Posts Tagged: "other barks and bites"

This week in Other Barks & Bites: USPTO Director Vidal announces Federal Register notice on duty of disclosure requirements as Senate Judiciary advances a bill to create a USPTO-FDA interagency task force on drug patents; Senator Thom Tillis tells IAM that he will introduce patent eligibility legislation soon; the Federal Circuit affirms an attorneys’ fees award for forum shopping of patent infringement claims to avoid an adverse Section 101 ruling; both houses of Congress pass major semiconductor production legislation in the CHIPS and Science Act; the Sixth Circuit affirms the dismissal of trade secret claims related to a patent application filed covering a hydraulic actuator invention; Big Tech giants Apple and Amazon.com both post beats on quarterly earnings reports; the Federal Trade Commission files a lawsuit against Meta Platforms to prevent that company’s acquisition of VR firm Within Unlimited; the District of Delaware enters a ruling invalidating Xifaxan patent claims, sending Bausch Health stock down by about 50%; and the Senate Commerce Committee votes to advance the nomination of Dr. Arati Prabhakar to serve as the Director of the White House’s Office of Science and Technology Policy.

This week in Other Barks & Bites: the Senate approves a motion to advance a beefed-up version of the Creating Helpful Incentives to Produce Semiconductors Act; the Tenth Circuit affirms a $2.35 million judgment in a case involving trade secret and false association claims in the bovine serum industry; Senator Roger Wicker (R-MS) questions the business ties between President Biden’s nominee for OSTP Director and former Google CEO Eric Schmidt; the Copyright Office liberalizes the requirements for filing deposit copies to register single issues of serial publications; the Administrative Conference of the United States extends the public comment period on the agency’s small claims patent court study; the Third Circuit rules that Hatch-Waxman litigation filed by AbbVie and Abbott cannot support antitrust claims by generic drugmaker Perrigo; and Amazon.com makes a major push into virtual healthcare with a $3.9 billion acquisition of One Medical.

This week in Other Barks & Bites: the Ninth Circuit holds that public policy arguments cannot overturn claims to monetary damages stemming from a French copyright proceeding; the Ninth Circuit also affirmed that the discovery rule still applies to copyright claims despite the application of laches to the Copyright Act’s statute of limitations in Petrella v. Metro-Goldwyn-Mayer; Judge Newman dissents from the Federal Circuit’s ruling that an error in asserted prior art is merely typographical and would have been overlooked by a person of ordinary skill in the art; WIPO Director Tam calls on attendees of the WIPO Assemblies to use IP as a “powerful catalyst for jobs”; TSMC posts record quarterly net income as the company provides optimistic guidance on supply chain issues in the chip market; and the CJEU rules that “Feta”-branded cheese sold by Danish cheese makers violates EU law on protected designations of origin even when that cheese is sold outside of the EU.

This week in Other Barks & Bites: the European General Court reverses part of a ruling by the European Union Intellectual Property Office, restoring some trademark rights for the “BALLON D’OR” mark; Senator Chuck Grassley urges the U.S. Department of Justice to enforce against counterfeit drug sellers; the European Patent Office publishes its decision rejecting patent applications filed for an artificial intelligence inventor; the Eleventh Circuit rules that a successful defense against infringement claims does not lead to costs recovery under Rule 54; SawStop files a petition for writ of certiorari with the U.S. Supreme Court to challenge the judicially-created doctrine of obviousness-type double patenting; Volkswagen breaks ground on its first of six planned factory construction projects in Europe that will produce electric vehicle batteries; and China’s National Intellectual Property Administration publishes the results of an administrative ruling to serve as guidance on the nation’s trademark exhaustion doctrine.

This week in Other Barks & Bites: the Eleventh Circuit overturns a summary judgment ruling against Wreal while clarifying the application of the likelihood of confusion factors in reverse infringement cases; the Supreme Court denies the petition for writ of certiorari in American Axle v. Neapco; the European Union creates its first regulatory framework for cryptocurrencies and digital assets; Senators Thom Tillis and Steve Daines ask Google CEO Sundar Pichai about the potential that spam filters are censoring political emails; the U.S. Patent and Trademark Office (USPTO) will begin mandating identity verification for parties filing certain kinds of electronic trademark forms with the agency with the goal of stopping Trademark Terminal and other well-known trademark scams; INTA asks the Second Circuit to clarify the definition of “expressive works” for applications of the Rogers test; the Third Circuit overturns a preliminary injunction after finding no valid copyright ownership over a fireworks communications protocol; and the FCC approves SpaceX’s application to offer commercial Internet services to boats, airplanes and automobiles through its Starlink satellite Internet system.

This week in Other Barks & Bites: the Federal Circuit vacates Eastern Virginia’s denial of a motion for recusal, nixing a $2.75 billion verdict for Centripetal Networks; interim USPTO Director Drew Hirshfeld joins Schwegman Lundberg & Woessner as Principal following end of nearly three-decade career at USPTO; the Senate and House of Representatives both host hearings focused on the negative impacts of the Patent Trial and Appeal Board on small businesses as well as potential reforms; Senator Tillis blasts the U.S. Food and Drug Administration for failing to engage with requests for a drug patent study; the U.S. Department of Justice announces a settlement with Facebook owner Meta Platforms over allegations of biased advertising algorithms; U.S. Patent and Trademark Office Director Kathi Vidal issues a memo clarifying that Fintiv denials are limited to petitions with parallel U.S. district court proceedings; and French authorities approve a payment framework proposed by Internet giant Google for responding to notices from news publishers regarding violations of the EU’s Copyright Directive.

This week in Other Barks & Bites: the U.S. Supreme Court receives petitions for writ of certiorari regarding the Takings Clause and state sovereign immunity issues in the Texas A&M “12th Man” copyright case and the Federal Circuit’s recent indefiniteness ruling invaliding patent claims supporting a $1.2 billion patent infringement verdict for June Therapeutics; Lego announces that it is investing more than $1 billion to build a manufacturing facility in Virginia; the PTAB Reform Act is introduced into the U.S. Senate; the EGC rescinds a €1 billion fine imposed by EU regulators against Qualcomm for alleged abuses of market dominance in LTE chipsets; a former professor at the University of Arkansas receives a prison sentence for failing to disclose two dozen patent application filings in China; and the CCB officially begins accepting claims for copyright infringement and declarations of non-infringement in cases involving copyright small claims.

This week in Other Barks & Bites: USPTO Director Kathi Vidal issues guidance clarifying the use of applicant admitted prior art in IPR proceedings at the PTAB; the EUIPO issues an IP Youth Scorecard showing that young people in the EU have significantly increased their intentional purchase of counterfeit products; the Seventh Circuit affirms a denial of a motion to compel arbitration in a copyright and trade secret case involving insurance software; the Ninth Circuit dismisses an appeal asking the appellate court to overturn or modify the Rogers test; Senators Patrick Leahy and Thom Tillis ask the USPTO and the Copyright Office to conduct a joint study on the impact of NFTs on IP rights; Disney’s senior TV content chief is fired due to a poor fit with Disney’s culture, according to sources; the USPTO, DoJ and NIST withdraw from all joint  policy statements on SEPs; and the EU General Court dismisses appeals filed by Apple challenging the EUIPO’s cancellation of its “THINK DIFFERENT” trademark.

This week in Other Barks & Bites: Tesla CEO Elon Musk cites worsening U.S. economy in an internal email telling executives that the company’s workforce should be reduced by 10%; Ford Motor Company signs a patent licensing agreement with Avanci after an adverse patent ruling in Munich; the Federal Circuit affirms a jury verdict of willful infringement after dismissing an appeal challenging the district court’s judicial correction of a claim term; the U.S. Patent and Trademark Office announces that it has established a pilot program to prioritize examination of climate change patent applications; the Ninth Circuit remands a trademark cancellation claim to the district court after finding an improper application of Star-Kist’s precedent on standing; and Advocate General Szpunar tells the Court of Justice of the European Union that Amazon has not made a use of Louboutin trademarks under the meaning of EU law by listing offers for sale by third-parties offering counterfeit Louboutin footwear.

This week in Other Barks & Bites: The U.S. Court of Appeals for the Federal Circuit rejects Arthrex, Inc.’s arguments that denial of Director Review by the Commissioner for Patents violates the Appointments Clause of the U.S. Constitution; the USPTO updates the interim Director Review process and issues interim processes for PTAB decision circulation and internal review; Judge Alsup denies a request by Sonos seeking more information on a law clerk who used to work for Google; Broadcom agrees to buy enterprise software firm VMware for $61 billion; Twitter agrees to pay a $150 million civil penalty to settle allegations that it violated an FTC order on consumer data privacy; the U.S. Solicitor General tells SCOTUS that American Axle’s Section 101 invalidation was improper, but that Apple’s appeal of Article III standing issues against Qualcomm should be denied; and more.

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright case against Kim Dotcom over reported ties to Disney; the Federal Circuit remands a dismissal of a suit seeking declaratory judgment of noninfringement for a finer analysis of the case or controversy presented; the Ninth Circuit rules that the 2018 Farm Act’s changes to the Controlled Substances Act legalized delta-8 THC products such that trademarks for those products are valid; and members of the Senate Antitrust Subcommittee introduce a bill designed to prevent Google and other Big Tech firms from operating at multiple steps along the digital advertising business.

This week in Other Barks & Bites: Senator Josh Hawley introduces a bill that would retroactively limit copyright terms to a single 28-year term with the possibility of one 28-year extension; the Federal Circuit reverses a Northern California summary judgment ruling of noninfringement after finding that the district court improperly defined the claim term “buffer”; SoftBank’s Vision Fund posts a $20 billion loss for the 2021 fiscal year; Senators Thom Tillis and Patrick Leahy introduce a bill to create music-related cultural exchange programs to improve international relations; USPTO Director Kathi Vidal announces developments on a patent examiner training program and plans to issue a request for comments for the Director review process under Arthrex;

This week in Other Barks & Bites: the bipartisan Better Cybercrime Metrics Act was signed into law; the Department of Justice announced $105 million in civil penalties in the first action taken under the Federal Trade Commission’s “Made in USA” branding rules; Senator Josh Hawley tweeted his plans to introduce a bill limiting Disney’s ability to extend copyright covering Mickey Mouse and other entertainment properties; the Second Circuit affirmed a district court’s dismissal of a copyright termination action filed by the heirs of one of the co-writers of the Elvis Presley hit “Can’t Help Falling In Love”; CNBC reported that Elon Musk plans to serve as a temporary CEO of Twitter after his takeover is complete; Senators Roger Wicker and Cynthia Lummis introduced a bill to create federal R&D strategies for distributed ledger technologies; the EPO published a guide to obtaining a Unitary Patent after the corresponding EU patent has been granted by the EPO; and ACUS issued a request for public comments regarding its study for a small claims patent court.

This week in Other Barks & Bites: Google’s General Counsel authors a blog post calling for reforms to the U.S. patent system; Smartflash files a lawsuit against the USPTO to compel the agency’s compliance with FOIA; the CJEU turns down a challenge from the government of Poland to Article 17 of the EU Copyright Directive; Apple issues its quarterly earnings report showing that the consumer tech giant earned a record $97.3 billion in revenues; the U.S. Supreme Court denies a petition for writ asking the nation’s highest court to solve a circuit split on the substantial similarity test under copyright law; China’s IP administration announces that the first round of lawsuits under China’s drug patent linkage law have concluded; and more.

This week in Other Barks & Bites: the USPTO updates its website to improve transparency surrounding the process for requests of Director review of PTAB decisions under Arthrex; former Federal Circuit Judge Kathleen O’Malley joins Irell & Manella as of counsel with a practice focusing on litigation consulting; the Ninth Circuit affirms the dismissal of trademark and right of publicity claims filed by Chuck Yeager against sales and promotional material developed by Airbus; the Ninth Circuit also affirmed an injunction preventing LinkedIn from using technical measures to prevent a people analytics firm from scraping publicly available data; Netflix stock drops by 35% this week after it reported its first net subscriber loss in more than a decade; statements from the Biden Administration to HuffPost indicate efforts to get the WTO to release its draft text of the proposed TRIPS waiver; and the U.S. Supreme Court invites the U.S. Solicitor General to file a brief on the Section 112 enablement issues involved in Amgen v. Sanofi.