Posts Tagged: "Barks and Bites"

This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case.

This week in Other Barks & Bites: the Eleventh Circuit upholds a jury verdict finding misappropriation of trade secrets to alcohol sales invoicing software; the European Patent Office rules that an AI system cannot be a legal person who satisfies inventorship requirements; a U.S. magistrate judge recommends $83 million in statutory damages against Russian operators of a YouTube stream-ripping service;…

This week in Other Barks & Bites: the U.S. Senate confirms the appointment of Judge Lucy Koh to the bench of the Ninth Circuit; the Federal Circuit affirms a summary judgment ruling of no induced infringement in an international patent case over plastics manufacturing; the Supreme Court denies an appeal of the French government’s sovereign immunity win over cybersquatting claims; the Senate Commerce Committee approves a bill that would increase foreign direct investment into semiconductor manufacturing; Judge Mauskopf sends a letter indicating that the Administrative Office of the U.S. Courts will consider concerns raised regarding case assignment policies in the Waco Division of the Western District of Texas; the USPTO proposes a rule that would end the practice of mailing printed patent certificates upon issuance in favor of electronic-only patent certificates; and news reports indicate that Oracle is seeking a major acquisition of a medical records and software firm.

This week in Other Barks & Bites: the Federal Circuit announces that Judge Moore will move into the role of Chief Judge for the appellate court this May; the Ninth Circuit revives a case including claims of reverse trademark infringement against Dropbox; HPE, Facebook and Microsoft announce a Low-Carbon Patent Pledge to increase innovator access to patented climate change mitigation technologies; the App Association issues a press release supporting the Department of Justice’s apparent restoration of Obama-era interpretations of FRAND policy for SEP licensing; Ericsson earnings show that the company’s increasing 5G infrastructure sales are helping offset lost patent royalty revenue from Samsung; Judge Roumel orders costs and attorney’s fees against the U.S. government for a late patent validity challenge; and the Supreme Court hears oral arguments in a case that could introduce new limits to the doctrine of patent assignor estoppel.

This week in Other Barks & Bites: an industry group representing French news publishers and Google reached a first-of-its-kind agreement on a copyright licensing framework for republishing news snippets online; USPTO Director Andrei Iancu and Deputy Director Lisa Peter announce their intention to step away from the agency during the Biden Administration; President Biden designates Jessica Rosenworcel to serve as acting Chairwoman of the Federal Communications Commission; BlackBerry’s patent settlement with Facebook helps shares of that company increase by as much as $20 per share; the FCC’s annual broadband report shows that the digital divide is decreasing for rural Americans who had lacked access to 4G LTE mobile communications; the Supreme Court strikes down a petition for certiorari filed by Idenix seeking to overturn the Federal Circuit’s invalidation of genus claims for Section 112 enablement issue; and the Court of Justice of the European Union is asked whether German law on preliminary injunctions in infringement proceedings is unduly burdensome on patent owners.

This week in Other Barks & Bites: the USPTO issues a report on the impacts of non-market forces encouraging larger numbers of bad-faith patent and trademark applications from China; IBM tops the list of U.S. patent recipients for the 28th-straight year; Judge Gilstrap issues a “late” stay in a patent case after the USPTO grants ex parte reexamination requests from Cisco; the Copyright Office issues a final rule on digital music providers obligations on royalty reporting to qualify for limited liability under the Music Modernization Act; China’s IP administration reports that copyright industries contribute more than 7% of the nation’s GDP; Judge O’Grady denies post-trial motions filed by Cox Communications, affirming a $1 billion verdict against the cable provider for copyright infringement; and TSMC announces plans to invest up to $28 billion in capital expenditures during 2021 to improve its advanced chipmaking capabilities.

This week in Other Barks & Bites: the Federal Circuit grants Apple’s motion to transfer Uniloc’s patent infringement case to the Northern District of California, while Circuit Judge Moore dissents because Apple’s motion was based mainly on ad hominem attacks on Western Texas judges; China’s national legislature approves amendments to the nation’s Copyright Law that increase statutory damages for infringement by 10 times, up to 5 million yuan; the Copyright Office issues a final rule on mandatory deposit provisions for e-books; Senator Thom Tillis issues DMCA reform questions to copyright system stakeholders and addresses open letter expressing his “strongest support” of Director Iancu’s PTAB reforms; the European Patent Office issues a progress report on videoconference hearings announcing an extension to the pilot program; and antitrust regulators at the European Commission begin enforcement efforts against Amazon’s use of non-public seller data.

This week in Other Barks & Bites: the Federal Circuit rules that “acts of infringement” under Section 1400(b) limits venue in Hatch-Waxman patent cases to jurisdictions where ANDA submission activities took place; A Technical Board of Appeal of the European Patent Office Upholds the revocation of a patent for CRISPR gene editing technology; Skidmore files a petition for rehearing of a petition for writ of certiorari in the “Stairway to Heaven” copyright case; the U.S. Patent and Trademark Office and the Copyright Office issue notices related to studies on IP infringement committed by sovereign state actors; the Copyright Office also issued a supplemental notice of proposed rulemaking (NPRM) related to statements of accounts submissions and payment of accrued royalties under the MMA; a magistrate judge in Southern New York denies a request to determine the accuracy of the copyright registration for the Phillie Phanatic baseball mascot; Amazon announces a second regional infrastructure for AWS in India by mid-2022; and VirnetX wins a $502.8 million infringement verdict over Apple’s infringement of patent claims covering virtual private network technologies.

This week in Other Barks & Bites: the Federal Circuit remands a “frustrating” patent case proceeding on an “impermissible theory of liability;” the Supreme Court questions counsel on the industry effects of copyright protections for software interfaces during oral arguments in Oracle v. Google; CRISPR gene editing inventors Jennifer Doudna and Emmanuelle Charpentier awarded Nobel Prize; IBM announces that it will separate its managed infrastructure services unit to focus on its hybrid cloud business; and Regeneron seeks emergency approval for its COVID-19 therapy but also faces patent infringement charges over its use of a reagent used in vaccine testing assays.

This week in Other Barks & Bites: the USPTO issues a final rule to facilitate its role as a receiving office for international patent applications in the ePCT system; the Third Circuit overturns a disgorgement award to the Federal Trade Commission (FTC) after ruling that Section 13(b) of the FTC Act provides no such remedy; the Ninth Circuit decides an issue of first impression, requiring the showing of likelihood of confusion to establish trademark counterfeit claims; Sonos files a new lawsuit in its growing patent skirmish with Google over wireless speaker technologies; CBS Corp. files an opposition brief at the Supreme Court arguing that Personal Audio has waived collateral estoppel and constitutional arguments related to PTAB proceedings; and Daren Tang officially assumes his duties as Director General of WIPO.

This week in Other Barks & Bites: China’s IP administration releases draft provisions on the protection of geographical indications; Chief APJ Scott Boalick announces a new form for PTAB practitioners to anonymously nominate PTAB decisions for precedential status; Shira Perlmutter is announced as the 14th Register of Copyrights; the Federal Circuit finds that Hewlett-Packard’s IPR joinder doesn’t trigger Section 315(e)(2) prior art estoppel during civil actions in district court; the European Commission says it will appeal Apple’s favorable tax ruling by the European General Court in July; the U.S. Department of Justice issues proposed amendments to Section 230’s online platform liability shield; U.S. District Judge Alan Albright issues revised guidelines for Western Texas patent cases; and WIPO launches a free database offering access to judicial rulings on intellectual property law from countries around the globe.

This week in Other Barks & Bites: China’s IP agency announces that registered trademarks have increased past 28 million and also releases draft patent linkage measures in conjunction with China’s pharmaceutical regulator; the EU’s highest court upholds football star Lionel Messi’s right to trademark his name and tells EU member states that third country performers outside the EEA cannot be excluded from rights payments for music recordings; the USPTO announces a pilot program allowing patent applicants to defer fees on certain provisional applications covering inventions related to COVID-19; rapper Nicki Minaj wins a copyright suit filed by singer-songwriter Tracy Chapman on a fair use defense; the Copyright Office issues interim rules and a notice of proposed rulemaking related to several areas of the agency’s rulemaking authority under the Music Modernization Act; and the USPTO establishes a Performance Review Board for reviewing performance appraisal and bonus programs for agency employees.

This week in Other Barks & Bites: Assistant Attorney General Makan Delrahim tells the IEEE that an Obama-era letter from the Department of Justice on the standard setting organization’s patent policies has been misinterpreted to the detriment of innovation; a California entertainment lawyers group asks the Supreme Court to solve a circuit split on the copyrightability of fictional characters; the Patent Trial and Appeal Board denies an inter partes review petition from Apple under the NHK-Fintiv discretionary denial factors being challenged by Apple and Google in a district court case; the Trademark Modernization Act moves out of the House Judiciary Committee by a voice vote; a collection of trade associations representing creative industries across the EU criticize the European Commission’s implementation of last year’s Copyright Directive; and the Ninth Circuit affirms a district court ruling that the Broadway musical Jersey Boys didn’t copy any protectable elements from a biography of The Four Seasons.

This week in Other Barks & Bites: Modified Opinion issued in Facebook v. Windy City at CAFC; the Alliance for U.S. Startups and Inventors for Jobs (USIJ) tells Senate not to fall for high-tech attempts to block PTAB reforms; a Chinese court issues jail sentences to several individuals found guilty of infringing upon Lego copyrights; the Copyright Office extends certain filing deadlines to November 9 due to the COVID-19 pandemic; major tech firms sue the USPTO under the Administrative Procedures Act over the NHK-Fintiv discretionary denial factors for inter partes review (IPR) petitions; the Federal Circuit says that an inventorship petition at the USPTO doesn’t create judicial estoppel on inventorship in district court proceedings; Advocate General Hogan tells the CJEU that the submission of copyright-protected content as evidence in court proceedings doesn’t infringe copyright; the United States retains the #3 position in WIPO’s Global Innovation Index 2020; the heads of IP offices from each of the BRICS nations agree to a digital cooperation roadmap; and the U.S. Department of Justice plans to file antitrust charges against Google in September despite concerns that AG William Barr is rushing the case.