Other Barks & Bites: IP News to Watch, February 1, 2019

“Bite” (noun): more meaty news to sink your teeth into.

“Bark” (noun): peripheral noise worth your attention.

https://depositphotos.com/80038942/stock-photo-dog-reading-newspaper.htmlThis week in Other Barks & Bites: Huawei is in hot water with both the U.S. and UK governments, while Qualcomm has just completed a new patent licensing deal with Huawei; IBM tops a new global list for most artificial intelligence-related patent applications filed; Apple files another appeal of a major patent infringement damages award handed to VirnetX in the Eastern District of Texas; and see how the biggest IP players are doing on Wall Street.

Bites

Huawei Under Fire – The U.S. government on January 28 released indictments against Chinese telecoms supplier and consumer electronics company, Huawei—10 of which focus on trade secrets theft. Meanwhile, the UK is currently considering whether to ban Huawei completely in a review that is expected to be completed by March.

WIPO Releases Study on Artificial Intelligence Patent Filings – On January 31, the World Intellectual Property Organization released its study on AI-related patent filings since the 1950s, finding 340,000 inventions and more than 1.6 million scientific articles published worldwide. IBM topped the list as the global leader in AI patent applications.  

U.S. Federal Law Enforcement Seizes $24.2 Million in Counterfeit Sports Merchandise – On January 31, federal law enforcement agencies participating in Operation Team Player announced that they had seized nearly 285,000 counterfeit sports-related items valued at $24.2 million, a 54 percent increase over seizures during last year’s operation.

Oracle Copyright Suit Against Hewlett-Packard Dismissed – On January 29, U.S. District Judge Jon Tigar granted a motion on summary judgment for Hewlett-Packard, dismissing a copyright case filed by Oracle in Northern California. Oracle had alleged that Hewlett-Packard sold unauthorized updates to Oracle software. 

FTC Antitrust Suit Against Qualcomm Reaches Closing Arguments – On January 29, closing arguments were presented in the Federal Trade Commission’s antitrust lawsuit against semiconductor developer Qualcomm over the firm’s practice requiring smartphone makers to pay patent royalties to purchase its computing chips.

Qualcomm Announces New Patent Agreement With Huawei – On January 31, Qualcomm announced that it had completed a new patent contract with Chinese smartphone maker Huawei, which will pay Qualcomm $150 million per quarter for three quarters. 

Apple Files Another Appeal in Patent Battle Against VirnetX – On January 24, Apple filed another appeal with the Federal Circuit, challenging a $440 million damages award to patent owner VirnetX in a jury verdict from the Eastern District of Texas.

German Court Nixes Four Patent Infringement Suits Filed by Qualcomm – On January 31, a Munich regional court dismissed four lawsuits filed by Qualcomm against Apple alleging patent infringement relating to search functions available on Apple’s iPhone.

Federal Circuit Tosses LG’s Appeal to Transfer Eastern Texas Patent Case – On January 24, the Court of Appeals for the Federal Circuit denied a petition for writ of mandamus filed by LG Electronics, leaving in place a decision by U.S. District Judge Rodney Gilstrap to deny LG’s motion to dismiss a patent suit in the Eastern District of Texas for lack of personal jurisdiction.  

Barks

Epic Games Faces Latest Copyright Suit Over Fortnite Dance – On January 23, James Baker, a professional rapper who goes by the stage name Blocboy JB, filed a copyright suit against Epic Games in Central California over Epic’s use of the “Shoot” dance in the video game Fortnite Battle Royale. 

Georgia’s Attorney General Faces Copyright Suit Over Campaign Video – On January 18, Pulitzer Prize-winning photographer Michael Schwarz filed a copyright suit against the midterm election campaign organization for Georgia Attorney General Chris Carr over the use of an image of Carr captured by Schwarz in a campaign video. 

Wynn Resorts and Resorts World Las Vegas Settle Copyright, Trademark Suit – On January 30, U.S. District Judge Gloria Navarro granted a motion to dismiss a copyright and trademark suit brought to the District of Nevada by Wynn Resorts last December. Genting, the owner of Resorts World Las Vegas, reportedly agreed to halt construction and change architectural designs to settle the case.

Dragon Media to Shut Down Streaming Service After Adverse Copyright Ruling – On January 29, U.S. District Judge Michael Fitzgerald entered a judgment including $14.5 million in damages and a permanent injunction against set-top box provider Dragon Media, terminating a copyright case brought to the Central District of California by Amazon, Netflix and Hollywood production studios.

3M and Miraenanotech Reach Patent Licensing Agreement – On January 31, 3M announced that it had reached a licensing agreement with metal mesh conductor film provider Miraenanotech allowing the latter firm to use 3M’s metal mesh technology for capacitated touch sensors.

Fox Targeted in Trademark Suit Over Alita: Battle Angel Film – On January 30, Epic Stone Group filed a lawsuit against Twentieth Century Fox in the Southern District of Florida alleging infringement of Epic’s trademark rights to “Battle Angel.”

Japan Bans the Registration of Trademarks Covering Era Names – On January 30, the Japan Patent Office announced revisions to its trademark screening criteria that will prevent the trademarking of era names as Japan’s Heisei Era draws to a close.

Former Survivor Lead Singer Loses Motion to Dismiss Trademark Suit – On January 25, U.S. District Judge John Lee of the Northern District of Illinois denied a motion to dismiss a trademark suit filed against David Bickler, former frontman for the rock band Survivor, over Bickler’s use of the Survivor name to promote solo performances after leaving the band in 1984.

This Week on Wall Street

Amazon Earnings Report Shows Slump in Prime Membership – On January 31, Amazon.com reported its earnings for 2018’s fourth quarter and shares slumped by 0.7 percent after the markets closed due in part to slowing growth in Amazon Prime subscriber revenues.

https://depositphotos.com/201576408/stock-photo-manhattan-new-york-city-may.htmlTesla Holds 83 Percent of Electric Car Market – On January 30, Tesla announced its earnings for 2018’s fourth quarter and revealed that the company had cornered 83 percent of the U.S. market for battery-electric vehicles.

Facebook to Report User Numbers for Instagram, WhatsApp – On January 31, Facebook shares rose 11 percent after an earnings beat for the fourth quarter of 2018. Facebook also announced that it would begin reporting user metrics for its Family of services, including Instagram and WhatsApp, in the future.

Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2017 are announcing quarterly earnings next week (2017 rank in parentheses):

  • Monday: Alphabet Inc. (5th); Panasonic Corp. (t-235th); Seagate Technology (88th)
  • Tuesday: Infineon Technologies AG (58th); Skyworks Solutions, Inc. (t-161st); Toyota Motor Corp. (14th); Walt Disney Co. (150th); Yamaha Corp. (t-271st)
  • Wednesday: Boston Scientific Corp. (113th); General Motors Co. (36th); Nippon Steel & Sumitomo Metal Corp. (218th); NXP Semiconductor N.V. (66th); Shimadzu Corp. (t-227th)
  • Thursday: Casio Computer Co. (t-161st); Cypress Semiconductor Corp. (t-282nd); DowDuPont (merger of Dow Chemical [49th] and DuPont [86th]); Fanuc Corp. (120th); Fujitsu Ltd. (21st); General Electric Co. (6th)
  • Friday: Olympus Corp. (64th); Renesas Electronics Corp. (68th)

 

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The Author

Eileen McDermott

Eileen McDermott is the Editor-in-Chief of IPWatchdog.com. Eileen is a veteran IP and legal journalist, and no stranger to the intellectual property world, having held editorial and managerial positions at several publications and industry organizations. She has acted as editorial consultant for the International Trademark Association (INTA), chiefly overseeing the editorial process for the Association’s twice-monthly newsletter, the INTA Bulletin. Eileen has also served as a freelance editor for the World Intellectual Property Organization (WIPO); as senior consulting editor for the Intellectual Property Owners Association (IPO) from 2015 to 2017; as Managing Editor and Editor-in-Chief at INTA from 2013 to 2016; and was Americas Editor for Managing Intellectual Property magazine from 2007 to 2013.

Eileen McDermott

Steve Brachmann is a freelance journalist located in Buffalo, New York. He has worked professionally as a freelancer for more than a decade. He writes about technology and innovation. His work has been published by The Buffalo News, The Hamburg Sun, USAToday.com, Chron.com, Motley Fool and OpenLettersMonthly.com. Steve also provides website copy and documents for various business clients and is available for research projects and freelance work.

Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinion and views of the author and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog.com. Read more.

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There are currently 1 Comment comments.

  1. Patent Investor February 2, 2019 9:46 am

    I’m surprised there hasn’t been any real discussion here of the CAFC, with Judge Prost on the panel no less, handing Apple a Rule 36 out of the Eastern District of Texas on a $400 million plus jury award.