Other Barks & Bites, Friday, February 7: Huawei Sues Verizon, CAFC Affirms AT&T Implied License, and PTAB Denies Gilead IPRs

By IPWatchdog
February 7, 2020

Bites (noun): more meaty news to sink your teeth into.

Barks (noun): peripheral noise worth your attention.

https://depositphotos.com/6113467/stock-photo-shar-pei-dog-with-newspapers.htmlThis week in Other Barks & Bites: the Federal Circuit finds implied license for AT&T beats infringement claims; Verizon is targeted in patent suit filed by Chinese telecom firm Huawei; Gilead stock drops after adverse patent decisions; the ITC institutes a patent infringement investigation against Google; Cox Communications seeks remittitur, new trial in $1 billion copyright case; David Gooder is appointed to serve as the next Commissioner of Trademarks at the USPTO; the Ninth Circuit hears oral arguments on whether “Comic Con” trademark was generic; and Biogen sees stock prices shoot up after beating Mylan patent challenge at the PTAB.


CAFC Affirms Northern Texas Ruling of Implied License for AT&T – On Thursday, February 6, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Cheetah Omni LLC v. AT&T Services, Inc. which affirmed a finding by the Northern District of Texas that AT&T had an implied license to practice a technology covered by Cheetah Omni’s patent claims due to prior settlement agreements between Cheetah Omni and Ciena Communications, an AT&T supplier manufacturing components forming the basis of Cheetah Omni’s claims against AT&T.

Huawei Files Patent Suits Against Verizon in Texas – On Thursday, February 6, Chinese telecom giant Huawei filed two lawsuits in U.S. district court, one in Eastern Texas and the other in Western Texas, asserting claims of 12 patents against Verizon Communications. The suits were filed after Huawei “negotiated with Verizon for a significant period of time” according to an official Huawei statement on the lawsuits.

USPTO Appoints David Gooder as Commissioner for Trademarks – On Wednesday, February 5, the U.S. Patent and Trademark Office announced that David Gooder, formerly the Chief Trademark Counsel for distilled spirit and wine brand owner Brown-Forman Corporation, will serve the agency as the new Commissioner for Trademarks, replacing the retired former Commissioner Mary Boney Denison when his appointment becomes effective on March 2.

https://depositphotos.com/13561580/stock-illustration-beware-of-dog.htmlUSPTO Proposes Rule on Government Use Licenses to Aid Individuals, Small Businesses – On Wednesday, January 5, the USPTO published a notice of proposed rulemaking in the Federal Register that would amend the rules of practice in patent cases regarding government use licenses so as to encourage individual inventors and small businesses to collaborate with the federal government by increasing the availability of small entity patent fee discounts on patent applications for inventions supported by federal funding.

Ninth Circuit Hears Oral Arguments in “Comic Con” Trademark Case – On Wednesday, February 5, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether the term “Comic Con” was generic when first adopted by San Diego Comic-Con in a case appealed from the Southern District of California by the organizers of Salt Lake Comic Con.

U.S. Ranks Second Among National Patent Systems in 2020 IP Index – On Tuesday, February 4, the U.S. Chamber of Commerce published its eighth annual International IP Index, Art of the Possible, in which the United States ranked first overall for the strength of its overall intellectual property protection system. The U.S. also placed in a four-way tie for second for the strength of its patent system.

CAFC Rejects Indefiniteness in IPR But Revives Samsung’s Invalidity Challenge – On Tuesday, February 4, the Federal Circuit issued a precedential decision in Samsung Electronics America, Inc. v. Prisua Engineering Corp. in which the appellate court rejected Samsung’s argument that the Patent Trial and Appeal Board (PTAB) should have invalidated Prisua’s patent claims in an inter partes review (IPR) proceeding after finding them to be indefinite. However, the CAFC reversed the PTAB’s means-plus-function analysis on those claims, remanding them to be considered for obviousness or anticipation in light of Samsung’s asserted prior art.


ITC Institutes Investigation Into Google After Sonos Section 337 Patent Complaint – On Thursday, February 6, the U.S. International Trade Commission officially opened a Section 337 patent infringement investigation against Google after wireless speaker company Sonos filed a complaint alleging that Google’s importation of certain audio players and controllers infringes upon its patent claims.

Xperi, SK Hynix Enter Into Major Patent License Agreement in Semiconductors – On Thursday, February 6, semiconductor developers Xperi and SK Hynix announced that they had entered into a patent and technology licensing agreement that includes Xperi’s Invesas DBI Ultra 3D die-to-wafer hybrid bonding technique for semiconductor manufacture.

Jury Selection Continues in Uber Trade Secret Case After Counsel Loses Bid to Withdraw – On Wednesday, February 5, jury selection continued in a Central California trade secret case filed by Celluride Wireless against Uber Technologies shortly after counsel from Greenberg Gross LLP representing Uber lost a motion to withdraw from the case.

https://depositphotos.com/30633387/stock-illustration-postman-followed-by-a-dog.htmlPhotographer Files Copyright Suit Over Use of Banana Art Photo – On Wednesday, February 5, photographer John Taggart filed a lawsuit in the Southern District of Texas against Graham Media Group over that company’s allegedly unauthorized use of a photo captured by Taggart and depicting an art exhibit comprising a banana duct-taped to a wall which sold for more than $100,000 after being displayed at the Art Basel Miami art fair last year.

Target’s “Wild Fable” Clothing Line Targeted in Trademark Suit – On Tuesday, February 4, feminist-themed apparel firm Wildfang filed a lawsuit in the District of Oregon alleging claims of trademark infringement against retail giant Target Corporation, accusing Target of copying brand elements of self-expression and inclusivity through its “Wild Fable” line of clothing apparel.

Copyright Claims Against Chicago Cubs Survive Motion to Dismiss – On Tuesday, February 4, U.S. District Judge Robert Dow of the Northern District of Illinois issued a ruling allowing two of four copyright claims filed by sports psychologist Dr. Keith Bell to move forward against the Chicago Cubs and a mental health director for the baseball organization regarding a Twitter post containing a passage from Dr. Bell’s book Winning Isn’t Normal.

JASRAC to Trial Blockchain System for Copyright Management of Japanese Music – On Tuesday, February 4, the Japan Music Copyright Association (JASRAC) announced that it would be conducting a demonstration experiment to implement blockchain technology that is expected to improve the efficient distribution of information for a streamlined copyright management platform among the organization’s stakeholders.

Cox Communications Files Motions for Remittitur, New Trial in $1 Billion Copyright Case – On Friday, January 31, digital cable provider Cox Communications filed motions for remittitur and a new trial in the Eastern District of Virginia seeking to undo what Cox calls a “grossly excessive” and “shocking” jury verdict award of nearly $1 billion for failing to address repeated copyright violations by its customers regarding more than 10,000 song recordings.

This Week on Wall Street

Biogen Stock Spikes After Beating Mylan Challenge at PTAB – On Wednesday, February 5, shares of Biogen stock were up by 32% after the company announced that the PTAB had denied the institution of IPR proceedings to challenge the validity of Biogen’s patents covering its multiple sclerosis treatment Tecfidera.

Patent Challenges Lead to 5% Drop in Gilead Stock – On Wednesday, February 5, shares of Gilead Sciences stock dropped by nearly 5% after a Chinese university filed a patent application on a coronavirus treatment developed by Gilead and the PTAB denied validity trials against two U.S. patents asserted against Gilead’s HIV treatments.

Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2018 are announcing quarterly earnings next week (2018 rank in parentheses):

  • Monday: Carl Zeiss SMT GmbH (t-227th)
  • Tuesday: None
  • Wednesday: Applied Materials, Inc. (t-69th); Cisco Systems, Inc. (40th); Shimano Inc. (t-209th); Sumitomo Rubber Industries, Ltd. (t-173rd)
  • Thursday: Borgwarner Inc. (176th); Japan Display Inc. (64th); Nissan Motor Co., Ltd. (t-123rd); Nvidia Corp. (t-156th); Toshiba Corp. (30th)
  • Friday: None

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