks are infringed in the biggest numbers. The USTR listed several high-profile Chinese websites like AliExpress and Baidu Wangpan as notorious piracy websites. According to the report, while China remains the number one source of counterfeit products in the world, there was a downturn in stores with counterfeit goods in some large Chinese shopping centers.

Report Finds IP Infringement is a Major Threat to European Businesses

On Tuesday, January 31, the European Union Intellectual Property Office (EUIPO) released a report detailing the threats European small and medium enterprises (SMEs) face from IP infringement. Researchers found that SMEs that have their IP rights infringed are 34% less likely to survive after five years. According to the report, the most common counterfeit goods are Chinese, accounting for 85 % of seizures related to online sales and 51 % of global seizures of offline sales.

Trump Sues Journalist Over Interview Recordings

On Monday, January 30, former President Donald Trump filed a lawsuit against journalist Bob Woodward for $49 million alleging that the journalist used interview recordings in his audiobook without Trump’s permission. In the lawsuit, Trump’s lawyers argue that the recordings are “protected material” and fall under Trump’s copyright. Woodward’s publisher said the claims related to the journalist’s book “Rage” were “without merit.”


GLS Capital and Nanoco Settle Nanoco v. Samsung Patent Litigation

On Friday, February 3, GLS Capital and Nanoco Group announced a $150 million settlement involving in the patent infringement dispute, Nanoco v. Samsung. The case was being tried in the U.S. District Court Eastern District of Texas, with related proceedings in the U.S. Patent and Trademark Office, Germany, and China, and “concerned Nanoco’s allegation that Samsung’s QLED televisions infringe several fundamental Nanoco patents related to the synthesis and use of quantum dots,” according to a GLS Capital press release.

U.S. Copyright Office Extends Interim Rule for Music Licensing

On Wednesday, February 1, the U.S. Copyright Office announced a supplemental interim rule related to notices of license, data collection efforts, reports of usage and payment by digital music provider blanket licensees. This rule extends a previous transition period and will be potentially adjusted in the future.

Nike Files Patent Lawsuit Against Lululemon

On Tuesday, January 31, Nike filed a lawsuit against Lululemon in the Southern District Court of New York alleging the Canadian apparel company infringed on three of its patents, according to Insider. In the lawsuit, Nike accused four Lululemon shoes of violating its patents related to textiles and design elements. Nike has been increasingly active in patent litigation and sued Lululemon last year as well. 

District Judge Dismisses Recommends Most Claims in Trade Secret Case Be Dismissed

On Tuesday, January 31, a Delaware district judge recommended that most charges in a trade secret case between two medical companies be dismissed. Illumina has alleged that two former employees started a competing company Guardant using confidential information to develop its patent portfolio. However, Judge Christopher J. Burke recommended that a motion to dismiss be granted to the inventorship, breach of contract, and trade secrets claims. The judge also denied dismissal “with respect to the assertion that there is no personal jurisdiction over the Individual Defendants.”

House Science, Space, and Technology Committee Announces Senior Staff for 118th Congress

On Tuesday, January 31, the House Committee on Science, Space, and Technology Chairman Frank Lucas (R-OK) announced the Committee’s senior staff for the 118th Congress. “Their expertise will allow us to tackle the complex policy issues ahead of us, and we’re all eager to get to work on advancing America’s scientific, technological, and economic competitiveness,” said Lucas.

NFT Copyright Trial Begins

On Monday, January 30, a landmark copyright trial over nonfungible tokens (NFT) began in the Southern District of New York, according to reporting from Bloomberg Law. The French luxury brand Hermès first filed the lawsuit on January 14, 2022, alleging that the NFT collection “MetaBirkin” infringed on its copyright. On the first day of the trial, the judge ruled against the NFT creator Mason Rothschild and said that an art expert would not be allowed to provide testimony at the trial. 

This Week on Wall Street

Gautam Adani Addresses Investors after Fraud Accusations

On Thursday, February 2, Gautam Adani, chairman of the Adani Group, released a video address to his investors after short seller group Hindenburg Group accused his firm of stock manipulation and fraud. After the accusations surfaced, Adani withdrew the company’s $2.5 billion public offering. The Indian billionaire did not address the allegations directly in the video address in an attempt to calm investors. However, the company’s stock continued to fall on Thursday.

Federal Reserve Raises Interest Rates to Highest Since 2007

On Wednesday, February 1, the Federal Reserve announced an interest rate hike from 4.5% to 4.75%, the highest rate since October 2007.  In its press statement, the Federal Reserve said that inflation rates have eased but remain elevated. Its goal is to     “achieve maximum employment and inflation at the rate of 2 percent over the longer run.”

Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2022 are announcing quarterly earnings next week (2022 rank in parentheses):

  • Monday: Cummins (170th), ON Semiconductor Corporation (196th)
  • Tuesday: None
  • Wednesday: Toyota (4th), Honda (25th),  Emerson Electric (131st), Eaton (165th), Uber (214th), Walt Disney Company (244th)
  • Thursday: PayPal (137th),
  • Friday: None

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Author: lifeonwhite


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