In this edition of Other Barks… The Supreme Court hears oral arguments in a case that could create venue limitations on patent infringement actions. A major Korean consumer tech firm files its first patent infringement suits it has ever filed in the U.S. Chinese courts overturn a ban on a major American-designed smartphone. President Trump taps Jared Kushner to lead a new innovation office within the White House. And Marvel wins a partial summary judgment in a copyright dispute relating to Iron Man and whether the company stole the familiar Iron Man suit from another comic book character.
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- This Week on Capitol Hill – A busy week at Capitol Hill kicked off in the U.S. Senate on Tuesday starting with a 9:30 AM hearing of the U.S. Senate Committee on Banking, Housing, & Urban Affairs to look at the role of financial companies in fostering economic growth. At 10 AM, the full membership of the U.S. Senate Committee on Energy & Natural Resources convened to discuss increasing U.S. dependence on foreign sources of materials. At 2:30 PM, the energy subcommittee of the Senate energy committee held a hearing to examine cybersecurity threats and technological advancements which could address those threats. Today at 10 AM, the U.S. Senate Committee on Commerce, Science, & Transportation will meet to discuss closing the skills gap and boosting U.S. competitiveness. At 2:30 PM, the U.S. Senate Special Committee on Aging will examine the prevention of Alzheimer’s disease and ways to improve quality of life for Alzheimer’s patients. A 3:30 PM meeting of the airland subcommittee of the U.S. Senate Committee on Armed Services will discuss modernization of the air force. Tomorrow’s schedule includes a 2:30 PM hearing of the Senate energy committee to examine the potential of infrastructure improvements to create jobs and decrease the cost of living in Alaska. An equally busy schedule at the U.S. House of Representatives started on Monday with a 5 PM hearing of the House Committee on Rules to approve a joint resolution providing congressional disapproval of recent FCC ruling. At 10 AM Tuesday, the cybersecurity committee of the House Committee on Homeland Security met to discuss the current state of the Department of Homeland Security’s efforts to secure federal networks. Also at 10 AM, the labor subcommittee of the House Committee on Appropriations convened a hearing to discuss the budget for the Corporation for Public Broadcasting. Another 10 AM hearing, this one held by the consumer protection subcommittee of the House Committee on Energy and Commerce, discussed levels of automation for self-driving cars. Today, the House schedule kicks off at 9:30 AM with a House Committee on Oversight and Government Reform hearing which will examine coordination and innovation in federally funded cancer research. At 10 AM, the communications subcommittee of the House energy committee will meet to discuss realizing nationwide next-generation 911. At 2 PM, the strategic forces subcommittee of the House Committee on Armed Services will convene a hearing to look at threats to space assets and implications for homeland security. Thursday’s hearing schedule gets underway at 9 AM as the constitution subcommittee of the House Committee on the Judiciary will discuss H.R. 1689, the Private Property Rights Protection Act. At 10 AM on Thursday, the House Committee on Small Business will meet to look at resources to assist small businesses.
- SCOTUS Hears Oral Arguments in Case Over Venue Limitations in Patent Cases – On Monday, March 27th, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Group Brands LLC, a case which will ask SCOTUS to decide whether federal statutes limit the choice of judicial districts in which a patent infringement action may be filed. Some reports indicate that the oral argument proceedings suggest that the justices seem to be in favor of preserving broader venue choice. Later this week, we’ll have our own summary of the oral arguments presented before the Supreme Court published on this site. (Link to transcript of oral arguments presented in TC Heartland LLC v. Kraft Food Group Brands LLC)
- LG Electronics Files First-Ever Patent Infringement Cases in U.S. – On Monday, March 27th, the U.S. subsidiary of Korean consumer electronics firm LG Electronics (KRX:066570) announced that the company was filing two complaints against Miami, FL-based smartphone maker BLU Products. This is the first time that LG has ever gone to court to assert its U.S. patent rights, according to a press release. The release states that the legal actions follow unsuccessful attempts to engage in licensing negotiations with BLU over the previous year, indicating that BLU has “ignored all of LG attempts to discuss a license to LG’s intellectual property.” The cases have been filed at the U.S. International Trade Commission and the U.S. District Court for the District of Delaware (D. Del.). (Link to RPX Corp. litigation info page on LG Electronics, Inc. v. BLU Products, Inc.)
- Chinese Court Overturns Patent Ban on Apple’s iPhone – On Monday, March 27th, news reports indicated that the Beijing Intellectual Property Court overturned a ban on the sale of iPhones marketed by American consumer tech giant Apple Inc. (NASDAQ:AAPL). The decision, the latest in a series of pro-foreign plaintiff decisions, was reached after the court decided that a Chinese ban on iPhone sales issued last June wasn’t supported by enough evidence that design patents held by Chinese entity Baili were infringed by the iPhone.
- Facebook Increases Efficient Infringement of Snapchat’s Social Media Platform – On Tuesday, March 28th, Menlo Park, CA-based social media titan Facebook Inc. (NASDAQ:FB) announced that it was rolling out new camera effects which some media outlets have noted are very similar to filter effects offered by Snapchat, the social media platform offered by Los Angeles, CA-based Snap Inc. (NYSE:SNAP). The new feature rollout follows within a few weeks of one Snap executive expressing public frustration over Snapchat features copied by Facebook’s Instagram. Earlier this month, Business Insider published an article discussing multiple Snapchat features copied by Facebook assets, including Instagram, WhatsApp and Messenger, and similarities between the current situation between Snap and Facebook and Facebook’s response to the introduction of the Google+ social media platform in 2011. (Link to official press release from Facebook on new camera features)
- Broadway Play to Change Set Design in Response to Trademark Challenge – On Thursday, March 23th, the NY Daily News reported that producers of the Broadway musical A Bronx Tale had decided to repaint a sign on the set of the production after the owner of a pastry shop in Little Italy asked them to remove the phrase “The Cannoli King.” The pastry shop owner holds a trademark to the phrase according to reports.
- Warner Bros. Tries to Take Golden Ticket Away from Georgia Beer Maker – On March 1st, Burbank, CA-based filmmaker Warner Bros. Entertainment Inc. filed a notice of opposition at the Trademark Trial and Appeal Board (TTAB) to challenge a trademark application filed by Southern Sky Brewing Company of Atlanta, GA. The opposition, filed to challenge U.S. Trademark Serial No. 87081807 for the use of the standard character mark “GOLDEN TICKET” on beer, lists priority and likelihood of confusion as grounds for opposition in the case. Warner Bros. holds a trademark for “GOLDEN TICKET” related to films such as Willy Wonka & The Chocolate Factory and Charlie and the Chocolate Factory. (Link to notice of opposition filed by Warner Bros. at TTAB)
- SCOTUS Denies Writ in Case on Pre-1972 Music Recordings – On Monday, March 27th, the Supreme Court officially declined to grant a petition for writ of certiorari in a case which would have asked the Court to decide whether aspects of the Digital Millennium Copyright Act (DMCA) limits and preempts state-law rights and remedies afforded to copyright owners. The petition was filed by LA-based record label Capitol Records after the U.S. Court of Appeals for the Second Circuit (2nd Cir.) decided that Vimeo wasn’t subject to heavy burdens in monitoring postings for pre-1972 copyrighted content, including songs by the Beatles and the Jackson 5. (Link to SCOTUSblog page on Capitol Records, LLC v. Vimeo, LLC)
- Marvel Entertainment Wins Partial Victory in Copyright Case Over Iron Man Armor – On Monday, March 27th, a judge in the U.S. District Court for the Southern District of New York (S.D.N.Y.) issued an opinion and order which dismisses a claim that Marvel stole the design of Iron Man’s mechanized body armor from Radix, a comic book series developed by Horizon Comics and submitted to Marvel. The judge found that, although a promotional poster for Marvel’s Iron Man film may, in fact, be substantially similar to Radix artwork, the mechanized body armor itself could not be seen as substantially similar to body armor designs from Radix. “An average observer would clearly see the dissimilarities between the works and would not conclude that one was copied from the other,” the opinion reads. (Link to opinion and order filed in Horizon Comics Production, Inc. v. Marvel Entertainment, LLC et. al.)
- N.D. Ala. Judge Sides with eBay in Patent Case Involving Carpenter Bee Traps – On Monday, March 20th, a memorandum opinion was entered in a case filed in the U.S. District Court for the Northern District of Alabama (N.D. Ala.) which granted a motion for summary judgment sought by San Jose, CA-based e-commerce firm eBay Inc. (NASDAQ:EBAY) on the grounds that the online auction provider wasn’t cannot be held responsible for selling products which allegedly infringe patents. The case, brought by Carpenter Bee Solutions, alleged that eBay indirectly infringed upon patents covering carpenter bee traps by listing infringing products for sale online. (Link to official complaint in Brian Robert Blazer d/b/a Carpenter Bee Solutions v. eBay, Inc.) (Link to memorandum opinion filed in case)
- Jared Kushner Will Lead President Trump’s Innovation Office – On Monday, March 27th, the Trump Administration issued a press release announcing the creation of the Office of American Innovation, which will look to launch initiatives and pursue policies that improve American quality of life, improve government operation and spur job creation. Media reports the day prior from The Washington Post indicate that Trump’s son-in-law Jared Kushner will lead the agency.
- This Week on Wall Street – It’s another light week for earnings reports on Wall Street but it’s not completely quiet. A strong fourth quarter 2017 earnings report for Raleigh, NC-based software company Red Hat Inc. (NYSE:RHT), in which the firm posted a $10 million beat on revenue predictions, helped its stock pop by 6 percent during trading on Tuesday. In 2015, Red Hat placed 131st among entities earning U.S. patents with 254 patent grants that year according to statistics published by the Intellectual Property Owners Association (IPO). The week will close out on Friday with fourth quarter earnings from Canadian telecom firm BlackBerry Ltd (NASDAQ:BBRY) with analysts expecting a 0 cent earnings per share (EPS). Last year, BlackBerry was 45th overall among entities earning U.S. patent grants, taking in 771 U.S. patents last year according to IFI CLAIMS. This total, however, represents a 28 percent decrease from the 1,071 U.S. patents earned by BlackBerry in 2015.
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