Other Barks & Bites for Friday, December 8: X Calls Trademark Infringement Lawsuit a ‘Shakedown’; Biden Admin Proposes Framework to Allow Government Agencies to Seize Patents Based on Drug Pricing; House Subcommittee Discusses Biden’s AI Policy

This week in Other Barks & Bites: the House Subcommittee on Cybersecurity, Information Technology, and Government Innovation holds a hearing on President Biden’s AI policy; the White announces a proposed framework to allow government agencies to seize the patents of costly drugs that received government funding; and the social media company X characterizes a trademark infringement case against it as a “shakedown.”

Bites

White House Announces Framework to Seize Patents of Costly Drugs

On Thursday, December 7, the White House announced its plans to lower drug prices and promote competition through a series of actions, including a proposed framework for government agencies to exercise march-in rights on government-funded drugs and inventions. The proposed march-in rights would allow government agencies to seize the patents of certain high-cost drugs that have received government funding. Lowering drug prices has long been on the agenda of the Biden Administration, and in its press release the White House cited that the 25 largest pharmaceutical companies control 70% if industry revenues.

Netflix Hit with ‘Don’t Look Up’ Trademark Lawsuit

On Wednesday, December 6, an author filed a lawsuit in a California district court alleging Adam McKay, director of the 2021 film “Don’t Look Up”, infringed on the copyright of his novel. The author William Collier asked the court for $5 million in damages from Netflix, who first started streaming the Academy Award-nominated film. In the lawsuit, Collier claimed that Adam McKay had access to his novel when Collier’s daughter worked at McKay’s former manager’s office.

ITC Clears Keysight Technologies of Patent Infringement in Case with Centripetal Networks

On Tuesday, December 5, the U.S. International Trade Commission (ITC) issued a final determination that upheld an administrative law judge’s ruling that Keysight Technologies did not infringe on three patents from Centripetal Networks, ending the investigation into the matter. The three patents covered cybersecurity technology but we found to be invalid throughout the course of the investigation. Thus, the administrative law judge and the ITC determined that Keysight did not import products that infringed on a Centripetal patent. Jonah Mitchell, Reed Smith partner and lead outside counsel to Keysight, said, “As a technology company, Keysight understands the importance of intellectual property and respects the intellectual property rights of others.  Keysight was confident that Centripetal’s claims lacked merit and is pleased to have its rights vindicated with this result.” 

X Files Motion to Dismiss “Shakedown” Trademark Infringement Lawsuit

On Monday, December 4, the social media giant X filed a motion to dismiss a trademark infringement lawsuit that argues the rebranding of Twitter to X has caused confusion with the company X Social Media. X used strong language and claimed “this case is a shakedown masquerading as trademark infringement and unfair competition claims.” In the motion, X argued that the plaintiff has existed for years with numerous other companies with similar trademarks.

Barks

USPTO Names New Members of Public Advisory Committees

On Wednesday, December 6, the USPTO announced new members to the Parent and Trademark Public Advisory Committees, which consists of private-sector individuals who provide advice to the agency on patent and trademark operations. According to the USPTO, the two committees support the office’s core mission of fostering innovation in the United States. “I am honored to lead the PPAC, and I look forward to working to serve the interests of the country’s IP community in ways that enhance national and global competitiveness and accelerates growth in GDP,” said newly-appointed PPAC Chair Loletta Darden.

House Subcommittee Holds Hearing on Biden Administration’s AI Policy

On Wednesday, December 6, the House Subcommittee on Cybersecurity, Information Technology, and Government Innovation held a hearing titled “White House Policy on AI,” which discussed the Biden Administration’s recent executive order on artificial intelligence and subsequent OMB draft guidance. Subcommittee Chairwoman Nancy Mace (R-SC) expressed skepticism about government agencies holding to their promises, but she reiterated the importance of both AI technology and government regulations on the new technology. “The AI genie is out of the bottle. It can’t be put back inside. Suppressing core AI innovation here in the U.S. won’t stop China from advancing the technology on its own. And if we fall behind China in the AI race…all other risks will seem tame by comparison,” said Mace.

Electronics Employee Arrested for Stealing Trade Secrets in Japan

On Tuesday, December 5, Japanese police arrested a former employee of electronics company Alps Alpine on suspicion of stealing trade secrets, according to Japanese media. Reports stated that the suspect stole data from Alps Alpine and took the proprietary information to a new job at an automotive company.

WIPO and EUIPO Agree to Increase Cooperation

On Monday, December 4, the EU Intellectual Property Office (EUIPO) and the World Intellectual Property Office (WIPO) signed an agreement two increase cooperation between the two organizations. During a virtual meeting, EUIPO Executive Director João Negrão and WIPO Director General Daren Tang signed a Memorandum of Understanding that describes increased cooperation in IP valuation, IP financing, and other issues. Int total, the agreement outlines 18 areas of cooperation and these will be further detailed in a joint work program in 2024.

This Week on Wall Street

Washington Post Staffers Walk Off the Job for 24 Hours

On Thursday, December 7, over 750 Washington Post staffers walked off the job for 24 hours with plans to picket the Post’s downtown office and protest deadlocked contract negotiations. The newspaper described the event as the paper’s largest labor action in nearly 50 years. The stall in negotiations has left workers without a contract for 18 months with staffers also protesting against cost-saving buy-outs offered by management.

Big Bank CEOs Lobby Congress Against Proposed New Regulations

On Wednesday, December 6, eight bank CEOs testified before the Senate Banking Committee and lobbied for a reconsideration of new regulations that they claim will hurt the U.S. economy. Senator Sherrod Brown (D-OH), Chairman of the Senate Committee on Banking, Housing, and Urban Affairs said in his opening statement, “These rules protect against risky trading and derivative activities on Wall Street – the same activities that led to the 2008 financial crisis. They would close a loophole that allowed banks like SVB to hide behind an accounting fiction that lowered capital requirements and contributed to its failure.” The collapse of Silicon Valley Bank and several other banks in early 2023 triggered concern that bank runs would trigger a financial crisis.

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: Oracle (55)
• Tuesday: Johnson Controls International (116)
• Wednesday: Adobe (102)
• Thursday: None
• Friday: None

Image Source: Deposit Photos
Author: muro
Image ID: 16930199