Posts Tagged: "Barks and Bites"

This week in Other Barks & Bites: the Supreme Court hands out a pair of IP decisions, holding that willfulness is not required for profits awards in all trademark cases and that institution decisions at the PTAB are not reviewable despite violations of the statutory one-year time bar; the CJEU clarifies EU trademark law regarding the registration of trademarks for products that are solely decorative; INTA asks the full Ninth Circuit to rehear VIP Products v. Jack Daniels Properties, Inc.; the Copyright Office issues rulemaking notices related to the agency’s implementation of mechanical licensing collective activities and other aspects of the Music Modernization Act; global stocks tumble after Gilead halts a clinical trial examining the use of remdesivir to treat coronavirus patients; the USITC decides in favor of Rovi in a Section 337 investigation of Comcast; and the USPTO reports a reduction in Alice rejections owing to the agency’s implementation of revised subject matter eligibility guidelines in 2019.

This week in Other Barks & Bites: a new report shows that Asian countries are responsible for 65% of all patent filings in the 5G sector; the copyright infringement case against Katy Perry’s “Dark Horse” is appealed to the Ninth Circuit; the Federal Circuit issues precedential decisions invalidating Ericsson patent claims under Section 101 and affirming a denial of attorney’s fee award on a voluntary dismissal; Congressional leadership from IP subcommittees send a letter to USPTO Director Iancu seeking information on agency operations during the COVID-19 pandemic; the Southern District of New York finds that Mashable isn’t liable for copyright infringement after using a picture from a photographer’s public Instagram feed; and Gilead stock surges after a positive clinical trial involving the use of its antiviral agent remdesivir to treat COVID-19 patients.

This week in Other Barks & Bites: the U.S. Supreme Court denies yet another petition  asking the court to clarify patent-eligibility under Section 101; the Federal Circuit vacates various rulings due to erroneous lower court findings on claim construction, Section 102 on-sale bar and distinctiveness of multi-color trademark; the U.S. Copyright Office relaxes regulations on electronic submissions to facilitate public access to agency services; France’s competition regulator demands that Google pays copyright fees for online news snippets; the Consumer Price Index sees its largest one-month drop in more than five years; Roku fails to extend trial date in streaming media patent case in the Western District of Texas; and WIPO reports that China’s 2019 Patent Cooperation Treaty filings surpassed similar findings from the United States.

This week: the COVID-19 pandemic causes USPTO and Copyright Office to extend deadlines while the FCC embarks on a pair of telehealth and connected care initiatives to support health care providers; Europe’s highest court finds Amazon isn’t liable for trademark infringing by storing infringing goods from third-party sellers; Tesla forecasts 500,000 car deliveries in 2020 after beat analyst expectations on sales for the first quarter; a Stanford Law paper co-authored by Mark Lemley shows outsized negative impacts of Supreme Court’s Alice ruling on startups and individual inventors; Zoom announces massive increase in its daily meeting participant numbers; USPTO announces plans to expand its Law School Clinic Certification Program; and Canada passes emergency legislation for coronavirus response giving government the authority to compel manufacturing of any patented technology. 

This week in Other Barks & Bites: China’s copyright office announces a 21% increase in copyright registrations between 2018 and 2019; Costa Rica asks WHO to build a voluntary patent pool for COVID-19 technologies, South Korea’s patent office builds a COVID-19 tech tracker; Amazon faces trademark infringement claims from NFL MVP Lamar Jackson and copyright infringement claims from Williams-Sonoma; Congress moves to pass a massive economic stimulus bill in response to COVID-19; dozens of PTAB cases face appeal after the Federal Circuit denies rehearing in Arthrex; and the Supreme Court finds that state sovereignty prevents individuals from filing copyright claims against states in Allen v. Cooper decision.

This week in Other Barks & Bites: the USPTO closes to the public amid the coronavirus pandemic while waiving various patent and trademark applicant requirements during “extraordinary situation;” former Google engineer Anthony Levandowski pleads guilty to trade secret theft; Israel approves a generic version of a viral treatment that could help coronavirus patients despite AbbVie’s patents; the Federal Circuit strikes down Facebook’s attempt to use joinder to increase the number of patent claims challenged in an IPR; the Ninth Circuit affirms a lower court ruling that nixes copyright infringement claims against Disney over the 2015 film “Inside Out;” the CNIPA issues new IP work system guidelines for Chinese state-owned entities; YouTube and CNN will reportedly cut streaming video quality in response to massive growth in European bandwidth usage; the ITC opens a Section 337 investigation into touchscreen devices made by Apple, Samsung and LG Electronics; and Judge Snyder awards JMOL to Katy Perry nixing copyright damages in “Dark Horse” case.

This week in Other Barks & Bites: Daren Tang of IPOS is elected next Director of WIPO; the CNIPA waives patent annuity late fees and major American tech firms ask employees to work from home in response to the spread of coronavirus; the Library of Congress asks for public input on the qualities and priorities of the next Register of Copyrights; the Federal Circuit affirms rulings involving inequitable conduct in filing patent applications and the ITC’s cease-and-desist order against Comcast X1 set-top box sales; former Google engineer Anthony Levandowski files for Chapter 11 bankruptcy following trade secret verdict; HP rejects Xerox’s $35 billion takeover bid; and Charter Communications seeks to overturn $1 billion copyright verdict by alleging improper copyright registrations.

This week in Other Barks & Bites: The CAFC issued a precedential decision in Arctic Cat Inc. v. Bombardier Recreational Products Inc., affirming a ruling that Arctic Cat cannot recover pre-complaint infringement damages because its licensee failed to mark products covered by Arctic Cat’s patent claims; the USPTO relaxes a proposed rule requiring email addresses on trademark applications; the Copyright Royalty Board announces royalty rates for sound recordings transmitted by subscription services; the Department of Justice and other amici file briefs supporting Oracle at the Supreme Court in its copyright case against Google; India’s cabinet approves an IP plan with the U.S. ahead of a visit by President Trump; Sprint and T-Mobile revise their merger deal to hand a larger stake to Deutsche Telekom; a California state court jury hears closing arguments in a $1 billion trade secret case against Uber; Motorola Solutions announces a massive win on trade secret and copyright damages; and licensing talks between Nokia and Daimler on connected car technologies reportedly fail.

This week in Other Barks & Bites: The Federal Circuit issues precedential decisions in patent cases involving data centers as “regular and established place of business,” the Section 315 time-bar for PTAB proceedings and a settlement agreement rendering a summary judgment ruling moot; former Chief Judge Michel asks the Federal Circuit for an en banc rehearing of a panel decision raising the standards for patent owners proving that patent claims are non-obviousness because of secondary considerations; the Department of Justice indicts Huawei on trade secret theft and RICO charges; the USPTO hosts job fairs for new patent examiners while the agency also takes flak for new email requirements for trademark applications; “Choose Your Own Adventure” trademark suit against Netflix moves forward; VirnetX stock sees positive response after the Federal Circuit denies Apple’s petition for rehearing; and Oracle files a respondent’s brief in its copyright case against Google in the U.S. Supreme Court.

This week in Other Barks & Bites: the Federal Circuit finds implied license for AT&T beats infringement claims; Verizon is targeted in patent suit filed by Chinese telecom firm Huawei; Gilead stock drops after adverse patent decisions; the ITC institutes a patent infringement investigation against Google; Cox Communications seeks remittitur, new trial in $1 billion copyright case; David Gooder is appointed to serve as the next Commissioner of Trademarks at the USPTO; the Ninth Circuit hears oral arguments on whether “Comic Con” trademark was generic; and Biogen sees stock prices shoot up after beating Mylan patent challenge at the PTAB.

This week in Other Barks & Bites: a California jury awards Caltech $1.1 billion in patent damages against Apple and Broadcom; the Federal Circuit affirms a PTAB obviousness finding based on combination of prior art and general knowledge; Democratic candidate Bloomberg supports limitations to patent protections for brand-name drugs; climate activist Greta Thunberg seeks trademark protection; the EU Court of Justice determines that computer software trademarks aren’t contrary to public policy; the UKIPO discusses agency operations during post-Brexit transition period; IBM announces Arvind Krishna as replacement for outgoing CEO Ginni Rometty; USPTO announces partnership to fast-track Mexican patent applications for U.S. patent owners; and the UK decides to shelve EU Copyright Directive on eve of Brexit.

This week in Other Barks & Bites: the Federal Circuit revives patent infringement claims asserted against Facebook’s News Feed; the CAFC also remanded a trio of cases to the USPTO to cure constitutional issues the court found in Arthrex; the USPTO announces new members of the PPAC and TPAC public advisory committees; the Copyright Royalty Board announces its intent to audit several companies for royalty payments under statutory licenses; Juno Therapeutics seeks enhanced damages of $1.5 billion for Kite Pharma’s willful infringement; HTC patent win in China includes damages award that greatly exceeds the statutory maximum; and the EU Court of Justice finds that a GlaxoSmithKline patent deal with generic drugmakers may have violated EU competition law.

This week in Other Barks & Bites: The new China-U.S Trade Deal offers stronger patent dispute mechanism for drug companies; IBM joins LOT Network and tops the list of top U.S. patent recipients for a 27th straight year; the U.S. Supreme Court hears a pair of appeals in trademark cases and seems eager to overturn lower court rulings in both; Federal Circuit Judge Pauline Newman dissents on a pair of precedential decisions issued by the CAFC; tech giant Alphabet is the fourth U.S. tech company to hit a $1 trillion market capitalization; China announces that it received 1.401 million invention patent applications during 2019; Ed Sheeran loses a motion to compel and must disclose concert revenue information in “Thinking Out Loud” copyright case; USAA wins a second nine-figure judgment in a patent infringement case against Wells Fargo; and CompuMark reports that 85% of global brands were infringed during 2019.

This week in Other Barks & Bites: the U.S. Supreme Court will meet today for a conference during which it will consider several petitions regarding patent-eligibility under Section 101; next week, the Supreme Court will also hear oral arguments in a pair of trademark cases regarding defense preclusion and profits awards; the Fifth Circuit decides a novel issue and denies statutory copyright damages for post-registration infringement; China announces that its domestic invention patent grants surpass goals set by the national government; Sonos sues Google for patent infringement a few years after the two companies collaborate on speaker technology; the BBC wins a trademark case in China over the BBC logo; the PTAB rules that Google isn’t an interested party in a validity trial petitioned by RPX; and China rules that an AI-produced news article has copyright protections.

This week in Other Barks & Bites: the Federal Circuit affirms a district court’s obviousness finding invalidating Persion Pharmaceutical’s liver pain treatment patent; Deputy Trademark Commissioner Meryl Hershkowitz is promoted to Acting Commissioner for Trademarks at the USPTO; Jay Hoffman will begin his new role as  Chief Financial Officer at the USPTO on January 6; the Copyright Royalty Board publishes a notice of inquiry on royalties for statutory licenses; the Ninth Circuit finds that TTAB cancellation proceedings don’t preclude claims of trademark infringement in district court; the creators of the children’s cartoon Peppa Pig score a copyright victory in Chinese courts; a New Jersey District Court finds that the SCOTUS decision in Impression Products doesn’t prevent trademark claims against resellers; Singapore announces a new chief for its international IP commercialization agency; and Tesla beats Wall Street expectations on fourth quarter car deliveries.