Posts Tagged: "other barks and bites"

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy announce a forthcoming bill to limit petitioner challenges at the PTAB, preventing abuse; the U.S. Chamber of Commerce publishes an open letter to Congress in support of bills limiting the Executive Branch’s ability to authorize a waiver of IP obligations under TRIPS; the Federal Court of Australia overturns a previous decision that had found DABUS AI as a legitimate inventor on patent applications filed in Australia; the Copyright Office announced that the Brattle Group’s Brent Lutes will serve the agency as its first Chief Economist; Elon Musk makes an unsolicited bid to buy Twitter that values the company at nearly $42 billion; the Department of Justice announces that the RaidForums marketplace for hacked databases has been seized; and Judge Albright issues a ruling invalidating reissued patent claims for failing the original patent requirement codified in Section 251(a) of U.S. patent law.

This week in Other Barks & Bites: The U.S. Court of Appeals for the Federal Circuit (CAFC) says Roche infringed on patents it owns but that Meso Scale Diagnostics, LLC claims to have an exclusive license to; Judge Ketanji Brown Jackson is confirmed by the U.S. Senate to the Supreme Court in a 53-47 vote; the Ninth Circuit rules that Fiat Chrysler’s entertainment systems may qualify for defense against Bluetooth trademark claims under first sale doctrine; Drew Hirshfeld announces that he’s leaving government service this summer after serving as Acting Deputy Director during the USPTO’s transition under Director Vidal;and more.

This week in Other Barks & Bites: the National Academy of Public Administration tells Senator Tillis that the agency will conduct a study into the possibility of a stand-alone U.S. IP office; the Fifth Circuit finds that two sales of allegedly infringing products may create minimum contacts with Texas but doesn’t support specific personal jurisdiction over trademark claims; Bernie Sanders, Elizabeth Warren and other Democrat Senators send a letter to the FTC regarding concerns over the Microsoft-Activision merger and how it may obfuscate investigations into wrongdoing at Activision; President Joe Biden is expected to invoke the Defense Production Act to support the domestic EV battery production industry; the Supreme Court grants a petition for writ to review the Second Circuit’s fair use ruling on Andy Warhol’s Prince Series; and more.

This week in Other Barks & Bites: Senator Thom Tillis submits a slew of IP and antitrust questions for Supreme Court nominee, Judge Ketanji Brown Jackson, to answer; CEOs from major chipmaking firms appeal to the Senate Judiciary Committee to advance legislation to provide tax incentives for domestic semiconductor production; the Federal Circuit affirms the PTAB’s Precedential Opinion Panel decision to rein in the Board’s ability to raise patentability issues sua sponte; the CJEU rules that the storage of copyrighted content on cloud servers for private use falls within the private copying exception; the USPTO creates a PTAB Pro Bono Program for ex parte appeals and also extends the COVID-19 Prioritized Examination Program through the end of June; and more.

This week in Other Barks & Bites: the EU and the U.S. agree to draft language of a waiver of reciprocal obligations under the TRIPS Agreement for patented COVID-19 vaccines; the USPTO’s latest report on IP intensive industries show increased contributions to GDP and U.S. employment; NSF Director Panchanathan announces a new Technology, Innovation and Partnerships Directorate to facilitate commercialization of lab research; Judge Leonard Stark is sworn in at the Federal Circuit; Senators Tillis and Leahy introduce new copyright legislation to protect content online the same week that both Senators are recognized by the MPA for their contributions to the film, TV and streaming industry; and more.

This week in Other Barks & Bites: the Russian government issues a decree telling domestic entities that they will be immune from monetary damages if they infringe patents filed by entities from “unfriendly” countries; the Defending American Courts Act is introduced into the Senate to prevent anti-suit injunctions in other countries from affecting U.S. court proceedings; WIPO report shows that the United States and China are the leading countries of origin for COVID-19 vaccine and treatment patent applications; the USPTO terminates relations with patent offices in Russia and Belarus while China’s IP agency extends its relationship with the Eurasian Patent Organization; antitrust regulators in the UK and the EU open an investigation into the 2018 “Jedi Blue” online ad deal between Google and Facebook; the Ninth Circuit finds that certain ostinatos used in Katy Perry’s “Dark Horse” do not rise to the level of copyrightable expression; and an EUIPO report finds that nearly 6% of goods entering the EU in 2019 were pirated or counterfeit.

This week in Other Barks & Bites: the Senate Judiciary advances the controversial nomination of Gigi Sohn to serve on the FCC; the Fifth Circuit nixes “license-to-all” arguments in an antitrust case brought against an SEP owner refusing to license a components supplier; the Fifth Circuit also modified a district court judgment on trade secret misappropriation to avoid double recovery; the Federal Circuit issues a decision putting the appellate bar on notice that violations of its revised in-person argument protocols will lead to sanctions; Judge Michel and Intertrust both urge the Supreme Court to take up an appeal that would help the Court rein in the Federal Circuit’s expansive application of Alice/Mayo; Sony and Honda sign a memorandum of understanding to collaborate on electric vehicle development; an a copyright case brought by photographers against Instagram for its embedded photo tools is being appealed to the Ninth Circuit.

This week in Other Barks & Bites: Senator Tillis tells Becerra not to fall for march-in rights petitions; the U.S. Supreme Court asks the Solicitor General to brief the court on the views of the U.S. federal government regarding the Article III standing issues in Apple v. Qualcomm; Sen. Grassley asks DHS Secretary Mayorkas to dispel concerns that the OPT STEM program is expanding beyond its original mission of aiding the U.S. high tech workforce; the United States remains top ranked in the Global IP Index despite ongoing issues regarding the certainty of patent validity under current U.S. law; the Supreme Court sides with Unicolors in ruling that its innocent mistake of law in filing a copyright registration does not require the district court to inquire about the registration’s validity with the Register of Copyrights; and more.

This week in Other Barks & Bites: the Fifth Circuit affirmed Texas A&M’s sovereign immunity win over “12th Man” copyright claims; the EUIPO reported that 2021 ended with more than 200,000 EU trademark applications filed at the agency; DoorDash reported that it received a record number of consumer delivery orders during the fourth quarter of 2021; the Eleventh Circuit reversed a district court’s dismissal of trade secret claims after finding that it improperly applied Alabama state law instead of Missouri trade secret law; the Georgia Supreme Court affirmed a ruling dismissing personal property theft claims by Edible Arrangements after finding that the trademark owner failed to allege consumer confusion; and Judge Gilstrap scheduled a jury trial in the 5G mobile network patent infringement suit between Ericsson and Apple for June 2023.

This week in Other Barks & Bites: the The Federal Circuit denies rehearing in Teva’s case with GlaxoSmithKline’s regarding Teva’s induced infringement of a GSK patent directed to a method of treating Congestive Heart Failure; the Eleventh Circuit affirms that press release statements regarding patent licensing and other business activities by Revolutionary Concepts included false statements violating federal securities law; the World Intellectual Property Organization reports that nearly 55% of international patent application filings during 2021 were submitted by Asian entities; Judge Newman authors a dissent arguing flaws in a Federal Circuit panel majority’s decision to affirm the invalidity of patents covering the opioid overdose treatment NARCAN; Disney’s quarterly earnings show strong results in both streaming subscribers as well as theme park attendance; White House OSTP Director Eric Lander resigns following an investigation into bullying allegations; and a federal indictment surrounding the theft of walkie talkie trade secrets from Motorola Solutions was unsealed in Northern Illinois federal district court.

This week in Other Barks & Bites: The Patent Trial and Appeal Board hears oral arguments in the famed CRISPR gene editing case; today marks the deadline for all comments on the 2021  version of the Joint DOJ-USPTO-NIST Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments; Judge Newman dissents from a Federal Circuit majority opinion finding clear error in a district court’s ruling on a patent settlement agreement; in a separate case, the Federal Circuit also dismissed an argument from Myco that injunctive relief against infringement upset the “status quo”; BlackBerry sells its legacy patent assets to a special purpose vehicle formed to purchase those assets for $600 million; and more.

This week in Other Barks & Bites: Senator Thom Tillis (R-NC) sent a letter yesterday to the Administrative Conference of the United States requesting it perform a study on the benefits of creating a unified, independent Intellectual Property Office; the Federal Circuit reversed an indefiniteness ruling invalidating computer-implemented method claims over a dissent from Judge Dyk; news reports indicate that Associate Justice Stephen Breyer will step down from the U.S. Supreme Court once the Court’s current term finishes; and more.

This week in Other Barks & Bites: Qualcomm files its brief in opposition to Apple’s petition for writ of certiorari asking the Supreme Court to overturn the Federal Circuit’s ruling on Article III licensee standing; Big Tech CEOs reportedly ramp up their efforts against antitrust bills in the Senate; the DOJ levies charges involving the transfer of technology to the Central Bank of Iran; the U.S. Copyright Office issues a strategic plan for 2022 through 2026; Heat On-The-Fly files a petition for writ asking the Supreme Court to clarify the Octane Fitness standard for determining exceptionality of an infringement suit; and more.

This week in Other Barks & Bites: Nominees Kathi Vidal and Judge Leonard Stark clear the Senate Judiciary Committee; PTAB Precedential Opinion Panel says Fedwire confirmation constitutes payment for purpose of inter partes review (IPR) filing date; IFI CLAIMS reports show that IBM leads U.S. patent grants and Samsung leads global patent ownership; the Fifth Circuit affirms a bankruptcy court’s approval of the sale of a cargo vessel incorporating patented technology; the Supreme Court denies certiorari to Warsaw Orthopedic’s appeal of a ruling that it breached an agreement to pay patent royalties; Alan Davidson is confirmed as head of the NTIA to direct $48.2 billion broadband infrastructure investment; a coalition of 28 property rights groups oppose the recent draft policy statement on negotiation FRAND licensing terms for SEPs; and more.

This week in Other Barks & Bites: China unveils its goals for improving IP rights during the country’s 14th Five-Year Plan, even as the country’s copyright administration announces a ban on most exclusive music licensing deals; the Federal Circuit affirms the validity of Novartis patent claims over Chief Judge Moore’s dissent over the majority’s treatment of the written description requirement; the U.S. International Trade Commission (ITC) rules that Google audio players infringe upon Sonos patents and enters a limited exclusion order against their importation; Senator Tillis announces his intention to vote in favor of confirming Kathi Vidal as USPTO Director; hedge funds shed tech stocks at the highest rate in more than 10 years; Allele settles its patent infringement suit against Pfizer and BioNTech over their development of a COVID-19 vaccine; and French data protection regulators announce fines against American tech firms over their use of tracking cookies, including a record fine against Google.