Posts Tagged: "other barks and bites"

Other Barks & Bites for Friday, July 9: Biden Order Targets IP Industry Practices, German Constitutional Court Nixes Challenge to Unified Patent Court and Google Faces New Antitrust Suit Over App Store Practices

This week in Other Barks & Bites: a Fact Sheet announcing a Biden Administration Executive Order on competition policy includes measures aimed at cracking down on perceived anti-competitive practices across a number of IP industries; the attorneys general of 36 states and the District of Columbia file an antitrust suit against Google over its practices surrounding the Google Play Store; the EU’s highest court rules that sound marks must cause consumers to recall the commercial origin of a product to be registered as a trademark; the Ninth Circuit issues a divided opinion on whether trademark claims between family members within an Indian incense enterprise must be settled through arbitration; the USPTO launches a patent eligibility study after a request from several U.S. Senators; Softbank pays $1.6 billion USD for the perpetual rights to Yahoo’s branding and technology in Japan; and the Federal Circuit grants another writ of mandamus transferring another Ikorongo patent suit out of Western Texas and into Northern California.

Other Barks & Bites for Friday, July 2: Kroll Disbarred, NCAA Issues Policy on Student-Athlete NIL Rights, USPTO Issues Interim Rule Under Arthrex

This week in Other Barks & Bites: Michael Kroll, an often-sanctioned patent attorney, is barred from practice before the USPTO; the Federal Circuit orders Judge Albright to grant motions to transfer patent suits filed by Ikorongo to Northern California; the NCAA issues a new policy allowing student-athletes to license name, image and likeness rights; the Supreme Court limits but doesn’t abandon the doctrine of assignor estoppel; the Copyright Office announces that certain on-site services will be open to the public by appointment only beginning next week; the USPTO issues an interim rule for processing requests for Director rehearing under Arthrex; the EUIPO has received a record number of trademark applications through the first six months of 2021; Amazon files a petition with the FTC seeking the recusal of Chair Khan from investigations into the e-commerce giant; and Apple files a declaratory judgment action to invalidate a pair of voice-over-Internet protocol patents recently asserted by VoIP-Pal.com. 

Other Barks & Bites for Friday, June 18: Big Tech Critic Khan Sworn in as FTC Chair, CJEU Says Copyright Owners Can Request IP Addresses of Infringers, and International Cybercrime Prevention Act is Reintroduced

This week in Other Barks & Bites: Senators Tillis, Whitehouse, Graham and Blumenthal reintroduce bill to prevent cybercrime amid record year for ransomware attacks; Senators Crapo and Wyden introduce the FABS Act to create a 25% tax credit in domestic semiconductor manufacturing investment; the Federal Circuit affirms a Section 101 invalidation of digital camera patent claims over Judge Pauline Newman’s dissent that the claims cover a mechanical and electronic device; the Patent Trial and Appeal Board (PTAB) rules that it can institute post grant review (PGR) of patent claims that have been disclaimed by the owner; Lina Khan is sworn in as the new chair of the Federal Trade Commission (FTC); the Seventh Circuit nixes yet another appeal from Design Basics while deriding the architectural design firm as a “copyright troll”; the CJEU rules that the registration of Internet protocol addresses of Internet service provider (ISP) subscribers for submission to copyright owners seeking to enforce against infringers using BitTorrent can be permissible under EU law; and Senator Tillis issues questions for response to executives at Sonos and Amazon dealing with issues of efficient patent infringement and anticompetitive e-commerce activities.

Other Barks & Bites for Friday, June 11: EU Parliament Calls for TRIPS Patent Waiver, Innovation and Competition Act Passes Senate, and Foreign Lawyers Can Now Sit for China’s Patent Bar

This week in Other Barks & Bites: the Innovation and Competition Act passes Senate by a vote of 68-32; the Federal Circuit rules that it lacks jurisdiction to decide Walker Process antitrust claims that are now transferred to the proper regional circuit; the European Parliament adopts a resolution proposing a waiver of international patent rights days after the European Commission presented an alternative proposal to improve COVID-19 vaccine access without a patent waiver; Germany’s national legislature approves a statute requiring courts to balance undue hardships before ruling on injunctions in patent cases; the American Law Institute votes to adopt sections of a restatement on federal copyright law over prominent backlash; Apple hires a former BMW executive to help develop its electric car project; China’s national IP administration began implementing a pilot project allowing foreign lawyers to sit for the nation’s patent bar exam; and the Tenth Circuit rules that the exceptional case standard in the Lanham Act and the Patent Act are parallel.

Other Barks & Bites for Friday, June 4: EU Plans Alternative to Vaccine Patent Waiver Proposal, CAFC Finds Prosecution Laches as Section 145 Defense for USPTO, and Antitrust Investigations into Facebook Marketplace Launched in EU and UK

This week in Other Barks & Bites: Officials in the European Union are developing an alternative proposal to the waiver of international patent rights under TRIPS for COVID-19 vaccines; GM revises second quarter profit guidance upward after shifting production to truck models; the Federal Circuit holds that the defense of prosecution laches is available to the USPTO in Section 145 civil suits over patent claims; a Lex Machina IP litigation report shows that copyright and trademark lawsuit filings have been down throughout the COVID-19 pandemic; antitrust regulators in the EU and the UK announce separate investigations into Facebook’s cross-promotion of its Marketplace e-commerce platform; Chinese IP officials call for domestic patent firms to stop filing irregular patent applications; and the EUIPO reports that 21 percent fewer fake goods were detained within the EU’s internal market, although the value of counterfeit goods seized did not fall from 2018 to 2019.

Other Barks & Bites for Friday, May 21: Congress Attacks AbbVie’s Humira Patent Practices, SCOTUS Denies Cert in Enbrel Patent Case and Germany’s Bundestag Passes Controversial ‘Minor Use’ Copyright Provision

This week in Other Barks & Bites: the House Oversight Committee takes action against AbbVie’s patent practices regarding its blockbuster drug Humira; TSMC increases microcontroller output by 60% to address the global chip shortage; the Ninth Circuit affirms that USPTO communications with patent applicants are not information collections under the Paperwork Reduction Act; the U.S. Supreme Court denies cert to a Sandoz appeal on issues of double patenting involving the autoimmune disorder treatment Enbrel; Germany’s federal parliament passed a bill implementing the EU Copyright Directive including a controversial “minor use” provision; China joins the EUIPO’s TMview database; the USPTO issues proposed rules to implement the Trademark Modernization Act; and the USITC institutes a Section 337 patent infringement investigation against Apple’s wearable ECG devices.

Other Barks & Bites for Friday, May 14: Tai Testifies in Senate on IP Waiver; Australia Introduces Medical and Biotech Patent Box, China Announces 20% Growth in Belt & Road Country Patenting

This week in Other Barks & Bites: U.S. Trade Representative Katherine Tai testifies before the Senate Finance Committee, where lawmakers express their concerns about waiving IP rights under the TRIPS Agreement; Federal Circuit remands New Vision Gaming for proceedings consistent with Arthrex, avoiding difficult questions on potential due process violations at the PTAB; a Sonos SEC filing reveals a preliminary injunction win against Google’s Cast technology in Germany; Australia’s 2021-22 federal budget includes a patent box that will reduce taxable income related to medical and biotech patents; Alvotech files a lawsuit accusing AbbVie of maintaining an unlawful monopoly over its blockbuster drug Humira; the UK High Court nixes alternative service to Huawei subsidiaries which could delay a 3G patent case by two to three years; consulting firm AlixPartners expects the automotive industry to lose $110 billion in revenues due to the chip shortage; and China announces nearly 20% growth in 2020 patent grants to Chinese entities from countries participating in China’s Belt and Road Initiative.

Other Barks & Bites for Friday, May 7: FTC Issues Report to Congress on Repair Restrictions, SCOTUS Calls for Solicitor General Brief in American Axle and USPTO Seeks to Hire Hundreds of Patent Examiners

This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) announces a hiring initiative to fill hundreds of patent examiner positions at its Alexandria headquarters; Samsung and Ericsson enter a global cross-license agreement ending all patent litigation between the two companies; the FTC issues a report to Congress finding scant evidence to support justifications for copyright protecting measures on software and other repair restrictions; IBM announces the creation of a new 2-nm semiconductor that will have widespread industry applications; the Federal Circuit affirms a Rule 60(b)(3) ruling setting aside an injunction for patent infringement after the patent owner’s expert witness misrepresented knowledge of invalidating prior art; the Supreme Court asks the U.S. Solicitor General to file a brief on the Section 101 issues involved in American Axle; and Register Perlmutter tells the House Judiciary Committee that she believes Section 512 of the DMCA needs fine-tuning for better balance between online platforms and rightsholders.

Other Barks & Bites for Friday, April 30: Brazil Senate Passes COVID-19 Patent Waiver Bill, Cornyn Mulls Expanding ITC’s Section 337 Authority; China Says It Leads World in 6G Patent Applications

This week in Other Barks & Bites: the full Senate Judiciary Committee approves the IDEA Act, moving it towards a Senate floor vote; China’s IP administration issues statistics purporting to show that the country leads in global patent applications for 6G networking technologies; the Federal Circuit affirms an ITC ruling against Bio-Rad over that company’s arguments that it was a co-inventor of patents asserted by 10X Genomics; AG Pitruzzella tells the CJEU that PDO products should be protected against all forms of commercial parasitism; the European Commission increases antitrust pressure against Apple for abusing its market-dominant position in app stores; the Copyright Office issues an NPRM for expediting copyright registrations for works involved in claims or counterclaims in front of the Copyright Claims Board; and Brazil’s Senate passes a bill setting a framework for COVID-19 patent waivers for consideration by the lower house of Brazil’s Congress.

Other Barks & Bites for Friday, April 16: Apple Gets New Damages Trial in Optis Wireless Case, Tillis Again Urges Biden Administration to Snub TRIPS Waiver, and Fifth Circuit Affirms FTC Penalty Against Impax Pay-for-Delay Settlement

This week in Other Barks & Bites: Senator Thom Tillis Urges Commerce Department and U.S. Trade Representative heads not to be pressured into voting in favor of proposals to waive IP obligations under the TRIPS Agreement; a Federal Circuit panel hears oral arguments in New Vision Gaming’s appeal regarding due process violations at the Patent Trial and Appeal Board; China’s GDP has largest recorded year-over-year increase as the country’s economy returns to some normalcy following the COVID-19 pandemic; the Fifth Circuit affirms Federal Trade Commission antitrust charges against Impax Labs for delaying entry of its generic version of Opana ER; Puma and U.S. Olympic Committee settle their trademark dispute over city-plus-year trademarks for Olympic events; Judge Gilstrap orders a new damages trial in Optis Wireless’ patent case against Apple after finding that the jury wasn’t informed of Optis’ FRAND licensing obligations; and Walmart enters a $2.75 billion funding round for GM’s Cruise self-driving subsidiary.

Other Barks & Bites for Friday, April 9: Supreme Court Issues Major Win for Google, Brazil Suspends Patent Term Extensions During COVID-19 and CAFC Finds No Standing for Apple to Appeal PTAB Decisions for Qualcomm

This week in Other Barks & Bites: the Federal Circuit finds that Apple’s patent licensing agreement with Qualcomm eliminated standing to appeal IPRs from the PTAB; the Second Circuit hears oral arguments in copyright lawyer Richard Liebowitz’s sanctions appeal as well as an appeal of antitrust claims against Takeda over improper extensions of FDA exclusivity for Actos; the Supreme Court rules that Google’s copying of Oracle’s Java API was fair use; Brazil’s highest court enters a preliminary ruling eliminating patent term extensions for drug patents during the COVID-19 pandemic; German automakers BMW and Mercedes-Benz see record quarters of sales while GM announces plans to shutter more factories due to the global chip shortage; and Nokia and Lenovo enter into a cross-licensing agreement ending worldwide patent litigation between those two companies.

Other Barks & Bites for Friday, April 2: GAO Report Shows No Federal Government Patent Rights in Remdesivir, Second Circuit’s Warhol/Prince Ruling Limits Fair Use Doctrine, and Ex-USPTO Director Iancu Rejoins Irell & Manella

This week in Other Barks & Bites: Senators Tillis and Leahy urge the appointment of several key IP officials, including USPTO Director, before World IP Day; former USPTO Director Andrei Iancu rejoins his former firm Irell & Manella in their IP litigation practice; a trademark trends report published by Dechert LLP shows China accounting for 25% of the record number of U.S. trademark applications filed in 2020; TSMC announces plans to invest $100 billion over three years to increase chip manufacturing; the Second Circuit issues a ruling finding that Andy Warhol’s silkscreen prints of music legend Prince was not a fair use of the copyrighted photo; the Fourth Circuit vacates a nearly $100 million trademark verdict against Walmart for an improper jury instruction on willfulness; and the GAO issues a report showing that $162 million in federal funding for clinical trials of remdesivir gave rise to no patentable inventions owned by the U.S. government.

Other Barks & Bites for Friday, March 19: Sen. Tillis Urges No Section 512 Safe Harbors in Future FTAs, Federal Circuit Finds Authority to Issue Mandamus for PTAB Institution Denials, and House Antitrust Subcommittee Addresses SEPs

This week in Other Barks & Bites: the Federal Circuit issues an order on motion finding that it has authority under the All Writs Act to issue mandamus relief for PTAB institution denials; China’s national IP agency announces plans to crack down on “irregular patent applications” filed for bad faith purposes; Sen. Tillis writes a letter to newly confirmed USTR Tai urging strong data exclusivity protection for biologics and no language mirroring Section 512 safe harbors under the DMCA in any future free trade agreements; the Fourth Circuit joins the Seventh and Ninth Circuits in finding that appellants seeking review of a second TTAB decision after Federal Circuit remand may proceed to appeal in federal district court; Google CEO Pichai announces that the Internet services giant plans to invest $7 billion in facility expenditures through 2021; and the Copyright Office increases the number of public roundtables for its MMA unclaimed royalties study due to high volume demand for participation.

Other Barks & Bites for Friday, March 12: CAFC Affirms 101 Rejection of Stanford Personalized Health Patent Claims, Judge Albright Oversaw 20% of 2020 Patent Cases and Tillis to Co-Chair Cybersecurity Caucus

This week in Other Barks & Bites: Senator Thom Tillis announces he will co-chair the Senate Cybersecurity Caucus; a local business news outlet reports that the United States Patent and Trademark Office could be downsizing its office space footprint in Northern Virginia; a Lex Machina report shows that Judge Albright’s docket covered nearly 20% of all patent cases filed during 2020; Johnson & Johnson gets an important regulatory approval to sell its COVID-19 vaccine in the EU; Facebook moves to dismiss the Federal Trade Commission’s antitrust suit for failing to state a plausible claim under the Sherman Act; the IDEA Act is reintroduced into Congress to provide authority for the voluntary collection of demographic data from U.S. patent applicants; the EU’s highest court rules that copyright owners can prevent their works from being embedded on third-party websites by employing technological protective measures against framing; and the Federal Circuit affirms a patent examiner’s rejection of Stanford University patent claims covering personalized healthcare methods as unpatentable subject matter under Section 101.

Other Barks & Bites for Friday, March 5: China Leads World in 2020 PCT Filings, Copyright Office Issues Rules on Music Modernization Act, and USIJ Urges President Biden to Pick Patent-Friendly USPTO Director

This week in Other Barks & Bites: USIJ’s letter to President Biden urges him to select a USPTO Director who understands the important role of IP in driving the U.S. economy; the Federal Circuit affirms the dismissal of breach of contract claims against the U.S. Army over its disapproval of requests to use its trademarks; the Supreme Court hears oral arguments in Arthrex regarding the unusual nature of the Patent Trial and Appeal Board; WIPO releases statistics showing that China led the world in international Patent Cooperation Treaty filings for 2020; Delaware’s Supreme Court tosses a $57 million damages award for GSK after finding an implied covenant not to collect royalties for disclaimed patents; the Copyright Office issues supplemental rules regarding certain reporting requirements under the Music Modernization Act; and General Motors and LG Chem are reportedly exploring plans to build a second EV battery factory in the United States.