Posts Tagged: "IP News"

Other Barks & Bites for Friday, June 4: EU Plans Alternative to Vaccine Patent Waiver Proposal, CAFC Finds Prosecution Laches as Section 145 Defense for USPTO, and Antitrust Investigations into Facebook Marketplace Launched in EU and UK

This week in Other Barks & Bites: Officials in the European Union are developing an alternative proposal to the waiver of international patent rights under TRIPS for COVID-19 vaccines; GM revises second quarter profit guidance upward after shifting production to truck models; the Federal Circuit holds that the defense of prosecution laches is available to the USPTO in Section 145 civil suits over patent claims; a Lex Machina IP litigation report shows that copyright and trademark lawsuit filings have been down throughout the COVID-19 pandemic; antitrust regulators in the EU and the UK announce separate investigations into Facebook’s cross-promotion of its Marketplace e-commerce platform; Chinese IP officials call for domestic patent firms to stop filing irregular patent applications; and the EUIPO reports that 21 percent fewer fake goods were detained within the EU’s internal market, although the value of counterfeit goods seized did not fall from 2018 to 2019.

Other Barks & Bites for Friday, May 21: Congress Attacks AbbVie’s Humira Patent Practices, SCOTUS Denies Cert in Enbrel Patent Case and Germany’s Bundestag Passes Controversial ‘Minor Use’ Copyright Provision

This week in Other Barks & Bites: the House Oversight Committee takes action against AbbVie’s patent practices regarding its blockbuster drug Humira; TSMC increases microcontroller output by 60% to address the global chip shortage; the Ninth Circuit affirms that USPTO communications with patent applicants are not information collections under the Paperwork Reduction Act; the U.S. Supreme Court denies cert to a Sandoz appeal on issues of double patenting involving the autoimmune disorder treatment Enbrel; Germany’s federal parliament passed a bill implementing the EU Copyright Directive including a controversial “minor use” provision; China joins the EUIPO’s TMview database; the USPTO issues proposed rules to implement the Trademark Modernization Act; and the USITC institutes a Section 337 patent infringement investigation against Apple’s wearable ECG devices.

Other Barks & Bites for Friday, May 14: Tai Testifies in Senate on IP Waiver; Australia Introduces Medical and Biotech Patent Box, China Announces 20% Growth in Belt & Road Country Patenting

This week in Other Barks & Bites: U.S. Trade Representative Katherine Tai testifies before the Senate Finance Committee, where lawmakers express their concerns about waiving IP rights under the TRIPS Agreement; Federal Circuit remands New Vision Gaming for proceedings consistent with Arthrex, avoiding difficult questions on potential due process violations at the PTAB; a Sonos SEC filing reveals a preliminary injunction win against Google’s Cast technology in Germany; Australia’s 2021-22 federal budget includes a patent box that will reduce taxable income related to medical and biotech patents; Alvotech files a lawsuit accusing AbbVie of maintaining an unlawful monopoly over its blockbuster drug Humira; the UK High Court nixes alternative service to Huawei subsidiaries which could delay a 3G patent case by two to three years; consulting firm AlixPartners expects the automotive industry to lose $110 billion in revenues due to the chip shortage; and China announces nearly 20% growth in 2020 patent grants to Chinese entities from countries participating in China’s Belt and Road Initiative.

Other Barks & Bites for Friday, May 7: FTC Issues Report to Congress on Repair Restrictions, SCOTUS Calls for Solicitor General Brief in American Axle and USPTO Seeks to Hire Hundreds of Patent Examiners

This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) announces a hiring initiative to fill hundreds of patent examiner positions at its Alexandria headquarters; Samsung and Ericsson enter a global cross-license agreement ending all patent litigation between the two companies; the FTC issues a report to Congress finding scant evidence to support justifications for copyright protecting measures on software and other repair restrictions; IBM announces the creation of a new 2-nm semiconductor that will have widespread industry applications; the Federal Circuit affirms a Rule 60(b)(3) ruling setting aside an injunction for patent infringement after the patent owner’s expert witness misrepresented knowledge of invalidating prior art; the Supreme Court asks the U.S. Solicitor General to file a brief on the Section 101 issues involved in American Axle; and Register Perlmutter tells the House Judiciary Committee that she believes Section 512 of the DMCA needs fine-tuning for better balance between online platforms and rightsholders.

This Week in Washington IP: Advancing NSF Scientific Research, Addressing Equity in AI and Broadband, and Clean Energy R&D Legislation

This week in Washington IP news, the Senate remains largely quiet as it enters a scheduled state work period on the 2021 legislative schedule. However, the House of Representatives has several hearings scheduled related to R&D, including a legislative markup hearing by the House Energy Subcommittee focusing on a pair of bills involving efforts to support clean energy research and a House Communications and Technology Subcommittee hearing on addressing gaps in broadband Internet equity for rural and tribal communities. Elsewhere, the Information Technology & Innovation Foundation hosts events this week exploring recent EU calls for global AI regulation as well as increased focus by antitrust regulators on so-called “killer acquisitions.”

Other Barks & Bites for Friday, April 30: Brazil Senate Passes COVID-19 Patent Waiver Bill, Cornyn Mulls Expanding ITC’s Section 337 Authority; China Says It Leads World in 6G Patent Applications

This week in Other Barks & Bites: the full Senate Judiciary Committee approves the IDEA Act, moving it towards a Senate floor vote; China’s IP administration issues statistics purporting to show that the country leads in global patent applications for 6G networking technologies; the Federal Circuit affirms an ITC ruling against Bio-Rad over that company’s arguments that it was a co-inventor of patents asserted by 10X Genomics; AG Pitruzzella tells the CJEU that PDO products should be protected against all forms of commercial parasitism; the European Commission increases antitrust pressure against Apple for abusing its market-dominant position in app stores; the Copyright Office issues an NPRM for expediting copyright registrations for works involved in claims or counterclaims in front of the Copyright Claims Board; and Brazil’s Senate passes a bill setting a framework for COVID-19 patent waivers for consideration by the lower house of Brazil’s Congress.

Other Barks & Bites for Friday, April 23: Kimberly Moore to Become Chief Judge of CAFC, App Association Applauds Apparent DOJ Action on IEEE Letter, and Supreme Court Hears Arguments in Patent Assignor Estoppel Case

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 Washington IP: IP Protections for COVID-19 Vaccines, Increasing Inclusivity in the U.S. Patent System and App Store Antitrust Issues

This week in Washington IP news, committees in the House of Representatives will debate ways to increase broadband and mobile Internet infrastructure across rural America, as well as the ARTS Act for waiving certain copyright registration fees. In the Senate, the IP Subcommittee will take a look at tackling inclusivity issues in the U.S. patent system, while the Senate Antitrust Subcommittee will grill representatives from Apple and Google on anticompetitive business practices related to their app stores. Elsewhere, the Information Technology & Innovation Foundation will explore multi-cancer early detection technologies while the Center for Strategic & International Studies closes out the week with a look at the importance of IP protections during the COVID-19 pandemic in developing vaccines and other treatments. 

Other Barks & Bites for Friday, April 16: Apple Gets New Damages Trial in Optis Wireless Case, Tillis Again Urges Biden Administration to Snub TRIPS Waiver, and Fifth Circuit Affirms FTC Penalty Against Impax Pay-for-Delay Settlement

This week in Other Barks & Bites: Senator Thom Tillis Urges Commerce Department and U.S. Trade Representative heads not to be pressured into voting in favor of proposals to waive IP obligations under the TRIPS Agreement; a Federal Circuit panel hears oral arguments in New Vision Gaming’s appeal regarding due process violations at the Patent Trial and Appeal Board; China’s GDP has largest recorded year-over-year increase as the country’s economy returns to some normalcy following the COVID-19 pandemic; the Fifth Circuit affirms Federal Trade Commission antitrust charges against Impax Labs for delaying entry of its generic version of Opana ER; Puma and U.S. Olympic Committee settle their trademark dispute over city-plus-year trademarks for Olympic events; Judge Gilstrap orders a new damages trial in Optis Wireless’ patent case against Apple after finding that the jury wasn’t informed of Optis’ FRAND licensing obligations; and Walmart enters a $2.75 billion funding round for GM’s Cruise self-driving subsidiary.

Other Barks & Bites for Friday, April 9: Supreme Court Issues Major Win for Google, Brazil Suspends Patent Term Extensions During COVID-19 and CAFC Finds No Standing for Apple to Appeal PTAB Decisions for Qualcomm

This week in Other Barks & Bites: the Federal Circuit finds that Apple’s patent licensing agreement with Qualcomm eliminated standing to appeal IPRs from the PTAB; the Second Circuit hears oral arguments in copyright lawyer Richard Liebowitz’s sanctions appeal as well as an appeal of antitrust claims against Takeda over improper extensions of FDA exclusivity for Actos; the Supreme Court rules that Google’s copying of Oracle’s Java API was fair use; Brazil’s highest court enters a preliminary ruling eliminating patent term extensions for drug patents during the COVID-19 pandemic; German automakers BMW and Mercedes-Benz see record quarters of sales while GM announces plans to shutter more factories due to the global chip shortage; and Nokia and Lenovo enter into a cross-licensing agreement ending worldwide patent litigation between those two companies.

Other Barks & Bites for Friday, April 2: GAO Report Shows No Federal Government Patent Rights in Remdesivir, Second Circuit’s Warhol/Prince Ruling Limits Fair Use Doctrine, and Ex-USPTO Director Iancu Rejoins Irell & Manella

This week in Other Barks & Bites: Senators Tillis and Leahy urge the appointment of several key IP officials, including USPTO Director, before World IP Day; former USPTO Director Andrei Iancu rejoins his former firm Irell & Manella in their IP litigation practice; a trademark trends report published by Dechert LLP shows China accounting for 25% of the record number of U.S. trademark applications filed in 2020; TSMC announces plans to invest $100 billion over three years to increase chip manufacturing; the Second Circuit issues a ruling finding that Andy Warhol’s silkscreen prints of music legend Prince was not a fair use of the copyrighted photo; the Fourth Circuit vacates a nearly $100 million trademark verdict against Walmart for an improper jury instruction on willfulness; and the GAO issues a report showing that $162 million in federal funding for clinical trials of remdesivir gave rise to no patentable inventions owned by the U.S. government.

Other Barks & Bites for Friday, March 26: Copyright Office Seeks Comments on CASE Act Implementation, China Launches Action Against Trademark Squatters and Eastern Texas Jury Enters $308.5 Million Award Against Apple

This week in Other Barks & Bites: Stanford University suffers another Section 101 loss at the Federal Circuit for its haplotype phase determination patent claims; the EU’s highest court rules that the existence of a manufacturing process patent involving a pharmaceutical composition in the public domain is not an insurmountable barrier to competition; China’s IP administration announces a special enforcement campaign against entities engaging in malicious trademark squatting; the Fourth Circuit finds domain name claims filed against the Republic of France are barred by sovereign immunity; a jury verdict in Eastern Texas finds Apple liable for $308.5 million in reasonable royalties for infringing digital rights management patent claims; and the U.S. Copyright Office seeks public comment on implementing rules and procedures for the Copyright Claims Board established by the CASE Act.

Other Barks & Bites for Friday, March 19: Sen. Tillis Urges No Section 512 Safe Harbors in Future FTAs, Federal Circuit Finds Authority to Issue Mandamus for PTAB Institution Denials, and House Antitrust Subcommittee Addresses SEPs

This week in Other Barks & Bites: the Federal Circuit issues an order on motion finding that it has authority under the All Writs Act to issue mandamus relief for PTAB institution denials; China’s national IP agency announces plans to crack down on “irregular patent applications” filed for bad faith purposes; Sen. Tillis writes a letter to newly confirmed USTR Tai urging strong data exclusivity protection for biologics and no language mirroring Section 512 safe harbors under the DMCA in any future free trade agreements; the Fourth Circuit joins the Seventh and Ninth Circuits in finding that appellants seeking review of a second TTAB decision after Federal Circuit remand may proceed to appeal in federal district court; Google CEO Pichai announces that the Internet services giant plans to invest $7 billion in facility expenditures through 2021; and the Copyright Office increases the number of public roundtables for its MMA unclaimed royalties study due to high volume demand for participation.

This Week in Washington IP: Tech Antitrust in the Biden Era, Combating Online Sales of Counterfeits and Rebuilding the Federal Science Workforce

This week in Washington IP news, the Senate Energy Committee will discuss R&D initiatives underway to reduce greenhouse gas emissions from the nation’s transportation sector. Over in the House of Representatives, several subcommittees will hold hearings related to Big Tech antitrust issues, ways to rebuild the federal scientist workforce and the SHOP SAFE Act, which would amend U.S. trademark law to create contributory liability to platforms allowing counterfeit sales. Elsewhere, the Hudson Institute will focus on transatlantic efforts to incorporate antitrust efforts into IP licensing, while the Information Technology & Innovation Foundation explores the potential impacts of the Digital Markets Act in the EU.

Other Barks & Bites for Friday, March 12: CAFC Affirms 101 Rejection of Stanford Personalized Health Patent Claims, Judge Albright Oversaw 20% of 2020 Patent Cases and Tillis to Co-Chair Cybersecurity Caucus

This week in Other Barks & Bites: Senator Thom Tillis announces he will co-chair the Senate Cybersecurity Caucus; a local business news outlet reports that the United States Patent and Trademark Office could be downsizing its office space footprint in Northern Virginia; a Lex Machina report shows that Judge Albright’s docket covered nearly 20% of all patent cases filed during 2020; Johnson & Johnson gets an important regulatory approval to sell its COVID-19 vaccine in the EU; Facebook moves to dismiss the Federal Trade Commission’s antitrust suit for failing to state a plausible claim under the Sherman Act; the IDEA Act is reintroduced into Congress to provide authority for the voluntary collection of demographic data from U.S. patent applicants; the EU’s highest court rules that copyright owners can prevent their works from being embedded on third-party websites by employing technological protective measures against framing; and the Federal Circuit affirms a patent examiner’s rejection of Stanford University patent claims covering personalized healthcare methods as unpatentable subject matter under Section 101.