Posts Tagged: "IP News"

Other Barks & Bites for Friday, March 5: China Leads World in 2020 PCT Filings, Copyright Office Issues Rules on Music Modernization Act, and USIJ Urges President Biden to Pick Patent-Friendly USPTO Director

This week in Other Barks & Bites: USIJ’s letter to President Biden urges him to select a USPTO Director who understands the important role of IP in driving the U.S. economy; the Federal Circuit affirms the dismissal of breach of contract claims against the U.S. Army over its disapproval of requests to use its trademarks; the Supreme Court hears oral arguments in Arthrex regarding the unusual nature of the Patent Trial and Appeal Board; WIPO releases statistics showing that China led the world in international Patent Cooperation Treaty filings for 2020; Delaware’s Supreme Court tosses a $57 million damages award for GSK after finding an implied covenant not to collect royalties for disclaimed patents; the Copyright Office issues supplemental rules regarding certain reporting requirements under the Music Modernization Act; and General Motors and LG Chem are reportedly exploring plans to build a second EV battery factory in the United States.

Other Barks & Bites for Friday, February 26: Tillis Tells Biden to Oppose Anti-IP Efforts at WTO; China Patent Commercialization Jumps 2.5x During 13th Five-Year Plan; Federal Circuit Finds U.S. Navy Liable for Copyright Infringement

This week in Other Barks & Bites: Senator Tillis asks Biden to snub anti-IP proposals to the World Trade Organization; China’s national IP agency released statistics for the five year period from 2016 to 2020 showing major increases in patent commercialization activity; the Eleventh Circuit affirms a summary judgment ruling in favor of Stephen King in a copyright case over “The Dark Tower” novel series; a Northern California grand jury investigation leads to expanded charges against a former Stanford University researcher; Taylor Swift’s IP holding company files a copyright suit against the Evermore theme park in Utah; the Federal Circuit rules that the Navy breached an implied license to its use of a 3D graphics rendering software program, resulting in copyright infringement liability; TikTok enters a proposed $92 million settlement agreement over data privacy claims; and the Copyright Office issues a final rule on the registration of works associated with a music album, including liner notes and cover art.

Other Barks & Bites for Friday, February 19: Tillis Advises Biden on USPTO Director Pick, CNIPA Issues Patent Application Quality Guidelines, and Digital Service Providers Pay $424 Million to Mechanical Licensing Collective

This week in Other Barks & Bites: a bill amending copyright law to increase liability for online platforms republishing news snippets is introduced into Canada’s Senate; Senator Tillis asks President Biden to select a USPTO Director who will retain reforms wrought during Andrei Iancu’s tenure; the Senate IP Subcommittee leadership sends follow-up questions to Facebook regarding access to its Rights Manager; China’s IP administration issues guidelines for patent application filings which are designed to reduce poor quality filings; Pharrell Williams escapes liability for perjury for his testimony during the copyright case over “Blurred Lines”; the PTAB decides against a discretionary denial of an IPR filed against an independent inventor despite a November trial date in district court; the Technical University of Munich joins an EPO-EUIPO joint IP education program; and digital service providers pay more than $424 million to the Mechanical Licensing Collective to qualify for limited liability under the Music Modernization Act for past infringements.

Other Barks & Bites for Friday, February 12: USPTO Expects 3% Drop in Patent Application Filings During Pandemic, Federal Circuit Issues Three Precedential Decisions, China Releases Draft Drug Patent Linkage Rules

This week in Other Barks & Bites: China’s IP agency releases a public draft of drug patent linkage measures for public comment; Acting USPTO Director Hirshfeld tells the Patent Public Advisory Committee that the agency expects a 3% decline in patent application filings during the pandemic; the EU’s highest court rejects a trademark appeal from one of the continent’s largest retailers; Singapore releases a discussion draft of copyright law amendments that will go into effect later this year; an Eastern Texas magistrate judge recommends that Gree’s city-building video game patent claims should survive summary judgment over a collateral estoppel argument by Supercell; the Copyright Office announces an interim rule on the treatment of confidential information by the Music Modernization Act’s mechanical licensing collective; Volkswagen and Microsoft announce a partnership to collaborate on cloud-based automated driving solutions; and the Federal Circuit nixes patent claims covering methods of maintaining a customer loyalty program which were previously allowed by the PTAB under Section 101. 

Other Barks & Bites for Friday, February 5: CAFC Strikes Down PTAB’s ‘Marked Deviation’ From IPR Petition; Fourth Circuit Rules on Appropriate Defense to Lanham Act Claims; and FTC Settles Action Against Zoom

This week in Other Barks & Bites: the Federal Circuit vacated a PTAB ruling that invalidated patent claims over prior art on different grounds than those asserted by the petitioner; the CJEU finds that a German state treaty prohibiting regional advertisements in national TV networks may violate EU law; the Fourth Circuit holds that laches and not a statute of limitations is the appropriate defense against unfair competition claims filed under Section 43(a) of the Lanham Act; Kia Motors continues to explore potential business partnerships for a $3 billion investment into developing a car with Apple; Japan announces that it will amend its rules surrounding fair use to address copyright infringement posed by paid cosplayers; Home Depot faces a patent lawsuit over the sale of various LED products; and the FTC settles an enforcement action against Zoom over claims that the company mislead consumers about its data security practices.

This Week in Washington IP: Raimondo Nomination Hearings Continue, the EU’s Path to AI-Enabled Healthcare and Open Source Tools Impacting the Future of Science

This week in Washington IP news, both the House of Representatives and the Senate remain quiet during these early days of the 117th Congress, although the Senate Commerce Committee will continue to consider the nomination of Gina Raimondo to serve as President Biden’s Secretary of Commerce. In policy institutes, The Wilson Center explores the potential of low-cost open source tools in improving the future of science while the Information Technology & Innovation Foundation focuses on the European Commission’s plans for incorporating emerging AI technologies in the healthcare sector. The U.S. Patent and Trademark Office also hosts a few informational webinars on IP basics, trademark registration and protecting IP assets in China.

Other Barks & Bites for Friday, January 29: China Announces End to Patent Application Subsidies By 2025, Fourth Circuit Moots Nike Trademark Appeal and Facebook Mulls Antitrust Suit Against Apple

This week in Other Barks & Bites: The New York Times reports that Facebook may be contemplating pursuing legal actions against Apple’s anticompetitive app store behaviors; China announces increased utility model patent grants and PCT patent application filings during 2020 and announces an end to government subsidies for patent filings by 2025; UK’s IP enforcement court finds that listings are not directed to UK or EU consumers; Huawei’s announces fourth quarter earnings showing a steep decline in global smartphone shipments; the Fourth Circuit moots Nike’s appeal of a preliminary injunction after the athletic apparel maker ended a trademark infringing ad campaign; and the Federal Circuit reverses part of a Delaware district court’s summary judgment ruling over a question as to whether a patent license agreement barring infringement claims had been terminated.

Other Barks & Bites for Friday, January 22: Iancu and Peter Step Down from USPTO, CJEU Asked Whether Preliminary Injunction Standard Burdens Patent Owners, SCOTUS Denial Leaves Invalidation of Idenix Genus Patent Claims Untouched

This week in Other Barks & Bites: an industry group representing French news publishers and Google reached a first-of-its-kind agreement on a copyright licensing framework for republishing news snippets online; USPTO Director Andrei Iancu and Deputy Director Lisa Peter announce their intention to step away from the agency during the Biden Administration; President Biden designates Jessica Rosenworcel to serve as acting Chairwoman of the Federal Communications Commission; BlackBerry’s patent settlement with Facebook helps shares of that company increase by as much as $20 per share; the FCC’s annual broadband report shows that the digital divide is decreasing for rural Americans who had lacked access to 4G LTE mobile communications; the Supreme Court strikes down a petition for certiorari filed by Idenix seeking to overturn the Federal Circuit’s invalidation of genus claims for Section 112 enablement issue; and the Court of Justice of the European Union is asked whether German law on preliminary injunctions in infringement proceedings is unduly burdensome on patent owners.

Other Barks & Bites for Friday, January 8: Court Ruling Forbids Amazon’s AWS Logo in China, Amicus Briefs Filed in Arthrex and Copyright Office Issues Rule on MMA’s Public Musical Works Database

This week in Other Barks & Bites: the Federal Circuit enters a noninfringement ruling for uCloudlink after reversing the district court on claim construction and moots ABS’ appeal of IPR proceedings for which it petitioned, over a dissent from Chief Judge Prost; the USPTO announces its first National Council for Expanding American Innovation meeting; the U.S. Copyright Office issues an interim rule on categories of information and other usage issues regarding the MMA’s public musical works database; a Chinese court rules that Amazon cannot use its AWS logo to advertise cloud services in China; amicus filings in U.S. v. Arthrex note due process issues and other concerns at the Patent Trial and Appeal Board (PTAB); Acacia Communications tries to nix its acquisition agreement with Cisco after Chinese antitrust regulators delay approval; and Ericsson challenges Samsung with a Section 337 complaint at the ITC over the sale of electronic devices with wireless connectivity.

Other Barks & Bites for Friday, November 20: USPTO Extends Comment Period for Discretion on PTAB Institutions, ITC Rescinds Orders in Rovi Case Against Comcast and CAFC Says CBM Determinations Not Appealable Under Thryv

This week in Other Barks & Bites: the USPTO issues a final rule on trademark fee adjustments at the agency and also extends the public comment period for soliciting input on the agency’s exercise of discretion in institution trials at the PTAB; the UKIPO issues updates to post-Brexit rules narrowing acceptable Addresses for Service on agency filings; the Federal Circuit affirms a $90 million infringement verdict against GlaxoSmithKline’s sale of Ellipta inhalers, and rules that the Supreme Court’s decision in Thryv renders non-appealable the PTAB’s determination of a challenged patent’s eligibility for covered business method (CBM) review; GM announces a $7 billion increase to the company’s now-$27 billion plan to invest in electric vehicle and autonomous vehicle development; the ITC rescinds limited exclusion and cease and desist orders entered in a Section 337 proceeding brought by Rovi against Comcast; and the Second Circuit revives trademark infringement claims after finding bad faith in defendant’s employee emails regarding the development of a car air freshener designed to create consumer confusion.

Other Barks & Bites for Friday, November 6: CAFC Limits Venue in ANDA Cases, VirnetX Scores $503 Million Infringement Verdict Against Apple, and CRISPR Patent Revoked by European Patent Office

This week in Other Barks & Bites: the Federal Circuit rules that “acts of infringement” under Section 1400(b) limits venue in Hatch-Waxman patent cases to jurisdictions where ANDA submission activities took place; A Technical Board of Appeal of the European Patent Office Upholds the revocation of a patent for CRISPR gene editing technology; Skidmore files a petition for rehearing of a petition for writ of certiorari in the “Stairway to Heaven” copyright case; the U.S. Patent and Trademark Office and the Copyright Office issue notices related to studies on IP infringement committed by sovereign state actors; the Copyright Office also issued a supplemental notice of proposed rulemaking (NPRM) related to statements of accounts submissions and payment of accrued royalties under the MMA; a magistrate judge in Southern New York denies a request to determine the accuracy of the copyright registration for the Phillie Phanatic baseball mascot; Amazon announces a second regional infrastructure for AWS in India by mid-2022; and VirnetX wins a $502.8 million infringement verdict over Apple’s infringement of patent claims covering virtual private network technologies.

Other Barks & Bites for Friday, October 30: USPTO Issues ‘’ Trademark Guidance, Ninth Circuit Denies En Banc Petition in FTC v. Qualcomm and UMC Faces $60 Million in Criminal Fines for Trade Secret Theft

This week in Other Barks & Bites: the Federal Circuit reverses a lower court’s erroneous application of the first-to-file rule in denying a motion to transfer venue in a patent case, and also finds standing for parties bringing a statutory cause of action for trademark cancellation proceedings; the USPTO issues trademark examiner guidance following the Supreme Court’s ruling in USPTO v. as well as a benchmark study showing a 100% increase in AI patent applications between 2002 and 2018; registration for short online literary works is now available through the Copyright Office’s electronic registration system; the Ninth Circuit denies the Federal Trade Commission’s petition for en banc rehearing in its antitrust case against Qualcomm; Moderna reports $1.1 billion in customer deposits for its yet-to-be-approved COVID-19 vaccine; the Department of Justice announces $60 million in criminal trade secret fines to United Microelectronics Company; and Eko seeks a temporary restraining order to freeze Quibi’s assets related to IP infringement claims totaling nearly $100 million.

Other Barks & Bites for Friday, October 23: Senate Judiciary Committee Votes to Subpoena Tech CEOs, Google Faces DOJ Antitrust Suit, and Chinese Patent Law Amendments to Increase Willful Infringement Damages

This week in Other Barks & Bites: during a meeting to vote on the nomination of Amy Coney Barrett to the U.S. Supreme Court and other judicial nominees, the Senate Judiciary Committee also approved a motion to authorize subpoenas against Twitter and Facebook relating to online content moderation; the Standing Committee of China’s national legislature approved revisions to the country’s patent law that would increase punitive damages for willful infringement; the Eleventh Circuit reverses grants of summary judgment in a trade dress case between Gorilla Glue and J-B Weld; MasterObjects tells the PTAB that Facebook is a real party in interest in Unified Patents IPR; the DOJ and 10 state AGs file antitrust charges against Google’s monopoly in Internet search; the ITC institutes an investigation into OLED devices sold by Apple and Samsung; the USPTO issues a request for comments regarding whether to engage in rulemaking to codify the discretionary denial framework for IPRs at the PTAB; Gilead’s Veklury remdesivir product becomes the first FDA-approved treatment for COVID-19; and Honeywell and Microsoft announce a new partnership to develop industrial workplace cloud platforms.

Other Barks & Bites for Friday, October 16: Federal Circuit Makes Claim Construction Rulings, Copyright Office Issues Section 1201 Proposed Rulemaking, China’s Legislature Discusses Enhanced Patent Protections

This week in Other Barks & Bites: the Copyright Office issues a notice of proposed rulemaking on 17 proposed classes of use to be included in the eighth triennial round of exemptions to Section 1201 of the DMCA; the Federal Circuit partially reverses a Patent Trial and Appeal Board (PTAB) decision for erroneous claim construction and affirms a district court decision to abstain from a patent case due to a related state court proceeding; China’s national legislature considers long-term enforcement mechanisms for patent rights in a draft amendment to the country’s patent law; the District Court of the Hague finds AstraZeneca liable for extra costs incurred by health insurance providers over the wrongful enforcement of invalid patents; Canada’s Federal Court of Appeals says that Waldorf-Astoria mark for “hotel services” isn’t invalid for lack of a brick-and-mortar hotel in the country; and Boeing shares pop after positive signs from a key EU aviation regulatory director about the 737 MAX returning to European airspace by the end of 2020. 

Other Barks & Bites for Friday, October 9: SCOTUS Discusses Industry Effects of Oracle v. Google, USPTO Issues AI Report and CRISPR Inventors Win Nobel Prize in Chemistry

This week in Other Barks & Bites: the Federal Circuit remands a “frustrating” patent case proceeding on an “impermissible theory of liability;” the Supreme Court questions counsel on the industry effects of copyright protections for software interfaces during oral arguments in Oracle v. Google; CRISPR gene editing inventors Jennifer Doudna and Emmanuelle Charpentier awarded Nobel Prize; IBM announces that it will separate its managed infrastructure services unit to focus on its hybrid cloud business; and Regeneron seeks emergency approval for its COVID-19 therapy but also faces patent infringement charges over its use of a reagent used in vaccine testing assays.