Posts Tagged: "other barks and bites"

This week in Other Barks & Bites: IPWatchdog LIVE brought together thought leaders from the IP industry and major keynote speakers, including Judge Albright, Qualcomm’s Mark Snyder and Former Assistant AG for Antitrust Makan Delrahim; a report from the Federal Trade Commission finds dozens of Big Tech acquisitions during the 2010s were not reported under the Hart-Scott-Rodino (HSR) Act; the Second Circuit confirms that plaintiffs hold the burden of persuasion to prove likelihood of confusion in trademark cases involving refurbished goods; Judge Hughes dissents from the Federal Circuit’s remand of a jury’s damages award to Omega Patents, finding sufficient evidence to support a $5 per device product rate; Walmart will partner with Ford and Argo AI to rollout autonomous delivery in three U.S. cities; Monica Bhattacharya of the International Trade Commission’s Office of Unfair Import Investigations is appointed to serve as an administrative law judge at the agency; and the U.S. Patent and Trademark Office extends its pilot program for motions to amend during Patent Trial and Appeal Board proceedings.

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy ask the USPTO’s Drew Hirshfeld what the agency will do to enforce patent disclosure requirements at other federal agencies on patent applicants; the Fifth Circuit affirms sovereign immunity for Texas A&M’s athletic department but nixes a qualified immunity defense for a media relations director involved in unauthorized online republication of a copyrighted book excerpt; Judge Lucy Koh is nominated by President Biden to serve on the Ninth Circuit; the European Court of Justice rules that the protected designation of origin covering French champagne may be enforced against a Spanish tapas bar operator using champagne in its name and logo if the use causes consumer confusion; the Ninth Circuit reiterates that de minimis copying is not a defense to copyright infringement; increased scrutiny by Chinese regulators over restrictions to child online gaming sends shares of Tencent and NetEase down; and HHS Secretary Becerra outlines a proposal to reduce drug prices that includes plans to have the FDA and USPTO collaborate on efforts to eliminate drug companies’ ability to artificially extend market exclusivity after patent expiry.

This week on Other Barks & Bites: the Fifth Circuit Court of Appeals affirms a district court’s ruling that Ericsson did not breach its FRAND obligations in its mobile SEP licensing practices; the EU’s highest court rules that “zero tariff” programs by telecom providers violate EU regulations on open Internet standards; the Federal Circuit affirms an inequitable conduct ruling against Belcher Pharmceuticals’ patent prosecution practices, and rejected an Appointments Clause challenge to the process of appointing administrative trademark judges to the TTAB; GM announces that most of its North American production plants will close due to the global chip shortage; the USPTO extends the deadline for public comments on the agency’s patent eligibility jurisprudence study; the USPTO and the Copyright Office issue their reports to Congress on state sovereign immunity in the context of copyright infringement; and WhatsApp is fined nearly $270 million USD by Irish regulators over its data sharing practices.

This week in Other Barks & Bites: a series of Big Tech CEOs meet with White House officials to coordinate efforts on U.S. cybersecurity initiatives and training programs; the Federal Circuit issues decisions affirming Section 101 invalidations of secure mobile transaction claims asserted against Apple, and overturning a $1.2 billion jury verdict for Juno Therapeutics after ruling that asserted patent claims failed the Section 112 written description requirement; the Tenth Circuit decides an issue of first impression and sides with the First Circuit in interpreting the extraterritorial reach of infringement claims under the Lanham Act; Judge Koeltl orders additional briefing on impact of Warhol Foundation’s fair use ruling in copyright case against former President Donald Trump; the Ninth Circuit rules that California law does not grant music copyright owners a right of public performance that would require digital and satellite radio providers to pay royalties for pre-1972 sound recordings; and Judge Koh rejects VoIP-Pal’s motion to dismiss a declaratory judgment action filed by AT&T despite a covenant not to sue on the patent AT&T seeks to invalidate.

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke Stewart in performing duties of Deputy Director; Chinese tech firm Tencent says its online subscriptions won’t be harmed by a recent copyright edict against its exclusive music license agreements; the Eighth Circuit rules that Section 120(a) does not provide a defense against copyright claims stemming from floorplans depicting a work protected by an architectural copyright; 1-800 Contacts files a trademark suit over Warby Parker’s infringing use of Google Ads; an administrative law judge at the International Trade Commission rules that Google infringed on a series of patents owned by Sonos; the Federal Trade Commisison (FTC) files a new antitrust lawsuit against Facebook; and news reports indicate that Amazon.com is planning to introduce department store locations in Ohio and California.

This week in Other Barks & Bites: members of the Senate Antitrust Subcommittee, including Chair Amy Klobuchar (D-MN), introduce the Open App Markets Act into Congress; the Federal Circuit vacates an erroneous claim construction ruling by the PTAB and invalidates PersonalWeb patent claims asserted against Google under Section 101; the Seventh Circuit finds that trade secrets involving spinal implant systems were not disclosed in patents obtained by Life Spine; the Biden Administration nominates Chris Wilson to serve as Chief Innovation and IP Negotiator; Foxconn announces that it will construct electric vehicle factories in Thailand and the U.S. by 2022; B.E. Tech and inventor Martin David Hoyle file a Bivens action suit alleging due process violations committed by former USPTO officials, including former USPTO Director Michelle Lee; and a U.S. magistrate judge recommends that copyright claims filed against Canadian rock band Nickelback should proceed toward trial.

This week in Other Barks & Bites: the Federal Circuit issues several precedential decisions, including one reinstating a jury verdict’s finding that Teva induced infringement of a reissue patent by its labeling on a Coreg generic; Senators introduce the Better Cybercrime Metrics Act; the Fourth Circuit reverses a class certification in antitrust litigation over an allegedly unlawful reverse payment delaying the entry of generic Zetia; the USPTO denies the first two requests for Director rehearing filed through the interim process for handling such reviews under the Supreme Court’s Arthrex decision; Huawei earnings for the first half of 2021 show that Trump-era sanctions continue to harm the company’s revenues; a bipartisan coalition from the House of Representatives send a letter to Twitter CEO Jack Dorsey asking about the company’s plans to address rampant copyright infringement; and the U.S. Department of Commerce files trademark applications to protect USPTO branding and enforce against third parties sending malicious solicitations to registered trademark owners.

This week in Other Barks & Bites: a German high court rules that Lindt’s gold foil-wrapped chocolate bunnies have trademark protections; Federal Circuit Judge Kathleen O’Malley announces her retirement; the Federal Circuit rules that the PTAB gave no meaningful opportunity to respond to a sua sponte claim construction order; InterDigital obtains a favorable infringement ruling in the UK against Lenovo ahead of proceedings to determine FRAND royalties; the Second Circuit affirms another sanctions order against infamous copyright lawyer Richard Liebowitz; the EU commission sends letters to national governments seeking compliance with copyright rules for the Digital Single Market; the Senate Judiciary Committee favorably reports a series of bills increasing scope of enforcement against pharmaceutical patent owners; and inventor Gilbert Hyatt receives another setback in his legal action against the USPTO over unreasonably heightened examination procedures.

This week in Other Barks & Bites: the Federal Circuit clarifies “teaching away,” “commercial success” and “blocking patents” doctrine in PTAB reversal; a trio of Republican Senators introduce the FAIR Contributions Act to study the feasibility of collecting Big Tech revenues to fund the Universal Service Fund; the Cleveland MLB team announces new name; the EPO issues a study showing a three-fold increase in space tech patent filing between 2007 and 2017; the FTC votes unanimously to increase antitrust enforcement against companies who use copyright protections and other methods to restrict user repairs; USPTO updates its guidance for implementing the Supreme Court’s mandate for Director reviews of PTAB decisions from Arthrex; Honeywell’s earnings report shows a strong second quarter based on growth in the company’s commercial space division; India’s High Court clears the way for diabetes generics after dismissing an AstraZeneca appeal; and Ericsson and TCL Communications settle their ongoing patent litigation in Texas and California. 

This week in Other Barks & Bites: The U.S. Senate holds a cloture vote on Tiffany Cunningham, who is expected to be confirmed to the bench of the Federal Circuit next week; the Federal Circuit clarifies the particularity with which patent infringement claims must be plausibly alleged to survive a motion to dismiss; the European Patent Office Enlarged Board of Appeal says videoconference may be used for oral proceedings even without the parties’ consent during “a general emergency”; an Advocate General at the CJEU finds that copyright monitoring obligations within the Digital Single Market do not infringe rights to freedom of expression and information; Senators Tom Cotton and Thom Tillis renew a call for the U.S. Department of Commerce to answer questions regarding President Biden’s support of the TRIPS patent waiver for COVID-19 vaccines; Huawei and Verizon reach a settlement of mobile communications patent litigation; Google is served with a $593 million fine from French regulators after violating the terms of a copyright agreement with news publishers; and the Canadian government issued a set of national security guidelines designed to protect university research and intellectual property from foreign theft.

This week in Other Barks & Bites: a Fact Sheet announcing a Biden Administration Executive Order on competition policy includes measures aimed at cracking down on perceived anti-competitive practices across a number of IP industries; the attorneys general of 36 states and the District of Columbia file an antitrust suit against Google over its practices surrounding the Google Play Store; the EU’s highest court rules that sound marks must cause consumers to recall the commercial origin of a product to be registered as a trademark; the Ninth Circuit issues a divided opinion on whether trademark claims between family members within an Indian incense enterprise must be settled through arbitration; the USPTO launches a patent eligibility study after a request from several U.S. Senators; Softbank pays $1.6 billion USD for the perpetual rights to Yahoo’s branding and technology in Japan; and the Federal Circuit grants another writ of mandamus transferring another Ikorongo patent suit out of Western Texas and into Northern California.

This week in Other Barks & Bites: Michael Kroll, an often-sanctioned patent attorney, is barred from practice before the USPTO; the Federal Circuit orders Judge Albright to grant motions to transfer patent suits filed by Ikorongo to Northern California; the NCAA issues a new policy allowing student-athletes to license name, image and likeness rights; the Supreme Court limits but doesn’t abandon the doctrine of assignor estoppel; the Copyright Office announces that certain on-site services will be open to the public by appointment only beginning next week; the USPTO issues an interim rule for processing requests for Director rehearing under Arthrex; the EUIPO has received a record number of trademark applications through the first six months of 2021; Amazon files a petition with the FTC seeking the recusal of Chair Khan from investigations into the e-commerce giant; and Apple files a declaratory judgment action to invalidate a pair of voice-over-Internet protocol patents recently asserted by VoIP-Pal.com. 

This week in Other Barks & Bites: Senators Tillis, Whitehouse, Graham and Blumenthal reintroduce bill to prevent cybercrime amid record year for ransomware attacks; Senators Crapo and Wyden introduce the FABS Act to create a 25% tax credit in domestic semiconductor manufacturing investment; the Federal Circuit affirms a Section 101 invalidation of digital camera patent claims over Judge Pauline Newman’s dissent that the claims cover a mechanical and electronic device; the Patent Trial and Appeal Board (PTAB) rules that it can institute post grant review (PGR) of patent claims that have been disclaimed by the owner; Lina Khan is sworn in as the new chair of the Federal Trade Commission (FTC); the Seventh Circuit nixes yet another appeal from Design Basics while deriding the architectural design firm as a “copyright troll”; the CJEU rules that the registration of Internet protocol addresses of Internet service provider (ISP) subscribers for submission to copyright owners seeking to enforce against infringers using BitTorrent can be permissible under EU law; and Senator Tillis issues questions for response to executives at Sonos and Amazon dealing with issues of efficient patent infringement and anticompetitive e-commerce activities.

This week in Other Barks & Bites: the Innovation and Competition Act passes Senate by a vote of 68-32; the Federal Circuit rules that it lacks jurisdiction to decide Walker Process antitrust claims that are now transferred to the proper regional circuit; the European Parliament adopts a resolution proposing a waiver of international patent rights days after the European Commission presented an alternative proposal to improve COVID-19 vaccine access without a patent waiver; Germany’s national legislature approves a statute requiring courts to balance undue hardships before ruling on injunctions in patent cases; the American Law Institute votes to adopt sections of a restatement on federal copyright law over prominent backlash; Apple hires a former BMW executive to help develop its electric car project; China’s national IP administration began implementing a pilot project allowing foreign lawyers to sit for the nation’s patent bar exam; and the Tenth Circuit rules that the exceptional case standard in the Lanham Act and the Patent Act are parallel.

This week in Other Barks & Bites: Officials in the European Union are developing an alternative proposal to the waiver of international patent rights under TRIPS for COVID-19 vaccines; GM revises second quarter profit guidance upward after shifting production to truck models; the Federal Circuit holds that the defense of prosecution laches is available to the USPTO in Section 145 civil suits over patent claims; a Lex Machina IP litigation report shows that copyright and trademark lawsuit filings have been down throughout the COVID-19 pandemic; antitrust regulators in the EU and the UK announce separate investigations into Facebook’s cross-promotion of its Marketplace e-commerce platform; Chinese IP officials call for domestic patent firms to stop filing irregular patent applications; and the EUIPO reports that 21 percent fewer fake goods were detained within the EU’s internal market, although the value of counterfeit goods seized did not fall from 2018 to 2019.