Other Barks & Bites for Friday, August 25: USPTO Extends Deadline for Comments on Anticounterfeiting Strategies; Marlboro Maker Alleges Patent Infringement of E-Cigarette Technology; Ericsson and Huawei Renew Big Money Patent Licensing Agreement

This week in Other Barks & Bites: The U.S. Patent and Trademark Office (USPTO) announces it is extending the deadline on its Request for Comments on anticounterfeiting and antipiracy strategies by one month, to September 25, 2023; tobacco company Altria files a complaint against e-cigarette maker Juul alleging patent infringement of e-cigarette technology; a Trader Joe’s workers’ union files a motion to dismiss a trademark infringement lawsuit filed by the supermarket chain; and the New York Knicks accuse the Toronto Raptors of an NBA trade secrets heist.

Bites

USPTO Extends Deadline for Comments on Anticounterfeiting/ Antipiracy Strategies

On Friday, August 25, the USPTO announced it will extend the deadline on its request for comments issued in May, titled “Future Strategies in Anticounterfeiting and Antipiracy.” Earlier this month, the Office issued a reminder to stakeholders about the August 23 deadline, but today’s announcement said that deadline has been extended to September 23 and that more information would be provided in a Federal Register Notice next week. The RFC included an announcement about a roundtable on the topic that will still take place on October 3. The USPTO is particularly interested in what consumers, intellectual property rights holders, and online and physical marketplaces have to say about the recent evolution of counterfeiting and piracy.

Ericsson Renews Patent License Agreement with Huawei

On Friday, August 25, Swedish telecom company Ericsson announced a renewal of its global patent license agreement with Chinese firm Huawei. The agreement covers patents related to 3G, 4G, and 5G technology including network infrastructure and consumer devices. “This agreement demonstrates the commitment of both parties that intellectual property should be respected and rewarded, and that leading technological innovations should be shared across the industry,” said Christina Petersson, Chief Intellectual Property Officer at Ericsson. The agreement will continue despite increasing economic tensions between Western governments and China. 

Tobacco Company Altria Files ITC Complaint Alleging Patent Infringement in E-Cigarette Spat

On Tuesday, August 22, tobacco company Altria Group announced it has filed a complaint against Juul Labs with the U.S. International Trade Commission (ITC) alleging patent infringement on e-cigarette products. The company behind Marlboro complained that Juul infringes on patents owned by its subsidiary Njoy. “Protecting our intellectual property is critical to achieving our Vision,” said Murray Garnick, Executive Vice President and General Counsel. “JUUL has infringed upon our patents through the sale of its imported products, and we ask the ITC to impose appropriate remedies in response to these trade violations.”

CAFC Upholds Invalidation of Hair Loss Treatment Patent

On Tuesday, August 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a Patent Trial and Appeal Board’s decision to invalidate a Sun Pharmaceutical hair-loss treatment patent. Incyte Corporation first challenged U.S. Patent No. 9,249,149 which covers treatment for alopecia areata in 2017. The CAFC agreed with the PTAB’s determination that a skilled artisan would have the motivation to deuterate ruxolitinib to modify its pharmacokinetic properties thanks to the testimony of Incyte’s expert.

Trader Joe’s Union File Motion to Dismiss Trader Joe’s Trademark Infringement Lawsuit

On Monday, August 21, a Trader Joe’s employee union filed a motion to dismiss a lawsuit brought forward by Trader Joe’s accusing the union of trademark infringement. The supermarket chain filed the lawsuit against Trader Joe’s United claiming that merchandise with the store’s logo sold by the union was likely to cause confusion. “By filing this trademark lawsuit, Plaintiff Trader Joe’s seeks to weaponize the federal courts in retaliation against workers who have unionized and against the labor union that assisted those workers’ efforts,” wrote the union. The union has been locked in a battle with the supermarket chain for higher wages and better working conditions.

Barks

CAFC Affirms PTAB Denial of Universal Remote Patent

On Thursday, August 24, the CAFC agreed with a PTAB decision to reject Universal Electronics’ patent application for a universal remote. The CAFC backed up the PTAB’s determination that previous patent applications already teach the technology in question and could be combined with other patents to achieve Universal Electronics’ patent. The CAFC was unmoved by the tech company’s arguments and upheld the denial.

USPTO Denies Trademark Application for Cryptocurrency Dogecoin

On Wednesday, August 23, the USPTO denied Dogecoin Foundation’s trademark application for a Dogecoin mark. The applicant was seeking the trademark for conferences and blockchain technology. However, the USPTO found that the application was too generic and failed to distinguish the brand. The trademark applicants were also hampered by the fact that there is no central ownership over the so-called “meme coin.”

USPTO Announces Public Listening Session on Standard-Setting and IP

On Tuesday, August 22, the United States Patent and Trademark Office (USPTO) announced a public listening session on September 20 to listen to feedback from interested stakeholders on issues at the intersection of standard-setting and intellectual property. The session will be held in collaboration with the International Trade Administration (ITA) and the National Institute of Standards and Technology (NIST). The feedback will be used to implement the National Standards Strategy for Critical and Emerging Technology, released by the White House in May 2023. Interested speakers must register by September 13.

New York Knicks Accuse Toronto Raptors of Trade Secrets Theft

On Monday, August 21, the New York Knicks filed a lawsuit against a fellow NBA team the Toronto Raptors alleging trade secrets theft. The Knicks claimed that a former staffer illegally stole thousands of documents that included proprietary information and sent them to his new employer. The documents included scouting reports, playbooks, and other game information. The Knicks went as far as to accuse the Raptors of collaborating with the former staffer to collect the trade secrets.

This Week on Wall Street

Private Equity Firm Buys Subway

On Thursday, August 24, the sandwich chain Subway announced the sale of the company to private equity firm Roark Capital. The reported sale price is rumored to be $9.6 billion, close to the long-time owners’ $10 billion asking price. Subway CEO John Chidsey said, “this transaction reflects Subway’s long-term growth potential, and the substantial value of our brand and our franchisees around the world.”

UPS Workers Win Raises in New Labor Deal

On Tuesday, August 22, the Teamsters Union announced that members voted by an 86.3% majority to ratify a new collective bargaining agreement. The five-year contract will apply to 340,000 UPS Teamsters across the United States and includes a $2.75 an hour wage increase in 2023. The agreement also includes other wage increases and benefits including safety and health protections and an end to forced overtime. “Our members just ratified the most lucrative agreement the Teamsters have ever negotiated at UPS. This contract will improve the lives of hundreds of thousands of workers,” said Teamsters General President Sean M. O’Brien. 

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: None
• Tuesday: Hewlett Packard (84)
• Wednesday: Salesforce (68)
• Thursday: Dell (13), Vmware (54)
• Friday: None