Other Barks and Bites for Friday, January 26: CAFC Grants Transfer Out of Texas for Honeywell; Google Settles AI Chip Patent Lawsuit; Judge Newman’s Lawyers Make Her Case Before D.C. Judge

This week in Other Barks and Bites: the U.S. Court of Appeals for the Federal Circuit (CAFC) says Judge Alan Albright abused his discretion in denying transfer to Honeywell; Judge Pauline Newman argues to keep her district court case against CAFC alive; Google settles a patent lawsuit launched by an AI chip company asking $1.67 billion in damages; the International Trademark Association (INTA) publishes a report highlighting companies’ IP value; and the Pokemon Company releases a statement on potential copyright infringement by a rival game developer.

Bites

CAFC Grants Honeywell’s Mandamus Petition for Transfer to North Carolina

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, January 26, granted a petition for writ of mandamus filed by Honeywell International, Inc. asking the court to compel the U.S. District Court for the Western District of Texas to transfer a patent infringement case brought by a patent assertion entity against it to the U.S. District Court for the Western District of North Carolina. The CAFC said the district court’s reasoning for denying transfer was a clear abuse of discretion and noted that “as in TikTok and other recent cases in which this court and the Fifth Circuit have granted mandamus, several important transfer factors favor transfer, while nothing of significance ties this case to the Western District of Texas.”

INTA Releases Report on Intellectual Property Reporting for Brands

On Thursday, January 25, the International Trademark Association (INTA) published its 2022 Presidential Task Force (PTF) Report, Intellectual Property Reporting for Brands. The report’s goal was to increase awareness of the value of companies’ IP. INTA covered corporate IP reporting for brands and financial IP reporting for brands. “As a community, we understand and appreciate the importance of IP for companies, but we still struggle to communicate this properly to society as a whole,” said 2022 INTA President Zeeger Vink. “How can we improve this? It starts with good IP reporting.”

D.C. Court Hears Arguments in Judge Newman’s Suspension Case

On Thursday, January 25, a D.C. district court heard arguments from Judge Pauline Newman’s lawyers to allow her lawsuit against her colleagues in the U.S. Court of Appeals for the Federal Circuit (CAFC) to proceed. The dispute stems from the CAFC’s suspension of Judge Newman due to questions surrounding her mental and physical ability. The 96-year-old judge previously claimed her suspension is unprecedented in American history. In Thursday’s hearing, the D.C. judge expressed sympathy toward Newman’s argument that the CAFC should have moved its investigation to another circuit, but the judge also questioned the argument that the suspension was beyond the CAFC’s power.

USPTO and NOAA Sign Agreement to Advance Climate Technology

On Wednesday, January 24, the U.S. Patent and Trademark Office (USPTO) and National Oceanic and Atmospheric Administration (NOAA) signed a memorandum to collaboratively work to advance domestic climate technology production. The agreement allows NOAA’s research and technology to be more effectively used to serve the public. The institutions formalized an employee exchange program and outlined future areas of collaboration. “Only by working with climate innovators — such as our incredible colleagues at NOAA — can we protect innovation with intellectual property and attract the investment needed to make a meaningful impact,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO.

Google Settles AI Chip Patent Lawsuit

On Wednesday, January 24, Google settled Singular Computing’s lawsuit which alleged Google infringed on its AI chip patent and asked for $1.67 billion in damages, according to Reuters. The settlement was announced on the day that closing arguments were scheduled to begin. A Google spokesperson told Reuters that it had not infringed on Singular’s patent and was happy that the legal dispute was closed. The inventor behind Singular Computing claimed that Google used his technology in various AI functions present in Google Search and Gmail.

Barks

Pokemon Releases Statement on Potential Copyright Infringement in Rival Game

On Thursday, January 25, the Pokemon Company released a statement after the recent success of Palword, a game many have pointed out has various similarities to the classic video game Pokemon. In its statement, the Japanese company does not name Palworld or its developer, but it clarified, “we have received many inquiries regarding another company’s game released in January 2024. We have not granted any permission for the use of Pokémon intellectual property or assets in that game.”

USPTO to Issue Certificates of Correction Electronically Beginning January 30

On Thursday, January 25, the USPTO issued a reminder that beginning January 30 certificates of corrections will be issued electronically. These electronic certificates will be issued through the Patent Center and will be viewable and printable by both patent owners and the public immediately. This marks a change from the current procedure in which certificates of correction are issued in paper and mailed. The change is part of the USPTO’s greater modernization efforts.

Nokia Signs 5G Cross-Licensing Agreement with Oppo, Ending Patent Dispute

On Wednesday, January 24, Nokia announced that it signed a 5G patent cross-license agreement with OPPO that puts an end to its three-year patent battle. As part of the agreement, OPPO will pay Nokia catch-up payments to cover non-payment during the dispute period. “This agreement reflects the mutual recognition and respect for each other’s intellectual property and lays the foundation for future collaboration between OPPO and Nokia,” said Feng Ying, OPPO’s Chief Intellectual Property Officer.

Tattoo Trademark Trial Kicks Off

On Tuesday, January 23, a tattoo trademark jury trial began involving a Miles Davis tattoo drawn by celebrity tattoo artist Kat Von D. The plaintiff Jeffrey Sedlik sued the former reality TV star accusing Von D of reproducing his copyrighted photo of Miles Davis to promote her tattoo business. On the first day of the trial, Von D and her lawyer claimed that the artist’s use of the Mile Davis photo fell under fair use. The case has drawn comparisons to a trademark case from last year involving Andy Warhol and fair use.

This Week on Wall Street

Netflix Q4 Earnings Smashes Expectations with Subscribers Surging

On Tuesday, January 23, Netflix announced Q4 earnings that beat expectations with the streaming service adding 13.12 million in new subscribers after tightening password-sharing rules. Netflix generated $8.83 in the financial quarter, a 12.5% increase compared to Q4 last year. The streaming giant was met with significant pushback when it changed its password-sharing rules, but during the earnings announcements executives were pleased with the results.

SAP Lays Off 8,000 Workers, Intends to Focus More on AI Advancements

On Tuesday, January 23, SAP announced 8,000 layoffs as part of a restructuring plan that involves increased emphasis on artificial intelligence. The plan will cost the company $2 billion in buy-outs and retraining programs. In its statement, the company said their plan is to “transform its operational setup to capture organizational synergies, AI-driven efficiencies and to prepare the company for highly scalable future revenue growth.”

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: Koninklijke Philips N.V. (49)
• Tuesday: Alphabet (15), Microsoft (18), Caterpillar (90), Stryker (97)
• Wednesday: QUALCOMM (10), Boeing (36), Boston Scientific (88), Mastercard (144), Thermo Fisher Scientific (190), Novo Nordisk (277)
• Thursday: Apple (14), Amazon (16), Meta (42), Honeywell (56), Illinois Tool Works (157), Eaton (165), Sanofi (210)
• Friday: Exxon Mobil (156), Bristol-Myers Squibb (252)

Image Source: Deposit Photos
Author: Patryk_Kosmider
Image ID: 58564531