Posts Tagged: "other barks and bites"

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.

Other Barks & Bites for Friday, May 13: Solicitor General Tells SCOTUS Not to Grant Appeal on Markman Issue, Director Vidal Announces Patent Examiner Training Program and Hawley Introduces Bill to Limit Copyright Term to 56 Years

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;

Other Barks & Bites for Friday, May 6: Bill to Crack Down on Cybercrime Made Law, Second Circuit Dismisses Termination Request for ‘Can’t Help Falling In Love’, Hawley to Introduce Bill Targeting Disney Copyright Extensions

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.

Other Barks & Bites for Friday, April 29: SCOTUS Denies Petition on Substantial Similarity Tests, Google Decries ‘Rising Tide’ of Patent Litigation, and China Concludes First Drug Patent Linkage Cases

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.

Other Barks & Bites for Friday, April 22: Biden Administration Seeks Release of WTO Draft Proposal on TRIPS Waiver, SCOTUS Asks Solicitor General to Brief Section 112 Issues in Amgen, O’Malley Joins Irell & Manella

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.

Other Barks & Bites for Friday, April 15: Australian Appeals Court Rejects DABUS AI Inventorship, Brent Lutes is Copyright Office’s First Chief Economist, and Judge Albright Invalidates Reissue Claims Under Original Patent Doctrine

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.

Other Barks & Bites for Friday, April 8: Hirshfeld Leaving Government Service this Summer, Judge Jackson Confirmed to SCOTUS, Ninth Circuit Says Chrysler’s First Sale Doctrine Defense Deserves Another Look

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.

Other Barks & Bites for Friday, April 1: Sanders and Warren Raise Microsoft-Activision Merger Concerns, PTAB Denies Request for Rehearing on VLSI Patent, and Second Circuit Vacates Denial of Trademark Injunction Over Licensee Estoppel

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.

Other Barks & Bites for Friday, March 25: Tillis Submits IP Questions to SCOTUS Nominee; USPTO Launches PTAB Pro Bono Program; EU Reaches Deal on Digital Markets Act, Chipmaker CEOs Urge Senate Judiciary to Advance CHIPS Act

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.

Other Barks & Bites for Friday, March 18: Tillis and Leahy Introduce Copyright Protection Bill, EUIPO Report Shows Increase in Dangerous Counterfeits, and NSF Announces New Technology and Innovation Directorate

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.

Other Barks & Bites for Friday, March 11: Russian Decree Immunizes Infringement of Patents from ‘Unfriendly’ Countries; USPTO Terminates PPH Program with Rospatent; and Ninth Circuit Affirms Katy Perry’s Copyright Win Over ‘Dark Horse’

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.

Other Barks & Bites for Friday, March 4: Judge Michel Urges SCOTUS to Fix Section 101, CAFC Puts Appellate Bar on Notice of Sanctions for COVID-19 Protocol Violations, and Fifth Circuit Modifies Verdict on Trade Secret Misappropriation

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.

Other Barks & Bites for Friday, February 25: Tillis Urges Becerra to Resist Calls to Use March-In Rights, EGC Says ‘ANDORRA’ Geographical Indication Not Trademark, SCOTUS Invites Solicitor General’s Views in Apple v. Qualcomm

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.

Other Barks & Bites for Friday, February 18: Georgia Supreme Court Affirms Dismissal of Keyword Theft Claims, Eleventh Circuit Reverses Trade Secret Claim Dismissal and EUIPO Reports 200,000 Trademark Applications Filed in 2021

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.

Other Barks & Bites for Friday, February 11: CAFC Denies Rehearing in Skinny Label Case; WIPO Reports 2021 PCT Filing Statistics, Judge Newman Dissents from NARCAN Patent Invalidity Ruling

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.