Patents
Acacia subsidiary ramps up patent spat with Apple
CCE filed its suit against Apple, AT&T, Verizon and others at the US District Court for the Eastern District of Texas on Wednesday, April 19.
http://www.worldipreview.com/news/acacia-subsidiary-ramps-up-patent-spat-with-apple-13845
ZTE and Microsoft in mixed ruling at Federal Circuit
IPR Licensing is the owner of the patent, US number 8,380,244, which describes and claims “dual mode” communications devices that can use cellular and Wi-Fi networks.
http://www.worldipreview.com/news/zte-and-microsoft-in-mixed-ruling-at-federal-circuit-13843
Nikon wages war on ASML over lithography technology
Japan-based Nikon has initiated a series of legal actions against ASML, a manufacturer of semiconductor lithography systems, in the Netherlands, Germany and Japan.
http://www.worldipreview.com/news/nikon-wages-war-on-asml-over-lithography-technology-13853
DSS litigation campaign using Intellectual Discovery patents is a watershed moment for both companies
Document Security Systems (DSS) has filed lawsuits in the Eastern District of Texas alleging infringement of LED-related patents acquired from Intellectual Discovery. The assertion campaign – and its eventual outcome – could represent a major test not just for the embattled publicly traded IP company (PIPCO) model, but also for sovereign patent funds (SPFs) and third-party IP litigation funding at a time when pure-play patent monetisation has become riskier than ever before.
http://www.iam-media.com/blog/Detail.aspx?g=333a66d5-fa7d-4e9a-b5b6-3b9c61f20d28
Fixing America’s Patent System is the Best Strategy to Jump-Start our Stalled Economy
Today, I launched an online video series (“Clause 8”) that will feature interviews with prominent members of the IP community. The first posted interview is with former Chief Judge of the Federal Circuit, Judge Paul Michel. The interview builds on a great series of interviews previously conducted by Gene Quinn and posted on this website. As the readers of this website know well, Judge Michel is a legendary appellate Judge and has become known for his tireless advocacy on behalf of America’s patent system since his retirement in 2010.
http://www.ipwatchdog.com/2017/04/24/fixing-americas-patent-system-jump-start-economy/id=82381/
Patent Office workforce reduction should focus on eliminating ‘dead weight’ patent examiners
Earlier this month Mick Mulvaney, Director of the Office of Management and Budget (OMB), sent a 14-page memo to all agency heads detailing what they are to do to forward President Trump’s plan to reduce the size and scope of the federal government.
http://www.ipwatchdog.com/2017/04/23/patent-office-workforce-reduction-dead-weight-patent-examiners/id=82357/
Samsung Succeeds in Reducing Damages for Infringement of Two Rembrandt Patents
Rembrandt sued Samsung for patent infringement in the Eastern District of Texas and convinced a jury that Samsung infringed its two asserted patents, awarding $15.7 million in damages. Samsung appealed claim construction, denial of JMOL of obviousness, a Daubert motion on a damages expert, and the refusal to limit damages.
http://www.ipwatchdog.com/2017/04/21/samsung-succeeds-reducing-damages-infringement-rembrandt-patents/id=82336/
Federal Circuit affirms ruling that Apple does not infringe Core Wireless’ Patent
Core Wireless sued Apple for infringing its patent directed to a cellular network system including a mobile station providing for improved transmission of data packets. Core Wireless’ patent strives to do so by having a mobile station, not the network, make uplink channel selection decisions during data packet transmission.
http://www.ipwatchdog.com/2017/04/21/apple-does-not-infringe-core-wireless-patent/id=82335/
Regardless of Changes to Patent Venue, Trolls will still be Trolls
Three weeks ago the United States Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Group Brands LLC. In deciding to hear this patent venue case the Supreme Court has agreed to decide whether 28 U.S.C. § 1400(b) is the sole and exclusive provision governing venue in patent infringement actions. Pursuant to § 1400(b), a “patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.”
http://www.ipwatchdog.com/2017/04/20/patent-venue-trolls-will-still-be-trolls/id=82262/
Patent Sales Rates Decreased in 2016, but Patent Market Remains Viable and Robust
Though patent sales rates have decreased in 2016, the patent market remains viable and robust. We continue to see a trend in the increased speed at which packages sell (over 50% are sold within four months) as well as an increased sales premium for packages with Evidence of Use (EOU) — a 27% price boost. 2016 also saw a rise in sales rates from larger patent packages; its highest sales rates were from packages with between 11 and 25 assets, an increase in package size from 2015, which counted its highest sales rates from packages with six to 10 assets.
http://www.ipwatchdog.com/2017/04/20/patent-sales-rates-patent-market/id=81713/
Does innovation lead to patents, or patents lead to innovation?
I recently had the opportunity to speak on the record with Matt Levy, current counsel with Wiley Rein and former patent counsel for the Computer & Communications Industry Association. To start reading our conversation from the beginning please see A Software Patent Discussion with Matt Levy. What follows is part 2 of our interview; the final segment.
http://www.ipwatchdog.com/2017/04/20/matt-levy-innovation-patents-patents-innovation/id=82168/
Uber and Lyft sued for patent infringement
California-based Hailo Technologies has sued transportation companies Uber and Lyft for allegedly infringing a patent called “Automated vehicle dispatch and payment honouring system”.
http://www.worldipreview.com/news/uber-and-lyft-sued-for-patent-infringement-13851
Federal Circuit hands Ford win over hybrid vehicle patent
Hybrid technology company Paice owns US patent number 097, which the US Patent and Trademark Office found to be unpatentable.
http://www.worldipreview.com/news/federal-circuit-hands-ford-win-over-hybrid-vehicle-patent-13850
CRISPR: patent battles from the US to Europe
Patent bodies in the US and Europe have issued important decisions in patent battles over the gene-editing technology CRISPR, as Catherine Coombes of HGF reports.
http://www.worldipreview.com/contributed-article/crispr-patent-battles-from-the-us-to-europe
Hyundai Mobis in mixed patent ruling at Federal Circuit
South Korea-based company Hyundai Mobis, the parts and services arm of companies including Hyundai, has been handed a mixed verdict by the US Court of Appeals for the Federal Circuit.
http://www.worldipreview.com/news/hyundai-mobis-in-mixed-patent-ruling-at-federal-circuit-13858
H&M and Deckers settle UGG trade dress and patent suit
Retailer H&M and footwear designer Deckers have settled a patent and trade dress infringement lawsuit concerning UGG boots.
http://www.worldipreview.com/news/h-m-and-deckers-settle-ugg-trade-dress-and-patent-suit-13859
Apple v Samsung: $400m design patent dispute rumbles on
Lawyers acting for technology companies Apple and Samsung have filed opening briefs in their $400 million patent dispute.
http://www.worldipreview.com/news/apple-v-samsung-400m-design-patent-dispute-rumbles-on-13861
Bogus claims of patent abuse must be ignored
It is becoming very tiresome to listen to companies complain about patents while making wild, misleading, egregiously false claims of patent abuse. I realize making fraudulent claims of patent abuse captures headlines, the attention of the popular press, and interest from at as least some Members of Congress who seem hell-bent on enacting the patent agenda of the infringer lobby. As it turns out, however, patents are not the root of every evil in the world, and just because some misguided, uninformed CEO thinks patents are the problem doesn’t mean that they actually are the problem.
http://www.ipwatchdog.com/2017/04/24/bogus-claims-patent-abuse-ignored/id=82446/
From filing to challenge, modern patent practice is all about prior art
The patent process can be expensive, so the last thing you want to do is spend a lot of money preparing and filing an application when there is easy to find knock-out prior art that will prevent a patent, or at the very least make any patent that is obtained extremely narrow
http://www.ipwatchdog.com/2017/04/24/modern-patent-practice-prior-art/id=82531/
Auto industry seeks to build pressure on Trump administration over the patent and anti-trust nexus
A group of tech companies and advocacy groups have joined forces with members of the auto industry to write to President Trump expressing their concern over what they claim are anti-competitive licensing practices by some owners of standard essential patents (SEPs). They have also urged the new administration to let the Federal Trade Commission’s (FTC) case against Qualcomm “run its course without prejudice or political interference”.
http://www.iam-media.com/blog/Detail.aspx?g=b20b89ec-6e8c-43c4-86c2-00e8ed9c6340
Conversant picks up patents from top Korean vendor
Conversant has acquired a patent portfolio from Korean chipmaker Dongbu HiTek, USPTO assignments records reveal. This represents the privately-held Canadian NPE’s second significant purchase from an Asia-Pacific based operating company in recent months – and may be a sign of things to come as the ‘public IP company’ (PIPCO) model founders.
http://www.iam-media.com/blog/Detail.aspx?g=7e45c5cb-f129-4830-a0b4-9a5e81d36d38
40 Years of Patent Trends
The text of patent applications is a rich source of data which, indirectly, encodes trends in history, economics, science, and technology (and to some extent, changes in patent law). In this study, trends in the occurrences of words appearing in the titles of patents and patent applications are depicted as an animated word cloud evolving over 40 years (video). Principal component analysis reveals a strong, overarching, 40-year long shift away from words associated with material subject matter and toward the domain of information.
http://www.ipwatchdog.com/2017/04/25/40-years-patent-trends/id=82225/
Apple v Samsung: $400m design patent dispute rumbles on
Lawyers acting for technology companies Apple and Samsung have filed opening briefs in their $400 million patent dispute.
http://www.worldipreview.com/news/apple-v-samsung-400m-design-patent-dispute-rumbles-on-13861
New rules for patent examination
The Guidelines for Patent Examination have been amended by the State Intellectual Property Office (SIPO) and took effect on April 1, 2017. Major changes concern examination of business methods, computer program-related claims, supplementing experimental data and invalidation procedure, among others.
http://www.worldipreview.com/contributed-article/new-rules-for-patent-examination
Deckers takes on internet retailer in UGG design claim
California-based DB Shoe Company was accused of copying Deckers’ “outsole design” in an effort to exploit Deckers’ reputation in the market.
The lawsuit was filed at the US District Court for the Central District of California on Monday, April 17.
http://www.trademarksandbrandsonline.com/news/deckers-takes-on-internet-retailer-in-ugg-design-claim-4979
International report – Go your own way: Patent Office instructs examiners to disregard Supreme Court precedent
Materials from a recent refresher training for examiners at the Canadian Intellectual Property Office (CIPO) highlight inconsistencies between CIPO’s examination practices and Supreme Court precedent. The training reiterates CIPO’s position that patent examiners can disregard the substantive principles of purposive claim construction defined by the Supreme Court in Free World Trust v Électro Santé Inc and Whirlpool Corp v Camco Inc when construing the claims of patent applications.
http://www.iam-media.com/reports/Detail.aspx?g=366cf473-eacc-4d5a-9c96-d661b9312388
China’s emergence as a key patent litigation hub poses challenges for its companies
China is already arguably one of the three most important countries when it comes to patent enforcement and most signs point toward continued growth in litigation. For multinationals who have long struggled to protect their IP rights here, the developments of the past couple of years have been overwhelmingly positive. But for local Chinese companies, the risk/reward question is slightly more complex.
http://www.iam-media.com/blog/Detail.aspx?g=160284b9-4424-4fb9-bf85-d10ef5559d21
2016 Patent Market Size and Conclusions
We conclude our 2016 Patent Market Report with an in-depth view of the current patent market size and reflect on our key findings and action items for the year. Even with some setbacks in 2016 (eg, price drops, decreased sales, a shrunken market), the patent market continues to be strong and robust.
http://www.ipwatchdog.com/2017/04/27/2016-patent-market-size-conclusions/id=81717/
Why the Unified Patents Model Would Not Work in China
I have received a number of inquiries from friends and readers recently regarding Unified Patents and whether their model of attacking patents would be welcome in China. I do not represent Unified Patents or any party that has been attacked by Unified, but I do have some thoughts on this issue.
http://www.ipwatchdog.com/2017/04/26/unified-patents-model-would-not-work-in-china/id=82399/
The highs and lows of compensation
The ‘loser pays’ principle has resulted in a variety of compensation awards in patent disputes, from several hundred euros to hundreds of thousands of euros. To create a semblance of predictability on the amounts, guidelines on indicative rates were introduced.
http://www.worldipreview.com/contributed-article/the-highs-and-lows-of-compensation
Canada’s Supreme Court dismisses patent appeal against Dow Chemical
The Supreme Court rejected an appeal from Nova Chemicals on April 20, just one day after the Federal Court of Canada issued a judgment on the damages to be paid in the dispute.
http://www.worldipreview.com/news/canada-s-supreme-court-dismisses-patent-appeal-against-dow-chemical-13873
Google and Intertrust launch PatentShield to fight patent litigation
The new programme, PatentShield, aims to prevent larger companies from using patent litigation to create an “uneven playing field” for start-ups.
http://www.worldipreview.com/news/google-and-intertrust-launch-patentshield-to-fight-patent-litigation-13876
Facebook, Amazon and Google back USPTO director Michelle Lee
More than 50 associations, including Facebook, Amazon and Google, have signed a letter to President Donald Trump backing Michelle Lee’s continued leadership at the US Patent and Trademark Office (USPTO).
http://www.worldipreview.com/news/facebook-amazon-and-google-back-uspto-director-michelle-lee-13872
Trademarks
Street artists have beef with McDonald’s, threaten legal action
A group of Brooklyn-based street artists has threatened McDonald’s with legal action, alleging that the fast-food chain used its murals without permission in a Dutch advertising campaign.
http://www.worldipreview.com/news/street-artists-have-beef-with-mcdonald-s-threaten-legal-action-13844
Managing and Protecting a Brand in the Age of Social Media
The increased popularity of social media is changing the way we digest and follow brands. Brand owners need to consider how to respond to the changing environment and how to maintain appropriate control over the use of their brand by others. Is social media the next best thing for brand development or could it be a trademark danger zone?
http://www.ipwatchdog.com/2017/04/22/managing-protecting-brand-social-media/id=82085/
Diageo and Sazerac settle trademark dispute
A trademark infringement dispute between Diageo and Sazerac has been dismissed after both parties agreed to a settlement.
http://www.worldipreview.com/news/diageo-and-sazerac-settle-trademark-dispute-13855
Nintendo takes on ‘Poké Go’ trademark in opposition
Video games maker Nintendo has opposed a trademark filed by an Oklahoma-based couple looking to use the name ‘Poké Go’ for clothing.
http://www.worldipreview.com/news/nintendo-takes-on-poke-go-trademark-in-opposition-13862
Nintendo takes on ‘Poké Go’ trademark in opposition
Nintendo of America, the US subsidiary of video games maker Nintendo, has opposed a trademark filed by an Oklahoma-based couple looking to use the name ‘Poké Go’ for clothing.
http://www.worldipreview.com/news/nintendo-takes-on-poke-go-trademark-in-opposition-13862
US universities target GearLaunch in TM claim
Northwestern University, Duke University and the University of California (UCLA) are among 25 US educational institutions to have sued online retailer GearLaunch for trademark infringement.
http://www.worldipreview.com/news/us-universities-target-gearlaunch-in-tm-claim-13864
Fair use: has the defence gone up in smoke?
Steven Levy, president of the Accent Law Group, takes a look at the fair use of trademarks in domain names and whether a series of UDRP decisions calls that principle into doubt.
http://www.trademarksandbrandsonline.com/article/fair-use-has-the-defence-gone-up-in-smoke
Important benefits for Canadian trademark registrations
While Canadian trademark owners can enforce their rights without obtaining a registration, there are a number of significant advantages to registering a trademark in Canada
http://www.thebrandprotectionblog.com/important-benefits-for-canadian-trademark-registrations/
Trademarks: use them or lose them
Reforms to Turkey’s IP regime have expanded the circumstances in which a party can demand that a trademark owner prove use of a disputed mark. Until now, trademark owners could launch oppositions or lawsuits without having to consider addressing a non-use counter-claim. Therefore, trademark owners should now be more careful than ever in Turkey when challenging trademarks or infringing use.
http://www.worldipreview.com/contributed-article/trademarks-use-them-or-lose-them
Fair use: has the defence gone up in smoke?
Steven Levy, president of the Accent Law Group, takes a look at the fair use of trademarks in domain names and whether a series of UDRP decisions calls that principle into doubt.
http://www.trademarksandbrandsonline.com/article/fair-use-has-the-defence-gone-up-in-smoke
Important benefits for Canadian trademark registrations
While Canadian trademark owners can enforce their rights without obtaining a registration, there are a number of significant advantages to registering a trademark in Canada
http://www.thebrandprotectionblog.com/important-benefits-for-canadian-trademark-registrations/
Trademarks: use them or lose them
Reforms to Turkey’s IP regime have expanded the circumstances in which a party can demand that a trademark owner prove use of a disputed mark. Until now, trademark owners could launch oppositions or lawsuits without having to consider addressing a non-use counter-claim. Therefore, trademark owners should now be more careful than ever in Turkey when challenging trademarks or infringing use.
http://www.worldipreview.com/contributed-article/trademarks-use-them-or-lose-them
Duracell accuses wholesaler of selling grey market batteries
Filed at the US District Court for the Northern District of Illinois, Eastern Division yesterday, the claim alleged that JRS Ventures had imported Duracell batteries that were originally intended to be sold solely to original equipment manufacturers (OEMs).
http://www.worldipreview.com/news/duracell-accuses-wholesaler-of-selling-grey-market-batteries-13879
Copyright
Photographer sues BuzzFeed over long nails, cuddling and dogs
Jeffery Werner filed the copyright infringement lawsuit in the US District Court for the Southern District of New York on Wednesday, April 19.
http://www.worldipreview.com/news/photographer-sues-buzzfeed-over-long-nails-cuddling-and-dogs-13842
China: a big appetite for semiconductors
Chinese companies are increasingly influential in the consumption and production of semiconductors, but is there adequate protection for their IP rights? WIPR finds out.
http://www.worldipreview.com/article/china-a-big-appetite-for-semiconductors
Congress seeks to make Register of Copyrights a Presidential Appointment
On March 23, 2017, Congress Bob Goodlatte (R-VA), the Chair of the House Judiciary Committee, introduced H.R. 1695, known as the Register of Copyrights Selection and Accountability Act of 2017. The bill has 33 co-sponsors, with 29 of those co-sponsors sitting on the House Judiciary Committee. Thus, it is no great surprise that only days after it was introduced, on March 29, 2017, the House Judiciary Committee passed H.R. 1695 by a vote of 27-1.
http://www.ipwatchdog.com/2017/04/26/congress-register-of-copyrights-presidential-appointment/id=82559/
Multimedia player sellers may be liable for copyright infringement, says CJEU
Sellers of multimedia players enabling films that are available illegally on the internet to be viewed for free on TV could constitute copyright infringement, Europe’s highest court ruled today.
http://www.worldipreview.com/news/-13865
Congress seeks to make Register of Copyrights a Presidential Appointment
On March 23, 2017, Congress Bob Goodlatte (R-VA), the Chair of the House Judiciary Committee, introduced H.R. 1695, known as the Register of Copyrights Selection and Accountability Act of 2017. The bill has 33 co-sponsors, with 29 of those co-sponsors sitting on the House Judiciary Committee. Thus, it is no great surprise that only days after it was introduced, on March 29, 2017, the House Judiciary Committee passed H.R. 1695 by a vote of 27-1.
http://www.ipwatchdog.com/2017/04/26/congress-register-of-copyrights-presidential-appointment/id=82559/
House passes bill making register of copyrights a presidential pick
The Register of Copyrights Selection and Accountability Act was approved by a vote of 378-48.
http://www.worldipreview.com/news/house-passes-bill-making-register-of-copyrights-a-presidential-pick-13871
Khloé Kardashian tangled up in Instagram copyright row
UK-based photography company Xposure Photos filed a claim at the US District Court for the Central District of California on Tuesday, April 25.
http://www.worldipreview.com/news/khloe-kardashian-faces-copyright-claim-over-instagram-picture-13881
Counterfeiting
Alibaba tip-off sees $2.9m worth of fake cosmetics seized
On Saturday, April 22, Alibaba’s news site Alizila announced that data provided by the e-commerce platform led to the seizure of 4,000 fake products.
http://www.worldipreview.com/news/alibaba-tip-off-sees-2-9m-worth-of-fake-cosmetics-seized-13852
Interpol counterfeit clampdown results in €230m of seized goods
More than €230 million ($250 million) worth of counterfeit food and drink goods has been seized in a joint Europol-Interpol operation.
http://www.worldipreview.com/news/interpol-counterfeit-clampdown-results-in-230m-of-seized-goods-13869
Record labels sue ISP for failing to tackle illegal downloads
The case was filed on Friday, 21 April, at the US District Court for the Western District of Texas.
http://www.trademarksandbrandsonline.com/news/record-labels-sue-isp-for-failing-to-tackle-illegal-downloads-4984
Nearly five million people in UK use pirated TV services
This is the finding of market research firm YouGov, which also found that a further 2.6 million people plan to use pirated streaming services soon, while a third of those who illegally stream TV plan to cancel their subscriptions.
http://www.trademarksandbrandsonline.com/news/nearly-five-million-people-in-uk-use-pirated-tv-services-4985
Man gets seven years in prison over counterfeit energy drinks
Jamil was also sentenced to an additional three years of supervised release and ordered to pay more than half a million dollars in tion by District Judge Lucy Koh at the US District Court for the Northern District of California, San Jose Division.
http://www.worldipreview.com/news/man-gets-seven-years-in-prison-over-counterfeit-energy-drinks-13874
Intellectual Property
3D Printing for Consumers: What Does it Mean for the Future of IP?
There is concern that 3D printing could make it easy to copy a patented product with a push of a button.
http://www.ipwatchdog.com/2017/04/25/3d-printing-consumers-future-ip/id=82533/
Litigation and IPRs: More Dangerous Than You Thought?
Litigations and inter partes reviews are always a risk when dealing with patents. That’s why it’s so important to always have a strategy in place to combat such risks. Of all packages sold, 10.2% have at least one US patent litigated after the listing date. We have a much better data set this year and the rates are much higher than previously reported. We strongly recommend revising any models based on the old data.
http://www.ipwatchdog.com/2017/04/25/litigation-iprs-dangerous/id=81715/
The case for IP arbitration
For many years there has been an arbitration system in Chile to regulate the granting of internet domains that are in dispute between two or more parties.
http://www.worldipreview.com/contributed-article/the-case-for-ip-arbitration
World IP Day 2017: A roundup
The World Intellectual Property Organization (WIPO) is focusing on the impact of innovation on our lives as it celebrates World IP Day today.
http://www.worldipreview.com/news/world-ip-day-2017-a-roundup-13867
New rules for word marks
The Mexican Institute of Industrial Property (IMPI) has adopted a new rule of requesting the applicant of a word mark to detail on the application form the letters either all in upper case or all in lower case, or the first letter in upper case and the rest in lower case (as in a typical sentence).
http://www.worldipreview.com/contributed-article/new-rules-for-word-marks
Effective enforcement remedies
In Italy, very effective precautionary procedures and remedies are at the disposal of IP owners to ensure a rapid protection of their rights. The remedies include the ability to obtain an interlocutory injunction to stop the alleged infringement and obtain the seizure of products suspected of infringing the rights.
http://www.worldipreview.com/contributed-article/effective-enforcement-remedies
Domain Name
The Swatch Group closes down phishing email scam
The Swiss-based luxury watch brand had filed the case with the World Intellectual Property Organization Arbitration and Mediation Center in February.
http://www.trademarksandbrandsonline.com/news/the-swatch-group-close-down-phishing-email-scam-4983
Technological Innovation
Singapore’s IP office launches innovation fund
Known as the Makara Innovation Fund, it will target high-growth companies with strong IP and proven business models.
http://www.worldipreview.com/news/singapore-s-ip-office-launches-innovation-fund-13878