Posts Tagged: "other barks and bites"

This week in Other Barks & Bites: the European Patent Office issues the results of a study showing that 13.2% of European inventors between 1978 and 2019 were women; the Supreme Court disappoints the life sciences community by dismissing the cert petition in Juno Therapeutics, but grants cert in Amgen v. Sanofi and Abitron Austria v. Hetronic International; the Federal Trade Commission files an amicus brief in the District of Delaware arguing that Jazz Pharmaceuticals’ patents covering a method of distributing Xyrem should not be listed in the Orange Book; and more.

This week in Other Barks & Bites: Judge Goldberg of the District of Delaware denies Moderna’s motion to dismiss patent claims against its COVID-19 vaccine over arguments that those claims should be filed against the U.S. government; The USPTO and FDA publish a Federal Register Notice seeking public input on collaboration efforts; IBM and the USPTO announce a partnership on AI-driven IP demonstration tool; the USPTO issues the only extension to the public comment period on the agency’s RFC regarding initiatives to improve robust and reliable patent rights; the Federal Circuit rules that Uniloc has standing to pursue its patent infringement claims against Google, while finding that collateral estoppel from a previous case against Apple prevented Uniloc from pursuing claims against Motorola and Blackboard; the governments of Mexico and Switzerland question the need for extending the TRIPS waiver to COVID-19 therapeutics and diagnostics; and Spotify’s Will Page issues his annual report on the state of global music copyright, finding that the global market was valued at $39.6 billion during 2021.

This week in Other Barks & Bites: the Supreme Court of Japan rules that students taking lessons at music schools are not subject to copyright fees for in-lesson performances for instructors; the England and Wales Court of Appeal denies Apple’s request to set aside an injunction in its SEP/FRAND case with Optis Cellular; Retired Chief Judge Paul Michel urges the Federal Circuit to issue more en banc decisions to clarify patent law; the Federal Circuit reverses a district court’s preliminary injunction for applying the improper legal standard in determining the plaintiff’s likelihood of success in a design patent suit against Gyroor hoverboards; Elon Musk’s takeover of Twitter begins by firing executives linked to misreported bot accounts; Senators Thom Tillis and Chris Coons ask the U.S. Patent and Trademark Office and the U.S. Copyright Office to collaborate on a national commission on AI; and more.

This week in Other Barks & Bites: Congress members urge the Biden Administration to protect vaccine IP; the CAFC once again denies an inventor’s push to list an artificial intelligence (AI) machine as a sole inventor on a patent; Microsoft receives a favorable ruling in patent infringement battle; a U.S. Patent and Trademark Office (USPTO) report finds the number of women patent applicants is growing across the country; and legislation passes Congress to stimulate young people’s participation in art and coding.

This week in Other Barks & Bites: the Third Circuit affirms a partial denial of preliminary injunctive relief in a trade secret case involving processors for cremation equipment; Netherlands’ patent office announces that oil and gas patents held by major Russian energy firms are unenforceable in that country; the Federal Circuit finds that patent claims covering methods of digital recording physical activity survive Alice/Mayo at step two on the pleadings over a dissent from Judge Hughes; a joint study by the European Patent Office and the European Union Intellectual Property Office shows that 82 million EU jobs are being supported by IP-intensive industries; the U.S. Patent and Trademark Office announces a webinar on its request for comments on initiatives for robust and reliable patent rights; and both the Federal Trade Commission and U.S. Department of Justice participate in policy dialogues on digital competition with counterparts in the European Union and the Group of Seven.

This week in Other Barks & Bites: Marybeth Peters, formerly the Register of Copyrights from 1994 to 2010, passes away at the age of 83; Director Vidal allows OpenSky to remain a “silent understudy” in VLSI IPRs; the USPTO requests comments on agency initiatives designed to ensure robust and reliable patent rights; the White House Office of Science and Technology Policy publishes a Blueprint for an AI Bill of Rights; the U.S. Supreme Court denies cert to several patent cases but asks the U.S. Solicitor General to brief the Court on the “skinny label” issues in Teva v. GlaxoSmithKline; Micron announces plans to invest up to $100 billion over the next 20 years in constructing a computer chip manufacturing campus in a suburb of Syracuse, NY; Amgen files a supplemental brief with the U.S. Supreme Court arguing that the U.S. government’s own brief calling enablement a mixed question of law and fact supports review of Amgen’s appeal; and Arizona’s State AG reaches an agreement with Google to settle a lawsuit over deceptive practices in user device tracking.

This week in Other Barks & Bites: Chief Justice Roberts of the U.S. Supreme Court signs an order staying the Federal Circuit’s mandate invalidating Novartis’ patent claims covering the MS treatment Gilenya; the U.S. Copyright Office issues a final rule simplifying remitter payment and deposit account requirements; the Federal Circuit denies a petition for mandamus relief to transfer a patent case out of Western Texas over Judge Lourie’s dissent regarding concerns over remote workers; the U.S. House of Representatives passes the SBIR and STTR Extension Act to extend those two seed funding programs through fiscal year 2025; Micron announces a 50 percent reduction in wafer fab equipment capital expenditures to address high chip inventory issues; and Senator Chris Coons announces that he will co-sponsor Senator Thom Tillis’ patent eligibility act.

This week in Other Barks & Bites: IPWatchdog LIVE sees 250 top industry insiders partake in panel sessions and other events at the Renaissance Richardson Dallas hotel; GM announces a nearly $500 million investment into electric vehicle upgrades at a factory in Marion, IN; the European General Court affirms an EU Commission ruling finding that Google placed unlawful restrictions on manufacturers and network providers operating in the Android market; Senator Roger Wicker (R-MS) reintroduces a bill to codify name, image and likeness (NIL) rights for collegiate athletes; and President Biden issues an executive order directing several federal agencies to oversee $2 billion in funding for biotech and biomanufacturing R&D initiatives.

This week in Other Barks & Bites: former Federal Circuit Chief Judge Randall Rader urges inventors to pursue changes to flawed Federal Circuit case law; Federal Circuit Chief Judge Kimberly Moore opines that the patent dispute between Apple and VirnetX may never end during oral arguments; Tesla seeks relief from Texas property taxes to build the first lithium refining plant in North America; Teva files a reply brief with the Supreme Court asking the nation’s highest court to review the Federal Circuit’s ruling that Teva’s skinny label actively induced infringement of GlaxoSmithKline patents; the Journalism Competition and Preservation Act meets heavy resistance during a Senate Judiciary Committee markup meeting; the Eleventh Circuit overturns a default judgment in a copyright case for improper service of an amended complaint; and the Senate IP Subcommittee holds an oversight hearing of the U.S. Copyright Office. 

This week in Other Barks & Bites: the Ninth Circuit finds that a Hong Kong-based adult website was expressly aimed at the U.S. market, overturning a dismissal of copyright claims; Senator Tillis pledges to hold a series of patent eligibility hearings with the Senate IP Committee if the Republicans take a majority this November; the Third Circuit finds no agency relationship between patent challenging firm Askeladden and members of The Clearing House, which owns Askeladden; the U.S. Patent and Trademark Office (USPTO) extends the public comment period on the agency’s subject matter eligibility guidance; Novo Nordisk improves its sickle cell and rare blood disease treatment portfolio with a $1.1 billion purchase of Forma Therapeutics; the Delhi High Court orders India’s messaging service Telegram to disclose the IP addresses of Telegram users engaging in copyright infringement; and the Federal Circuit rules that INVT’s patent infringement claims fail because it didn’t provide evidence of base station operations that make up part of the environment of the claimed invention.

This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal of a trademark suit against merchandising agents for failure to join Jackson State University, which holds an interest in the underlying mark; font designer Nicky Laatz accuses Zazzle of exploiting the work of custom font designers without compensation; Fox Sports reaches a settlement over trademark claims filed by the entity owning the trademarks to the defunct USFL; China’s IP administration says that 2021 saw a 15 percent increase to the number of patent transfers and licenses within that country; and the Sixth Circuit rules that a defendant cannot claim a derivative sovereign immunity defense for committing copyright infringement in the course of bidding for state contracts.

This week in Other Barks & Bites: the Federal Circuit rules that Eagle Pharmaceutical’s ANDA defines a product that does not infringe upon Par Pharmaceutical’s patents covering Vasostrict; an inventor amicus brief in the OpenSky IPR asks USPTO Director Vidal to mandate sanctions for abuse of PTAB process; the Seventh Circuit affirms a default judgment against a Chinese counterfeiter of sports merchandise after finding personal jurisdiction over the defendant; the Fifth Circuit accepts the Federal Circuit’s transfer of Walker Process claims over the fraudulent obtaining of patent claims despite a jurisdictional disagreement; the Eleventh Circuit finds that Day To Day Imports could not appeal the district court’s application of the willful blindness standard to its alleged violation of Section 512; and members of the House Science Committee call upon the Biden Administration to make a robust investment into the DoE’s Office of Science.

This week in Other Barks & Bites: the Federal Circuit again finds Minerva estopped from challenging the validity of patent claims after remand by the U.S. Supreme Court; the Ninth Circuit affirms a summary judgment ruling nixing trademark infringement claims against lululemon’s Align yoga pants; government officials in the EU and South Korea claim EV tax credit provisions in the Inflation Reduction Act flout international treaties; the Fifth Circuit affirms the exclusion of improper character evidence in a copyright infringement case involving a video game character from the Call of Duty: Black Ops series; Canadian ministers are drafting amendments to that nation’s copyright laws that would create a right to royalties on resales of works by painters, sculptors and other visual artists; and President Biden signs the CHIPS and Science Act into law.

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy introduce a bill to improve patent examination and quality, while Tillis’ office also releases a draft bill on Section 101 patent eligibility; the Ninth Circuit reverses a district court’s summary judgment ruling that the unauthorized use of photos of a lake in Death Valley was a fair use; Amazon will acquire robotics firm iRobot for $1.7 billion; the Seventh Circuit nixes antitrust claims against AbbVie after finding nothing improper with the company’s large number of patents covering Humira; the Eleventh Circuit affirms a lower court’s decision to strike an actual damages claim in a trademark case against Monster Energy as a discovery sanction; the bipartisan PLAN for Broadband Act is introduced to develop a cohesive national strategy for broadband infrastructure; and the USITC begins a formal enforcement proceeding against The Chamberlain Group after finding violations of Section 337 for patent infringement.

This week in Other Barks & Bites: USPTO Director Vidal announces Federal Register notice on duty of disclosure requirements as Senate Judiciary advances a bill to create a USPTO-FDA interagency task force on drug patents; Senator Thom Tillis tells IAM that he will introduce patent eligibility legislation soon; the Federal Circuit affirms an attorneys’ fees award for forum shopping of patent infringement claims to avoid an adverse Section 101 ruling; both houses of Congress pass major semiconductor production legislation in the CHIPS and Science Act; the Sixth Circuit affirms the dismissal of trade secret claims related to a patent application filed covering a hydraulic actuator invention; Big Tech giants Apple and Amazon.com both post beats on quarterly earnings reports; the Federal Trade Commission files a lawsuit against Meta Platforms to prevent that company’s acquisition of VR firm Within Unlimited; the District of Delaware enters a ruling invalidating Xifaxan patent claims, sending Bausch Health stock down by about 50%; and the Senate Commerce Committee votes to advance the nomination of Dr. Arati Prabhakar to serve as the Director of the White House’s Office of Science and Technology Policy.