Posts Tagged: "other barks and bites"

Other Barks & Bites for Friday, August 26: CNIPA Announces 15% Increase in Patent Transfers and Licenses, Ninth Circuit Clarifies Secondary Meaning in Trade Dress, and Sixth Circuit Rejects ‘Derivative Sovereign Immunity’ Defense to Copyright Claims

This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal of a trademark suit against merchandising agents for failure to join Jackson State University, which holds an interest in the underlying mark; font designer Nicky Laatz accuses Zazzle of exploiting the work of custom font designers without compensation; Fox Sports reaches a settlement over trademark claims filed by the entity owning the trademarks to the defunct USFL; China’s IP administration says that 2021 saw a 15 percent increase to the number of patent transfers and licenses within that country; and the Sixth Circuit rules that a defendant cannot claim a derivative sovereign immunity defense for committing copyright infringement in the course of bidding for state contracts.

Other Barks & Bites for Friday, August 19: Eleventh Circuit Holds Party to Willful Blindness Standard in DMCA Case, Seventh Circuit Finds Personal Jurisdiction Over Chinese NBA Counterfeiter, and Fifth Circuit Accepts Jurisdiction Over Walker Process Claims for Patent Fraud

This week in Other Barks & Bites: the Federal Circuit rules that Eagle Pharmaceutical’s ANDA defines a product that does not infringe upon Par Pharmaceutical’s patents covering Vasostrict; an inventor amicus brief in the OpenSky IPR asks USPTO Director Vidal to mandate sanctions for abuse of PTAB process; the Seventh Circuit affirms a default judgment against a Chinese counterfeiter of sports merchandise after finding personal jurisdiction over the defendant; the Fifth Circuit accepts the Federal Circuit’s transfer of Walker Process claims over the fraudulent obtaining of patent claims despite a jurisdictional disagreement; the Eleventh Circuit finds that Day To Day Imports could not appeal the district court’s application of the willful blindness standard to its alleged violation of Section 512; and members of the House Science Committee call upon the Biden Administration to make a robust investment into the DoE’s Office of Science.

Other Barks & Bites for Friday, August 12: Canada to Add Resale Royalties to Copyright Law, Fifth Circuit Affirms Exclusion of Evidence in ‘Call of Duty’ Copyright Suit, and Ninth Circuit Rejects Trademark Appeal in Yoga Pants Case

This week in Other Barks & Bites: the Federal Circuit again finds Minerva estopped from challenging the validity of patent claims after remand by the U.S. Supreme Court; the Ninth Circuit affirms a summary judgment ruling nixing trademark infringement claims against lululemon’s Align yoga pants; government officials in the EU and South Korea claim EV tax credit provisions in the Inflation Reduction Act flout international treaties; the Fifth Circuit affirms the exclusion of improper character evidence in a copyright infringement case involving a video game character from the Call of Duty: Black Ops series; Canadian ministers are drafting amendments to that nation’s copyright laws that would create a right to royalties on resales of works by painters, sculptors and other visual artists; and President Biden signs the CHIPS and Science Act into law.

Other Barks & Bites for Friday, August 5: Win for AbbVie at Seventh Circuit; Eleventh Circuit Affirms Ruling for Monster Energy; and Ninth Circuit Reverses Fair Use Finding in Death Valley Lake Photo Case

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy introduce a bill to improve patent examination and quality, while Tillis’ office also releases a draft bill on Section 101 patent eligibility; the Ninth Circuit reverses a district court’s summary judgment ruling that the unauthorized use of photos of a lake in Death Valley was a fair use; Amazon will acquire robotics firm iRobot for $1.7 billion; the Seventh Circuit nixes antitrust claims against AbbVie after finding nothing improper with the company’s large number of patents covering Humira; the Eleventh Circuit affirms a lower court’s decision to strike an actual damages claim in a trademark case against Monster Energy as a discovery sanction; the bipartisan PLAN for Broadband Act is introduced to develop a cohesive national strategy for broadband infrastructure; and the USITC begins a formal enforcement proceeding against The Chamberlain Group after finding violations of Section 337 for patent infringement.

Other Barks & Bites for Friday, July 29: Congress Passes CHIPS and Science Act, FTC Sues Meta Over Within Unlimited Acquisition, and Senate Commerce Committee Advances OSTP Director Nominee

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.

Other Barks & Bites for Friday, July 22: ACUS Extends Comment Period for Small Claims Patent Court Study, Third Circuit Says AndroGel ANDA Suit Was Not Sham Litigation, and Senate Advances CHIPS+ Act Toward Cloture Vote

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.

Other Barks & Bites for Friday, July 15: Ninth Circuit Says Discovery Rule Survived Petrella, CJEU Rules Against Denmark in ‘Feta’ PDO Case, and WIPO Director Tam Calls on IP Specialists to Provide Jobs Catalyst

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.

Other Barks & Bites for Friday, July 8: CNIPA Publishes Trademark Exhaustion Guidance, SawStop Petition Challenges Double Patenting Doctrine, and European Court Restores ‘BALLON D’OR’ Trademark Rights for Entertainment Services

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.

Other Barks & Bites for Friday, July 1: Tillis and Daines Question Google on Political Email Censorship, Third Circuit Finds No Copyright in Fireworks Communications System, and Eleventh Circuit Clarifies Likelihood of Confusion Test in Reverse Infringement Cases

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.

Other Barks & Bites for Friday, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm

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.

Other Barks & Bites for Friday, June 17: Bills to Reform PTAB and Increase USPTO-FDA Cooperation Introduced, CCB Officially Begins Accepting Copyright Small Claims and SCOTUS Petition Filed in Texas A&M ‘12th Man’ Copyright Case

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.

Other Barks & Bites for Friday, June 10: Leahy and Tillis Request NFT Study, European Court Dismisses Apple’s Appeal of ‘THINK DIFFERENT’ Cancellation, and EUIPO Report Shows Increase in Intentional Counterfeit Purchases

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.

Other Barks & Bites for Friday, June 3: CAFC Finds No Issue with Judicial Correction of Patent Claim, AG Szpunar Says No EU Liability for Amazon from Louboutin Counterfeit Sales, and USPTO Creates Climate Change Mitigation Pilot Program

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.

Other Barks & Bites for Friday, May 27: CAFC Nixes Arthrex Challenge of Director Review Denial; USPTO Issues Interim Process for PTAB Decision Review and Updates Director Review Interim Process; Senate Commerce Committee Advances Blockchain R&D Bill

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.

Other Barks & Bites for Friday, May 20: CAFC Remands No Case or Controversy Determination to Eastern Texas, Ninth Circuit Rules 2018 Farm Act Legalized Delta-8 THC Trademarks, and EU Commission Directs Member States to Codify Copyright Rules

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.