Patents
Google and Amazon targeted in patent suits
Uniloc, which has a subsidiary in Texas, filed its lawsuit against Google on Sunday, March 26 at the US District Court for the Eastern District of Texas, Marshall Division.
http://www.worldipreview.com/news/google-and-amazon-targeted-in-patent-suits-13725
As the US continues on anti-patent path, lectures to others about importance of IP protection will lose punch
The US Supreme Court is due to hear oral arguments today (Monday) in the much-anticipated TC Heartland LLC v Kraft Foods Group Brands LLC case. At issue is the extent to which a patent owner should be able to select the forum in which to file suit against an alleged infringer. Currently, plaintiffs have relatively wide discretion, meaning that over 40% of all cases end up in the Eastern District of Texas.
http://www.iam-media.com/blog/Detail.aspx?g=ee2d02a4-f044-41d5-bdcc-3d310098431c
India’s largest patent filer shutters tech transfer arm in wake of major strategic failures
The tech transfer arm of India’s leading research organisation and largest patent filer says it has ceased operations because its financial position is unsustainable. CSIR-Tech was founded in 2011 to commercialise technology developed by the 38 research labs of the government-run Council of Scientific and Industrial Research (CSIR) through tech transfer and patent licensing. Its demise, along with recent comments by the organisation’s director, suggest that this major player’s approach to IP has been broken for some time.
http://www.iam-media.com/blog/Detail.aspx?g=32d42c4b-11f5-4945-a5a4-41c1a23f0607
Patent Market Trends and the Key Factors Impacting Patent Valuation
The value of a patent or a patent portfolio in the broader patent market, for better or worse, is in some very basic way related to the likelihood that it can be successfully monetized. No matter how interesting or groundbreaking the innovation, patent value is a function of monetization potential, and monetization potential is dependent upon the enforceability of a patent in litigation. For whatever reason, if a patent is not likely capable of being enforced it presents no real risk and cannot be monetized for anything other than pure nuisance value.
University of California seeks assignment of nanopore patents from former grad student
In the final days of 2016, the Regents of the University of California, which governs the University of California (UC) system, filed a lawsuit against a former graduate student from UC Santa Cruz (UCSC). At the center of the legal spat is the proper assignation of a series of patents covering DNA sequencing technologies, which UC alleges were developed while the inventor was under an agreement obliging him to assign those patents to UC. The suit has been filed in the U.S. District Court for the Northern District of California (N.D. Cal.).
http://www.ipwatchdog.com/2017/03/26/university-california-assignment-patents-former-grad-student/id=79687/
Taking stock of the health of the American patent system, a system in crisis
Is the United States reducing the possibility of future innovations by weakening patent rights for short-term gains? That was the question presented during the opening video at LeadershIP 2017, a patent and antitrust policy conference held at the Newseum in Washington, DC, earlier today.
http://www.ipwatchdog.com/2017/03/27/health-american-patent-system-crisis/id=80720/
Ford in fuel patent win at Federal Circuit
Handed down yesterday, March 27, the Federal Circuit’s decision affirmed the US District Court for the Eastern District of Pennsylvania’s ruling of non-infringement.
http://www.worldipreview.com/news/ford-in-fuel-patent-win-at-federal-circuit-13730
LG files its first-ever US patent complaints – though it has been quietly monetising its IP for some time
LG Electronics appears to have launched its first-ever patent enforcement actions in the United States with a Delaware district lawsuit and International Trade Commission (ITC) complaint targeting US phone maker Blu Products.
http://www.iam-media.com/blog/Detail.aspx?g=ce5eca25-af65-4d8b-94bc-35eb3bdab608
Inconvenient Truth: America no longer fuels the fire of creative genius with the patent system
Yesterday, at the Newseum in Washington, DC, the annual LeadershIP conference was held to discuss patent and antitrust phttp://www.ipwatchdog.com/wp-admin/edit-comments.phpolicy. Typically, the annual LeadershIP conference is held to discuss advanced IP policy issues from an empirical perspective. This year, however, with a new administration in the White House, the focus of the event was on policy advice that would be appropriate for the new Administration.
http://www.ipwatchdog.com/2017/03/28/inconvenient-truth-america-no-longer-fuels-the-fire-of-creative-genius-patent-system/id=80769/
Supreme Court Eliminates Key Defense in Many Patent Infringement Suits
In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), that delay by a patentee will not give rise to a laches defense during the statutory six-year damages period under 35 U.S.C. § 286. Justice Samuel Alito authored the 7–1 majority opinion, extending the court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. (2014), which held that laches is inapplicable for copyright infringement, a provision similar to Section 286 of the Patent Act.
http://www.ipwatchdog.com/2017/03/28/supreme-court-eliminates-key-defense-patent-infringement/id=80710/
LG accuses Blu of SEP infringement
Korean electronics company LG has accused mobile manufacturer Blu Products of infringing five standard-essential patents.
http://www.worldipreview.com/news/lg-accuses-blu-of-sep-infringement-13734
Federal Circuit affirms data patent after Google challenge
Google had appealed against a decision of the Patent Trial and Appeal Board (PTAB), which upheld the validity of US patent number 8,601,154 during the IPR.
http://www.worldipreview.com/news/federal-circuit-affirms-data-patent-after-google-challenge-13735
International report – Supreme Court rules that laches is not a defence for patent damages
On March 21 2017 in SCA Hygiene Products Aktiebolag v First Quality Baby Products the Supreme Court held, in a seven-to-one decision, that the doctrine of laches cannot bar a claim for damages in patent infringement cases. The decision reverses the Federal Circuit Court of Appeals decision, which had held en banc that laches could be used to bar infringement claims even accruing with the six-year statutory limitations period. This decision substantially increases the ability for patent owners to obtain damages for patent infringement.
http://www.iam-media.com/reports/Detail.aspx?g=80ad2ab3-2839-4a73-abc6-4beb25931dc7
Uniloc files patent suits against Amazon and Google for conference call, VoIP technologies
Plano, TX-based security tech provider Uniloc USA recently filed a pair of patent infringement suits in the U.S. District Court for the Eastern District of Texas (E.D. Tex.) in which Uniloc asserts a series of patents directed at conference call and voice over Internet (VoIP) technologies. The defendants, Alphabet Inc. (NASDAQ:GOOGL) Internet services subsidiary Google and e-commerce giant Amazon.com (NASDAQ:AMZN), are the latest targets in a series of suits Uniloc has filed in the past year, many of which name recognizable consumer tech companies as defendants.
http://www.ipwatchdog.com/2017/03/30/uniloc-patent-suits-amazon-google-voip-technologies/id=80778/
Manny Schecter, IBM’s Chief Patent Counsel, Joins Board of Center for IP Understanding
The Center for Intellectual Property Understanding, a non-profit devoted to increasing awareness of IP rights and their impact on peoples’ lives, announced that Manny W. Schecter, Chief Patent Counsel of IBM Corporation, has joined the board of directors.
http://www.ipwatchdog.com/2017/03/30/manny-schecter-ibms-chief-patent-counsel-joins-board-center-ip-understanding/id=81449/
It’s time to start eliminating regulations inhibiting patents
In an effort to reign in the American regulatory state, President Donald Trump issued an Executive Order dated February 24, 2017, which directed agencies to review all regulations looking for those that are outdated, unnecessary, or ineffective. The goal of these efforts is to streamline regulations by eliminating regulations that inhibit job creation, eliminate jobs, or that are inconsistent with government initiatives and policies.
http://www.ipwatchdog.com/2017/03/29/eliminating-regulations-inhibiting-patents/id=80411/
Regeneron, Sanofi-Aventis sue for declaration that dermatitis treatment Dupixent doesn’t infringe Amgen patent
On Monday, March 20th, American pharmaceutical companies Sanofi-Aventis US, a subsidiary of France-based Sanofi S.A. (NYSE:SNY), and Regeneron (NASDAQ:REGN) were listed as plaintiffs in a suit filed to seek declaratory judgment of non-infringement of a patent held by American biopharma firm Amgen (NASDAQ:AMGN). Sanofi-Aventis and Regeneron are hoping to protect their market interest in a treatment developed to help patients suffering from atopic dermatitis, a skin condition which the suit calls “a debilitating, disfiguring disease,” in the face of what they believe is a likely patent challenge from Amgen. The case has been filed in the U.S. District Court for the District of Massachusetts (D. Mass.).
http://www.ipwatchdog.com/2017/03/29/regeneron-sanofi-aventis-declaration-dermatitis-treatment-dupixent-doesnt-infringe-amgen-patent/id=79787/
Licensing company takes on Yahoo in patent infringement suit
TS Patents filed its patent infringement suit at the US District Court for the Northern District of California yesterday, March 29.
http://www.worldipreview.com/news/licensing-company-takes-on-yahoo-in-patent-infringement-suit-13740
Motorola Solutions files patent complaint against Hytera at USITC
Motorola Solutions filed the complaint yesterday, March 29, arguing that Hytera had infringed US numbers 8,116,284, 8,279,991, 7,369,869, 8,032,169, 7,729,701, 9,099,972 and 6,591,111.
http://www.worldipreview.com/news/motorola-solutions-files-patent-complaint-at-usitc-against-hytera-13742
Starbucks obtains default judgment against café
Starbucks filed its complaint in November 2015 at the US District Court for the Middle District of Georgia, Valdosta Division.
http://www.worldipreview.com/news/starbucks-obtains-default-judgment-against-cafe-13741
H&M defeated by elastic manufacturer in patent appeal
Stretchline had accused H&M of patent infringement and a settlement agreement was entered into in 2011.
http://www.worldipreview.com/news/h-m-defeated-by-elastic-manufacturer-in-patent-appeal-13748
Federal Circuit Affirms Patent Invalidity and District Court’s Denial of Post-Judgment Motions
A unanimous panel of the Federal Circuit affirmed jury determinations of non-infringement and patent invalidity and affirmed the district court’s denial of motions for judgment as a matter of law (“JMOL”) and for a new trial.
http://www.ipwatchdog.com/2017/03/31/federal-circuit-affirms-patent-invalidity-district-courts-denial-post-judgment-motions/id=81511/
Uniloc files patent suits against Amazon and Google for conference call, VoIP technologies
Plano, TX-based security tech provider Uniloc USA recently filed a pair of patent infringement suits in the U.S. District Court for the Eastern District of Texas (E.D. Tex.) in which Uniloc asserts a series of patents directed at conference call and voice over Internet (VoIP) technologies. The defendants, Alphabet Inc. (NASDAQ:GOOGL) Internet services subsidiary Google and e-commerce giant Amazon.com (NASDAQ:AMZN), are the latest targets in a series of suits Uniloc has filed in the past year, many of which name recognizable consumer tech companies as defendants.
http://www.ipwatchdog.com/2017/03/30/uniloc-patent-suits-amazon-google-voip-technologies/id=80778/
Manny Schecter, IBM’s Chief Patent Counsel, Joins Board of Center for IP Understanding
The Center for Intellectual Property Understanding, a non-profit devoted to increasing awareness of IP rights and their impact on peoples’ lives, announced that Manny W. Schecter, Chief Patent Counsel of IBM Corporation, has joined the board of directors.
http://www.ipwatchdog.com/2017/03/30/manny-schecter-ibms-chief-patent-counsel-joins-board-center-ip-understanding/id=81449/
Copyright
Bill seeks to make register of copyrights a presidential pick
A Congress committee has introduced a bipartisan bill that would make the register of copyrights a presidential appointee.
http://www.worldipreview.com/news/bill-seeks-to-make-register-of-copyrights-a-presidential-pick-13723
Appeal seeks to revive copyright case targeting Led Zeppelin classic ‘Stairway to Heaven’
On March 15th, an appeal filed in the U.S. Court of Appeals for the Ninth Circuit (9th Cir.) gave new life to a copyright battle that has been waged over arguably the most popular rock song of all time. Counsel representing Randy Wolfe, guitarist for the rock band Spirit, appealed an earlier decision from California district court, charging that the court erred in reaching its decision that members of the classic rock band Led Zeppelin copied a Spirit song to compose the song Stairway to Heaven.
http://www.ipwatchdog.com/2017/03/25/appeal-copyright-led-zeppelin-stairway-to-heaven/id=79696/
‘Candy Crush’ maker sues company for copyright infringement
King.com sued JoyFox Company at the US District Court for the Northern District of California on Monday, March 27, alleging it had “deliberately” copied King’s “Bubble Witch Saga 2”, “Candy Crush Saga” and “Candy Crush Soda Saga”, due to their popularity on Google Play and Apple’s App Store.
http://www.worldipreview.com/news/candy-crush-saga-maker-sues-for-copyright-infringement-13736
Trademarks
Appeal filed in Dropbox trademark tangle
Cloud storage company Thru Inc has filed an appeal against Dropbox at the US Court of Appeals for the Ninth Circuit, following an earlier trademark ruling.
http://www.worldipreview.com/news/appeal-filed-in-dropbox-trademark-tangle-13727
Mars files TM infringement claim against chocolatier
Mars filed its lawsuit (pdf) against CocoVaa and its parent company Syovata Edari at the US District Court for the Eastern District of Virginia on Friday, March 24.
http://www.worldipreview.com/news/mars-files-tm-infringement-claim-against-chocolatier-13726
Progressive house DJ deadmau5 targeted in trademark suit by Meowingtons cat-themed apparel retailer
On Monday, March 13th, a complaint filed in the U.S. District Court for the Southern District of Florida (S.D. Fla.) added a new twist in a legal spat brewing over the trademark status of the name of a cat. The parties in the case include the owner of an online retail store for cat’s apparel and a well-known DJ in the progressive house music genre who is seeking an opportunity to build a brand under his pet’s name.
http://www.ipwatchdog.com/2017/03/25/dj-deadmau5-targeted-trademark-suit-meowingtons-cat-themed-apparel-retailer/id=79652/
BrewDog makes U-turn in trademark spat with pub
Brother and sister team Joshua and Sallie McFadyen had originally named the pub Lone Wolf, but after a letter from BrewDog’s lawyers, they renamed it The Wolf.
http://www.worldipreview.com/news/brewdog-backs-down-in-trademark-spat-with-pub-13733
Tiffany takes on online counterfeiters
Filed at the US District Court for the Southern District of Florida on Thursday, March 23, the lawsuit alleged counterfeiting and trademark infringement, false designation of origin, cybersquatting, and unfair competition.
http://www.trademarksandbrandsonline.com/news/tiffany-takes-on-online-counterfeiters-4964
China cuts trademark fees in half
Announced yesterday, March 30, the cut in fees will become effective tomorrow, April 1.
http://www.worldipreview.com/news/china-cuts-trademark-fees-in-half-13746
BrewDog apologises for actions in trademark clash with pub
BrewDog’s lawyers sent a letter to brother and sister team Joshua and Sallie McFadyen, who had originally named their pub Lone Wolf.
http://www.worldipreview.com/news/brewdog-apologises-for-actions-in-trademark-clash-with-pub-13745