Posts Tagged: "other barks and bites"

This week in Other Barks & Bites: the USPTO issues a report on the impacts of non-market forces encouraging larger numbers of bad-faith patent and trademark applications from China; IBM tops the list of U.S. patent recipients for the 28th-straight year; Judge Gilstrap issues a “late” stay in a patent case after the USPTO grants ex parte reexamination requests from Cisco; the Copyright Office issues a final rule on digital music providers obligations on royalty reporting to qualify for limited liability under the Music Modernization Act; China’s IP administration reports that copyright industries contribute more than 7% of the nation’s GDP; Judge O’Grady denies post-trial motions filed by Cox Communications, affirming a $1 billion verdict against the cable provider for copyright infringement; and TSMC announces plans to invest up to $28 billion in capital expenditures during 2021 to improve its advanced chipmaking capabilities.

This week in Other Barks & Bites: the Federal Circuit enters a noninfringement ruling for uCloudlink after reversing the district court on claim construction and moots ABS’ appeal of IPR proceedings for which it petitioned, over a dissent from Chief Judge Prost; the USPTO announces its first National Council for Expanding American Innovation meeting; the U.S. Copyright Office issues an interim rule on categories of information and other usage issues regarding the MMA’s public musical works database; a Chinese court rules that Amazon cannot use its AWS logo to advertise cloud services in China; amicus filings in U.S. v. Arthrex note due process issues and other concerns at the Patent Trial and Appeal Board (PTAB); Acacia Communications tries to nix its acquisition agreement with Cisco after Chinese antitrust regulators delay approval; and Ericsson challenges Samsung with a Section 337 complaint at the ITC over the sale of electronic devices with wireless connectivity.

This week in Other Barks & Bites: China’s IP administration issues a first batch of guiding administrative cases for IP enforcement; the EU’s highest court finds that EU law prohibits copying the shape of protected designations of origin products when that copying misleads consumers; the Ninth Circuit affirms the dismissal of racketeering charges filed against Google over that company’s appropriation of an inventor’s architecture software platform; WIPO’s annual IP indicators report shows that global patent application filings are down owing in large part to fewer filings from Chinese residents; the USPTO delays its trademark fee adjustment for international applications under the Madrid Protocol until late February; and a German court rules that YouTube does not have to give identifying information of individuals allegedly uploading copyright-protected content to its video platform.

This week in Other Barks & Bites: the FTC files an antitrust suit against Facebook in U.S. district court over monopolistic business acquisitions and anticompetitive conditions on software developers; the EPO releases a report on Fourth Industrial Revolution (4IR) technology trends; the CJEU nixes a 2016 licensing agreement between Paramount and EU regulators because of its impact on contractual rights of third party licensees; the USPTO publishes a final rule eliminating a presumption in favor of IPR petitioners when a genuine issue of material fact is created by patent owner testimony; Senator Tillis proposes a legislative draft creating prison sentences for illegal streaming that is expected to be passed in next week’s omnibus spending bill; shares of Ericsson stock drop after the company files a U.S. patent suit against Samsung; the Federal Circuit finds abuse of discretion in a lower court’s refusal to transfer disputed Japanese patents to their rightful inventor; and the CNIPA issues administrative penalties against a regional trademark agency in China that forged documents to solicit business.

This week in Other Barks & Bites: the Federal Circuit affirms the PTAB’s finding that a prior art reference was publicly available before the filing date of a patent deemed obvious in light of that prior art; the Next Generation Entrepreneurship Corps Act is introduced into Congress to create a competitive fellowship program for U.S. entrepreneurs; the USPTO and India’s IP department sign a memorandum of understanding on collaborative examination and protection activities; the Federal Trade Commission’s Hatch-Waxman patent settlement report finds a low number of anticompetitive settlement agreements; Germany’s legislature approves a draft ratification bill for the Unified Patent Court; Amazon expands its IP Accelerator program for small- and medium-sized businesses throughout Europe; Chinese patent filing statistics show that Baidu owns the most AI patents of any Chinese company; and Hewlett Packard Enterprise announces plans to relocate its global headquarters from San Jose to Spring, Texas, near Houston.

This week in Other Barks & Bites: the USPTO issues a final rule on trademark fee adjustments at the agency and also extends the public comment period for soliciting input on the agency’s exercise of discretion in institution trials at the PTAB; the UKIPO issues updates to post-Brexit rules narrowing acceptable Addresses for Service on agency filings; the Federal Circuit affirms a $90 million infringement verdict against GlaxoSmithKline’s sale of Ellipta inhalers, and rules that the Supreme Court’s decision in Thryv renders non-appealable the PTAB’s determination of a challenged patent’s eligibility for covered business method (CBM) review; GM announces a $7 billion increase to the company’s now-$27 billion plan to invest in electric vehicle and autonomous vehicle development; the ITC rescinds limited exclusion and cease and desist orders entered in a Section 337 proceeding brought by Rovi against Comcast; and the Second Circuit revives trademark infringement claims after finding bad faith in defendant’s employee emails regarding the development of a car air freshener designed to create consumer confusion.

This week in Other Barks & Bites: the Federal Circuit reverses a lower court’s erroneous application of the first-to-file rule in denying a motion to transfer venue in a patent case, and also finds standing for parties bringing a statutory cause of action for trademark cancellation proceedings; the USPTO issues trademark examiner guidance following the Supreme Court’s ruling in USPTO v. Booking.com as well as a benchmark study showing a 100% increase in AI patent applications between 2002 and 2018; registration for short online literary works is now available through the Copyright Office’s electronic registration system; the Ninth Circuit denies the Federal Trade Commission’s petition for en banc rehearing in its antitrust case against Qualcomm; Moderna reports $1.1 billion in customer deposits for its yet-to-be-approved COVID-19 vaccine; the Department of Justice announces $60 million in criminal trade secret fines to United Microelectronics Company; and Eko seeks a temporary restraining order to freeze Quibi’s assets related to IP infringement claims totaling nearly $100 million.

This week in Other Barks & Bites: during a meeting to vote on the nomination of Amy Coney Barrett to the U.S. Supreme Court and other judicial nominees, the Senate Judiciary Committee also approved a motion to authorize subpoenas against Twitter and Facebook relating to online content moderation; the Standing Committee of China’s national legislature approved revisions to the country’s patent law that would increase punitive damages for willful infringement; the Eleventh Circuit reverses grants of summary judgment in a trade dress case between Gorilla Glue and J-B Weld; MasterObjects tells the PTAB that Facebook is a real party in interest in Unified Patents IPR; the DOJ and 10 state AGs file antitrust charges against Google’s monopoly in Internet search; the ITC institutes an investigation into OLED devices sold by Apple and Samsung; the USPTO issues a request for comments regarding whether to engage in rulemaking to codify the discretionary denial framework for IPRs at the PTAB; Gilead’s Veklury remdesivir product becomes the first FDA-approved treatment for COVID-19; and Honeywell and Microsoft announce a new partnership to develop industrial workplace cloud platforms.

This week in Other Barks & Bites: the Copyright Office issues a notice of proposed rulemaking on 17 proposed classes of use to be included in the eighth triennial round of exemptions to Section 1201 of the DMCA; the Federal Circuit partially reverses a Patent Trial and Appeal Board (PTAB) decision for erroneous claim construction and affirms a district court decision to abstain from a patent case due to a related state court proceeding; China’s national legislature considers long-term enforcement mechanisms for patent rights in a draft amendment to the country’s patent law; the District Court of the Hague finds AstraZeneca liable for extra costs incurred by health insurance providers over the wrongful enforcement of invalid patents; Canada’s Federal Court of Appeals says that Waldorf-Astoria mark for “hotel services” isn’t invalid for lack of a brick-and-mortar hotel in the country; and Boeing shares pop after positive signs from a key EU aviation regulatory director about the 737 MAX returning to European airspace by the end of 2020. 

This week in Other Barks & Bites: the USPTO issues a final rule to facilitate its role as a receiving office for international patent applications in the ePCT system; the Third Circuit overturns a disgorgement award to the Federal Trade Commission (FTC) after ruling that Section 13(b) of the FTC Act provides no such remedy; the Ninth Circuit decides an issue of first impression, requiring the showing of likelihood of confusion to establish trademark counterfeit claims; Sonos files a new lawsuit in its growing patent skirmish with Google over wireless speaker technologies; CBS Corp. files an opposition brief at the Supreme Court arguing that Personal Audio has waived collateral estoppel and constitutional arguments related to PTAB proceedings; and Daren Tang officially assumes his duties as Director General of WIPO.

This week in Other Barks & Bites: Arthrex files a reply in its Supreme Court case regarding the constitutionality of PTAB appointments, while another SCOTUS petition was filed to appeal the Ninth Circuit’s ruling in the “Stairway to Heaven” copyright case; the Federal Circuit affirms an examiner’s obviousness rejection of monotype printing patent claims and also upholds sanctions against a pair of doctors for procedural issues stemming from more than 300 patent complaints filed in district court; the D.C. Circuit remands part of a royalty rate setting proceeding on streaming music distribution to the Copyright Royalty Board; a jury verdict in Eastern Texas awards $506 million to PanOptis for Apple’s willful infringement of patent claims; the TTAB sustains an opposition against “gruyere” for genericness; and the Federal Reserve announces that it has undertaken several initiatives related to central bank digital currencies.

This week in Other Barks & Bites: the Federal Circuit denies petitions for en banc rehearing in a pair of patent cases regarding Section 101 eligibility and holds that the essentiality of patent claims to a standard is a question of fact for the jury; a letter signed by 34 state attorneys general asks U.S. federal health agencies to exercise march-in rights under Bayh-Dole on Gilead’s remdesivir; the USPTO issues final rules for agency fee adjustments, including a $3,500 increase to IPR petitions; the release of Reels on Instagram helps Mark Zuckerberg become the world’s third-richest person; the Western Washington district court denies an interlocutory appeal on a theory of copyright infringement for Amazon “making available” copyrighted sound recordings; former Google engineer Anthony Levandowski is sentenced to 18 months in prison for trade secret theft; and a Chinese patent owner files a patent suit against Apple’s Siri voice assistant feature seeking $1.43 billion USD in damages.

This week in Other Barks & Bites: the Federal Circuit extends Arthrex to ex parte appeals and vacates part of a denial of a motion to seal filed by Uniloc related to third-party licensee information; the CJEU says that copyright owners can only request postal addresses of people posting infringing content online, and that government committees are subject to personal data access provisions of the EU General Data Protection Regulation; the CNIPA releases statistics showing that, despite a slowdown during COVID-19, Chinese patent application filings during 2020’s first half have increased by about 5% relative to the same period last year; the USPTO extends its pilot program for faster processing of patent applications related to cancer immunotherapies; Intel fails to axe Qualcomm patent claims in a trio of IPRs decided by the PTAB this week; and Gartner reports that global PC shipments are up by about 2.8% thanks to increased mobile demand.This week in Other Barks & Bites: the Federal Circuit extends Arthrex to ex parte appeals and vacates part of a denial of a motion to seal filed by Uniloc related to third-party licensee information; the CJEU says that copyright owners can only request postal addresses of people posting infringing content online, and that government committees are subject to personal data access provisions of the EU General Data Protection Regulation; the CNIPA releases statistics showing that, despite a slowdown during COVID-19, Chinese patent application filings during 2020’s first half have increased by about 5% relative to the same period last year; the USPTO extends its pilot program for faster processing of patent applications related to cancer immunotherapies; Intel fails to axe Qualcomm patent claims in a trio of IPRs decided by the PTAB this week; and Gartner reports that global PC shipments are up by about 2.8% thanks to increased mobile demand.

This week in Other Barks & Bites: the House of Representatives approves a bill by voice vote which would enable the sale of acceleration certificates for patent applications in the Patents for Humanity Program; the Supreme Court denies cert to a trio of petitions challenging the Patent Trial and Appeal Board as unconstitutional under the Fifth Amendment’s Takings Clause; the Copyright Office begins accepting petitions for temporary exemptions to Section 1201 of the DMCA; the CAFC issues three new precedential decisions; the Ninth Circuit reverses the dismissal of copyright claims over The Shape of Water and also reverses a lower court for an erroneous jury instruction modeled after the Ninth Circuit’s own model instructions on functionality in trademark law; Gilead’s remdesivir is endorsed as the first antiviral treatment for use against COVID-19 in Europe; and the USPTO requests comments from past participants in its GIPA Training Programs.

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.