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Court Unseals Documents in Gilead Lawsuit Alleging Massive Counterfeit HIV Drug Scheme

The U.S. District Court for the Eastern District of New York yesterday unsealed documents in an anticounterfeiting suit filed last year by Gilead Sciences, Inc. against a slew of defendants who Gilead alleges sold, marketed, and distributed counterfeits of its HIV medications. Gilead’s complaint seeks immediate monetary and injunctive relief, including seizure at certain of the defendants’ premises, as well as relief for trademark and trade dress infringement and trademark dilution, among other alleged violations…. According to the unsealed complaint and motion for relief, the accused companies sold “authentic-looking bottles of Gilead HIV and other medication to distributors and pharmacies throughout the United States, including in New York City, who in turn dispensed them to patients.”

This Week in Washington IP: America’s Sputnik Moment with China, Promoting Secure Transatlantic Supply Chains for Critical Tech, and the Energy Impacts of Crypto Mining

This week in Washington IP news, several committee hearings in the House of Representatives will focus on major tech issues. The House Oversight Committee on Thursday explores the energy impacts of cryptocurrency mining, while on Wednesday afternoon the House Europe Subcommittee will discuss ways to improve resiliency in transatlantic supply chains for critical technologies. Elsewhere, the Center for Strategic & International Studies will welcome former USPTO Director Andrei Iancu for a discussion regarding whether America’s tech policy is forcing the nation into another Sputnik moment in the race against China to build a strong domestic semiconductor industry.

Other Barks & Bites for Friday, January 14: Property Rights Groups Oppose SEP Draft Policy Statement, PTAB POP Issues Ruling on Wire Transfer of IPR Filing Fee, and SCOTUS Denies Appeal in Breach of Royalty Agreement Case

This week in Other Barks & Bites: Nominees Kathi Vidal and Judge Leonard Stark clear the Senate Judiciary Committee; PTAB Precedential Opinion Panel says Fedwire confirmation constitutes payment for purpose of inter partes review (IPR) filing date; IFI CLAIMS reports show that IBM leads U.S. patent grants and Samsung leads global patent ownership; the Fifth Circuit affirms a bankruptcy court’s approval of the sale of a cargo vessel incorporating patented technology; the Supreme Court denies certiorari to Warsaw Orthopedic’s appeal of a ruling that it breached an agreement to pay patent royalties; Alan Davidson is confirmed as head of the NTIA to direct $48.2 billion broadband infrastructure investment; a coalition of 28 property rights groups oppose the recent draft policy statement on negotiation FRAND licensing terms for SEPs; and more.

This Week in Washington IP: Votes Rescheduled for Stark and Vidal, Examining the Proposed COVID-19 TRIPS Waiver, and Impacts of Electric Vehicle Investments

This week in Washington IP news, following a cancellation last week, the Senate Judiciary Committee will vote this week on a series of nominations from the Biden Administrations to fill vacancies at both the Federal Circuit and the U.S. Patent and Trademark Office. In the House of Representatives, the Oversight Committee explores possible updates to the Federal Information Security Management Act in light of a spate of cyber attacks on federal agencies, while the Agriculture Committee focuses on the impact of electric vehicle investments in U.S. agriculture and rural communities. Elsewhere, the Federalist Society hosts an event with two former USPTO Directors on the potential impacts of the proposed TRIPS waiver for COVID-19 vaccines, and the Information Technology & Innovation Foundation explores the potential of a national strategic-industry policy in helping the U.S. meet the challenges of its competitive economic rival China.

Other Barks & Bites for Friday, January 7: ITC Rules Google Audio Players Infringe Sonos Patents, China Bans Most Exclusive Music Licensing Agreements, French Data Regulators Issue Record Fine Against Google

This week in Other Barks & Bites: China unveils its goals for improving IP rights during the country’s 14th Five-Year Plan, even as the country’s copyright administration announces a ban on most exclusive music licensing deals; the Federal Circuit affirms the validity of Novartis patent claims over Chief Judge Moore’s dissent over the majority’s treatment of the written description requirement; the U.S. International Trade Commission (ITC) rules that Google audio players infringe upon Sonos patents and enters a limited exclusion order against their importation; Senator Tillis announces his intention to vote in favor of confirming Kathi Vidal as USPTO Director; hedge funds shed tech stocks at the highest rate in more than 10 years; Allele settles its patent infringement suit against Pfizer and BioNTech over their development of a COVID-19 vaccine; and French data protection regulators announce fines against American tech firms over their use of tracking cookies, including a record fine against Google.

USPTO Outlines Trademarks Administrative Sanctions Process

The U.S. Patent and Trademark Office today announced in an unpublished Federal Register Notice that it has established an administrative process for investigating submissions filed with the USPTO in trademark matters that appear to violate the Trademark Rules of Practice. The announcement comes as part of the USPTO’s broader effort to improve the integrity of the U.S. trademark register amid a surge in fraudulent filings, largely from China.

The Road Ahead: Predicting IP Developments to Watch in 2022

Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar. Here is what our contributors had to say.

Only in Your Dreams: Patent Stakeholders Share Their IP Wishes for the New Year

It’s New Year’s Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”) Responses this year ranged from the practical (that Kathi Vidal and Leonard Stark will be confirmed to their respective nominations) to the fantastical (the invention of a teleporting machine) – and we even got a poetry submission! Read on for more of our readers’ wildest IP dreams, and Happy New Year!

Other Barks & Bites for Friday, December 31: CAFC Moves to Telephonic Hearings, Ikorongo Challenges CAFC Mandamus Ruling at Supreme Court and More

The Federal Circuit issues precedential decisions finding Intel has Article III standing to appeal Qualcomm IPRs from the PTAB; the Federal Circuit announces oral arguments in January 2022 will be telephonic; Germany’s patent office announced that urban air mobility patent application filings have tripled from 2016 to 2020; the PTAB institutes an IPR proceeding on one of two patents involved in VLSI Technologies’ $2.18 billion infringement verdict against Intel; the Japanese government plans to introduce a law paying patent applicants to keep patents covering technologies with potential military applications secret; the Copyright Office ends timing adjustments under its CARES Act authority; Ikorongo Texas files a petition for writ of certiorari asking the Supreme Court to reverse the Federal Circuit’s mandamus ruling transferring a patent infringement case from Western Texas to Northern California; and more.

The IP Developments that Mattered: Insiders Shed Light on the Headlines of 2021

The new year is just a few days away, and it is once again time to ponder the biggest moments and events in the world of intellectual property from the previous 12 months. As we do every year, we asked a panel of industry experts for their insights for our Biggest Moments in IP series, which is the longest running series on IPWatchdog.com. This year, while the role of IP and innovation in the COVID-19 pandemic continued to make the cut, other top picks included the Google v. Oracle Supreme Court copyright decision, the Biden Administration’s support for a waiver of IP rights under the Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-related technologies, and the administration’s draft language on a new policy statement relating to standard essential patents (SEPs). Here are what this year’s panel of experts identified as the biggest moments in IP for 2021.

Other Barks & Bites for Friday, December 24: Judge Stark Avoids Responses on Section 101 Questions, EPO Dismisses DABUS Patent Applications

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;…

Other Barks & Bites for Friday, December 17: Mauskopf Says AO Will Study Western Texas Patent Case Assignments, USPTO Proposes Rule on Electronic-Only Patent Certificates, and Senate Confirms Lucy Koh to the Ninth Circuit

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 Washington IP: Accelerating COVID-19 Vaccinations Globally, The Impact of Monopolies on American Innovation, and Compensating Creators in Today’s Content Ecosystem

This week in Washington IP news, both houses of Congress are slowing down prior to the Christmas holiday, but Senate committees will hold hearings on the potential adoption of stablecoins into the U.S. financial system, as well as the impact of consolidation and monopolies on American innovation. In the House, the House Select Subcommittee on the Coronavirus Crisis will debate ways to accelerate global vaccination rates. Elsewhere, the Hudson Institute hosts an event exploring new avenues for compensating copyright owners in the new content ecosystem, while the Information Technology & Innovation Foundation will explore evidence of China’s broken promises on economic policy during its two decades as a member of the World Trade Organization.

Other Barks & Bites for Friday, December 10: Warhol Foundation Files SCOTUS Petition on Transformative Fair Use Ruling, China Receives 815,000 Irregular Patent Applications During 2021, and Senators Introduce Social Media Transparency Bill

This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S. Copyright Office is studying and requesting comment on a proposal to defer registration examination; a bipartisan group of Senators introduce a new bill that would require social media companies to provide data to NSF-vetted independent researchers; Toyota Motor announces that it will shutdown production at two Japanese facilities due to labor and supply chain issues; the Warhol Foundation files a petition for cert to appeal the Second Circuit’s ruling that Andy Warhol’s Prince series was not a transformative fair use of the original photograph; the Supreme Court denies a petition for cert asking the Court to answer whether the foreign doctrine of equivalents applies to terms that are generic in other English-speaking countries; the Federal Circuit reverses an infringement verdict in favor of AstraZeneca over Judge Taranto’s dissent that the majority improperly construed a claimed percentage of excipient used in an asthma treatment; and China’s IP administration announces that it has received 815,000 irregular patent applications during 2021, the vast majority of which have been struck upon review.

CAFC Upholds PTAB Ruling for Corcept, Finding Teva Failed to Show a Reasonable Expectation of Success

The U.S. Court of Appeals for the Federal Circuit in a precedential decision yesterday affirmed a Patent Trial and Appeal Board (PTAB) decision that Teva Pharmaceuticals had failed to prove Corcept Therapuetics’ U.S. Patent No. 10,195,214 would have been obvious. The patent covers methods of treating Cushing’s syndrome, a disease caused by excessive levels of the naturally occurring steroid hormone, cortisol. Chief Judge Moore authored the opinion.