Posts in Barks and Bites

This week in Other Barks & Bites: the EU’s highest court holds that UK trademark rights cannot support opposition proceedings within the EU since the conclusion of the transitional period following Brexit; Merck shuffles its corporate structure in advance of major patent expirations for blockbuster drug Keytruda; the Federal Circuit finds genuine issues of material fact in an inequitable conduct and antitrust claim ruling handed out by the Southern District of Texas; and more.

This week in Other Barks & Bites: the Federal Circuit concludes that expert testimony did not properly support the patent owner’s equivalency argument; the World Intellectual Property Organization issues a report showing that technology diffusion is spreading across the world at historically high rates; Boeing returns its defense and security headquarters to St. Louis from the D.C. region; Senators Thom Tillis and Adam Schiff send letters seeking better transparency measures in standards development and answers regarding a controversial restatement of copyright laws; and more.

This week in Other Barks & Bites: the U.S. Copyright Office issues a three-year study on small claims filed at the Copyright Claims Board; Commerce Secretary Howard Lutnick publicly retreats from a proposed value-based tax on U.S. patent grants; the Federal Circuit issues several precedential decisions including one nixing Apple’s appeal of the NHK-Fintiv framework for discretionary denials of IPR proceedings; and more.

This week in Other Barks & Bites: Senator Ted Cruz (R-TX) calls for a federal framework for deploying self-driving cars to replace the state patchwork negatively impacting U.S. dominance in the field; a major apparel industry organization releases a study showing that nearly half of counterfeit products test positively for high levels of hazardous chemicals; Novartis issues guidance calling for its first annual operating profit loss in a decade due to patent expirations to blockbusters Entresto and Xolair; and more.

Although IPWatchdog has the word “Dog” in it’s name and logo, the publication is in no way associated with dogs.  However, Gene and I have a shared love of dogs and have SIX German shorthaired pointers (3 sets of male/female siblings) ranging in age from 11 months to 6 years old.  We love dogs so much that when we posted our first job post in 2020, one of the job “requirements” was “must love dogs” (Plural).  Today, the majority of our employees share this same love of dogs and most have dogs of their own.

This week in Other Barks & Bites: the Federal Circuit denies yet another mandamus petition seeking relief from the settled expectations doctrine for discretionary IPR denials at the PTAB; Europe’s top IP agencies release a joint report showing that IP-driven industries contribute half of Europe’s GDP and account for one out of three jobs in the EU; a report by a coalition of creators organizations warns that generative AI threatens one out of every three jobs in the creative industries; Senator Maria Cantwell urges the Trump Administration to restore federal funding levels for the nation’s top science and research agencies; Apple announces record-breaking quarterly revenues on iPhone sales; Kalyan Deshpande moves from his interim role at the PTAB to a permanent Chief Judge position; and more.

This week in Other Barks & Bites: a petition for writ filed by USAA to challenge the Federal Circuit’s application of Section 101 is distributed for conference at the U.S. Supreme Court; the TRAIN Act is introduced into the U.S. House of Representatives to give copyright owners the right to subpoena records for generative AI training; the USPTO extends the Patent Prosecution Highway program with other IP5 offices; the Federal Trade Commission files a notice of appeal to challenge its unsuccessful antitrust suit against Meta’s acquisitions of WhatsApp and Instagram; the Fifth Circuit rules expressly for the first time that parties claiming trade secret misappropriation must apportion their damages claims to exclude product value that is not attributable to the misappropriated trade secrets, and more.

This week on Other Barks & Bites: Senators Maria Cantwell (D-WA) and Todd Young (R-IN) lead a bipartisan coalition of lawmakers introducing a bill to reauthorize the National Quantum Initiative; Circuit Judge Kim McLane Wardlaw pens a concurrence to the Ninth Circuit’s ruling affirming the dismissal of copyright claims against tattoo artist Kat Von D calling out fundamental flaws in the circuit’s intrinsic test for substantial similarity; and more.

This week in Other Barks and Bites: Will Page’s Global Value of Music Copyright report shows that industry revenues have doubled since 2015 despite slowing growth as pandemic impacts are no longer felt; the Federal Circuit rules that it lacks jurisdiction to hear an appeal of an $8 million bond set under an Idaho state law prohibiting bad faith patent assertions; Micron expects the market for high-bandwidth memory chips to reach $100 billion by 2018; and more.

This Week in Other Barks & Bites: the EU’s General Court reduces a fine levied against Intel for anticompetitive behavior in the microprocessor market by €140 million; Disney signs a landmark character licensing deal with OpenAI while also warning Google to stop infringing uses of its copyrights via Google’s AI platforms. and more.

This week in Other Barks & Bites: The U.S. Patent and Trademark Office announced it has updated the Manual of Patent Examining Procedure to reflect recent eligibility guidance; The New York Times has sued Perplexity AI for copyright and trademark infringement; AGs from seven U.S. states sent a letter to the College Sports Commission calling out its “cartoonishly villainous” university participation agreement; and more.

This week in Other Barks & Bites: the EU General Court dismisses Amazon’s challenge to its designation as a “very large online platform” under the Digital Services Act; an IFI CLAIMS study shows that 99 companies on the S&P 100 own patents; and more.

This week in Other Barks & Bites: Huawei announces that it earned $630 million USD in patent licensing revenues last year; the U.S. Supreme Court nixes CPC Patent’s cert petition challenging the Federal Circuit’s Rule 36 practice on the same day that it faces another Rule 36 ruling; WIPO’s World Intellectual Property Indicators report shows that patent application filings at China’s patent office increased nearly 10% last year while WIPO’s IP awareness report shows major strides in the Asia-Pacific region; and more.

This week in Other Barks & Bites: the Federal Circuit finds that Motorola failed to demonstrate a protectable property interest in its challenge to the USPTO’s rescission of former Director Vidal’s “compelling merits” memo; Samsung gets hit with a $191.4 million jury verdict over OLED display technologies;the Council for Innovation Promotion asks the U.S. Trade Representative to address specific shortcomings in IP protections among America’s trading partners during joint review of the U.S.-Mexico-Canada Agreement; and more.

This week on Other Barks & Bites: Vice Chief Administrative Patent Judge for the Patent Trial and Appeal Board (PTAB) Michael Kim says institution issued by Director John Squires will be a “thumbs up or down”; the Federal Circuit clarifies the meaning of “by another” from pre-America Invents Act Section 102 in the joint inventor context; President Donald Trump petitions the U.S. Supreme Court to stay the D.C. Circuit’s injunctive relief allowing Shira Perlmutter to return to her role as Register of Copyrights; and more.