Bites (noun): more meaty news to sink your teeth into.
Barks (noun): peripheral noise worth your attention.
This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump bans Huawei telecommunications equipment from use on U.S. networks; Korean IP offices get ready to study inter-Korean IP cooperation; Huawei and Samsung reach a conclusion to their worldwide patent litigation; AbbVie okays a generic Humira treatment in 2023; Disney escapes Pirates of the Caribbean copyright suit unscathed; Guns N’ Roses files a trademark suit over a beer; Qualcomm enters into another worldwide patent license for 5G technology; and Procter & Gamble unveils its largest research and development center after $400 million upgrade to Ohio facility.
Trump Order Bans Huawei Telecom Equipment from U.S. Networks – On May 15, President Donald Trump issued an executive order which banned the use of Huawei telecommunications equipment from U.S networks in response to national security concerns. On the same day, the U.S. Department of Commerce added Huawei to its Entity List, requiring U.S. companies to apply for export licenses in order to supply components to Huawei.
Chinese Political Advisors Discuss Revisions to Copyright Law – Chinese state-run media reported On May 13, that the National Committee of the Chinese People’s Political Consultative Conference convened a meeting of political advisors who offered suggestions on revisions to Chinese copyright law, including stronger punishment for infringement and the creation of a punitive compensation system.
AbbVie Settles Humira Patent Litigation, Allows Humira Generic in 2023 – Pharmaceutical firm AbbVie announced Wednesday that it had entered into an agreement to settle all outstanding patent litigation with German drugmaker Boehringer Ingelheim which allows the German firm to bring a generic Humira product to the U.S. market in 2023.
SCOTUS OKs Class Action Antitrust Suit Against Apple -The Supreme Court on Monday affirmed a United States Court of Appeal for the Ninth Circuit ruling holding that iPhone owners are direct purchasers who may sue Apple for alleged monopolization.
Huawei, Samsung Reach Settlement of Global Standard-Essential Patent Disputes – On May 14, Beijing Business News reported that major Asian tech firms Samsung and Huawei had reached an agreement to settle all worldwide standard-essential patent (SEP) disputes between the companies.
INTA Research Study Shows that Price Beats Morals for Gen Z’ers – The International Trademark Association released a multi-country research study this week which showed that, while 52% of Gen Z’ers aged 18 to 23 planned to purchase fewer counterfeit items in the coming years, cost and personal income were more important considerations than morals in deciding whether to purchase counterfeits.
Federal Circuit Hands Rule 36 Loss to Baker Hughes Patent Claims – The Court of Appeals for the Federal Circuit issued a Rule 36 summary judgment on May 15 affirming a decision by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) proceeding to invalidate patent claims that had been asserted by Baker Hughes against Packers Plus Energy Services.
Alibaba Releases Report on Improvements to E-Commerce Brand Protection Efforts – On May 16, Chinese e-commerce giant Alibaba released an intellectual property rights report which indicated that, during 2018, 96 percent of proactively removed listings were taken down before a single sale occurred and rights holder takedown requests were down 32 percent year-over-year.
Research on Inter-Korean IP Cooperation to be Commissioned – Privately-owned North Korean information service NK News reported this week that the Korean Intellectual Property Office (KIPO) is set to commission policy research that will conclude this November and will study ways to initiate and promote inter-Korean cooperation on IP rights.
Google Loses Motion to Transfer Patent Case Out of Delaware – On May 16, U.S. District Judge Maryellen Noreika of the District of Delaware nixed a motion made by Google to transfer a patent case brought by Virentem Ventures LLC to the Northern District of California.
Disney Wins Dismissal of Copyright Suit Over Pirates of the Caribbean – U.S. District Judge Consuelo Marshall of the Central District of California issued a ruling on Monday dismissing a copyright suit alleging that Disney copied elements of a screenplay titled Pirates of the Caribbean because there were fundamental differences between that screenplay and Disney’s movie franchise and any similarities were generic concepts.
Xperi Subsidiaries File Patent Infringement Suit Against NVIDIA – Xperi Corporation CEO Jon Kirchner announced on May 9 during the company’s first quarter 2019 earnings call that subsidiaries Invensas and Tessera had filed suit in the District of Delaware against semiconductor designer NVIDIA for infringing five patents related to central processing unit and processor technology.
U.S. Inventors Selected as Finalists for European Inventor Award – Two inventors from the Albany, New York who created eco-friendly alternatives to synthetic packaging by using mycelium, the root structure of mushrooms have been nominated as finalists for the European Inventor Award 2019 in the category “Non-EPO Countries”.
Getty Files Suit Over Unlicensed Uses of Photographs in Online Magazine – On May 10, Getty Images filed a copyright infringement suit in the District of Massachusetts against Her Campus, alleging that the magazine targeting female college students has been using copyrighted images on its website without a license.
Guns N’ Roses Files Trademark Suit Over Guns ‘N’ Rosé Ale – On May 9, rock band Guns N’ Roses filed a lawsuit in the Central District of California against Canarchy Craft Brewery Collective involving trademark infringement claims centered around a Guns ‘N’ Rosé ale marketed by one of Canarchy’s subsidiaries.
Toyota Faces Patent Suit Over Vehicle Navigation, Collision Avoidance Systems – On May 14, high tech developer American GNC Corp. filed a lawsuit in the Eastern District of Texas alleging claims of patent infringement against Toyota for its use of autonomous vehicle navigation technologies.
Qualcomm Signs Patent Licensing Deal with HMD Global for 5G Tech in Nokia Devices – On May 13, American semiconductor developer Qualcomm announced that it had entered into a patent license agreement with HMD Global Oy allowing HMD Global to sell Nokia-branded 3G, 4G and 5G devices.
Puerto Rican Coke Bottler Loses Bid to Nix Eco Packaging Trademark Suit – On May 15, the U.S. District of Puerto Rico determined that Niagara Bottling LLC plausibly alleged that Coca-Cola Puerto Rico Bottlers infringed upon Niagara’s eco-friendly packaging marks with similarly colored labels and similar emblems found on Coca-Cola’s Nikini bottle water brand.
This Week on Wall Street
Wall Street Has Three-Day Win Streak Despite Trade Tensions – On May 16, Wall Street indices closed higher despite tensions in the U.S.-China trade war thanks to rosy U.S. economic data and positive earnings reports from major stocks like Walmart and Cisco.
Procter & Gamble Unveils $400M R&D Center in the U.S. – On May 15, consumer goods corporation Procter & Gamble unveiled its Mason Business Center in Mason, OH, the company’s largest research and development center after a three-year, $400 million construction project expanded the facility to two million square feet in space.
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: None
- Tuesday: None
- Wednesday: Analog Devices, Inc. (t-256th); NetApp, Inc. (t-142nd)
- Thursday: Hewlett Packard Enterprise (82nd); HP Inc. (63rd); Lenovo Group Ltd. (t-265th); Medtronic Inc. (24th)
- Friday: None
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