A Precedential Week for the CAFC; Investigation of Judge Newman by CAFC Chief Judge Heats Up; USPTO Delays Collection of Patent Practitioner Registration Statement

bite (noun): More meaty news to clench your teeth.

bark (noun): Ambient noise that needs attention.

https://depositphotos.com/147352089/stock-photo-dog-summer-holiday-vacation-on.htmlMore barks and bites of the week: Chief Justice Moore of the United States Court of Appeals for the Federal Circuit (CAFC) is investigating Judge Pauline Newman’s suitability to continue serving on the court. CAFC issues his six pre-emptive IP decisions. A district court has awarded Google a partial victory in a patent dispute with Sonos. The United States Patent and Trademark Office (USPTO) indefinitely delays the collection of registration statements from patent practitioners. Rapper Cam’ron faces copyright lawsuit for unauthorized use of her own photo.

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Federal Circuit Judiciary Council Releases Statement on Chief Justice’s Investigation of Judge Newman

On Wednesday, April 12, IPWatchdog first broke the news that U.S. Court of Appeals for the Federal Circuit Chief Judge Kimberly Moore confirmed a judicial complaint against Judge Pauline Newman under the Impairment of Judicial Conduct Act. In response to IPWatchdog’s report and subsequent reports by other news outlets, the court issued his Friday, April 14 statement confirming information provided by IPWatchdog’s sources and releasing previously sealed documents. announced. In addition to the March 24th order, the CAFC also today announced an April 13th order that the special committee charged with investigating Neumann will include Judges Moore, Prost, and Tarrant, and that the commission will consider This indicates that the scope of the investigation has been expanded. Whether Newman failed to cooperate in violation of Rule 4(a)(5) on judicial action and obstruction of justice proceedings; more coming soon.

CAFC upholds district court’s finding that digital imaging patent claims challenged by Snapchat are ineligible as abstracts

On Thursday, April 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedent opinion in favor of the U.S. District Court for invalidity of certain claims in Sanderling Management Ltd.’s digital imaging patents in the Central District of California. . Section 101. We concurred with the district court’s conclusion that the claims were directed to the abstract idea of ​​”providing information (in this case, a processing function) upon the satisfaction of the conditions.” position. “The CAFC also confirmed that the district court denied Sanderling’s motion for permission to amend her complaint, in favor of her parent company of Snapchat, a popular social media platform.

The Federal Circuit has issued a total of six precedent decisions this week. See also here and here.

USPTO Director Vidal looks back on first year in office

In a blog post published Thursday, April 13, and in a conversation with the Intellectual Property Press on Wednesday, April 12, USPTO Administrator Kathi Vidal said her second year in office was a reflection of the various initiatives she spent last year. We said it would be about action and implementation. Collecting input. Vidal also addressed criticisms of the PTAB, saying the PTAB could have worked better, and the Office addressed the misunderstanding that led to her being unable to attend her USPTO-FDA listening session in January. I apologized. Read the full report here.

USPTO Indefinitely Postpones Collection of Registration Statements from Patent Practitioners

On Thursday, April 13, the USPTO issued a Federal Register notice of mandatory biennial registration statements required from registered patent practitioners and individuals granted limited recognition to the USPTO in patent matters. postponed indefinitely. We do not expect the collection of registration statements to begin until approximately 2025. A prior notice will be posted six months prior to the collection of registration statements. According to the notice, “the decision to defer is based on a thorough analysis of operational priorities and budgets… [and] By integrating the registration statement with other USPTO information systems, the Office can save resources. ”

District Court Award Small Victory to Google in Mixed Judgment Ahead of Sonos Patent Infringement Trial

On Thursday, April 13, the District Court ruled on Sonos Inc.’s lawsuit against Google. A California District Court granted summary judgment judgment of invalidation of one Sonos patent but denied Google’s motion to invalidate two other Sonos patents. As of March 8, there is extensive litigation, including lawsuits from five countries. The two companies have gone back and forth in patent infringement lawsuits over the past few years.

Federal Circuit upholds district court’s ruling that patent claims for treatment of Parkinson’s disease are invalid

On April 12, the CAFC issued a precedent decision upholding the district court’s finding that certain claims of UCB, Inc.’s patent relating to a transdermal rotigotine patch for the treatment of Parkinson’s disease are invalid. UCB sued Actavis in the United States District Court for the District of Delaware, but the court ruled that the asserted patent claims were invalid for anticipation and obviousness. On appeal, the Federal Circuit stated that the district court’s factual findings regarding scope overlap, teaching away, unexpected results, and commercial success were clearly not erroneous and therefore affirmed.

CCB dismisses copyright infringement claims against Cloudflare

On Tuesday, April 11th, the Copyrights Claim Board (CCB) dismissed the copyright infringement claims against Cloudflare. Reading app Anystories said he filed his first complaint in September 2022, and after CCB found the complaint not compliant, the company had to file two more amended complaints. The latest complaint was Anystories’ last chance to file a compliant claim, but CCB said:[the] The complaint does not present a fact that Cloudflare is engaging in or facilitating infringing activity and, therefore, makes no claim of infringement. ”

USPTO Announces Awards Recognizing Brand Owners Addressing Humanitarian Issues

On Monday, April 10, the USPTO announced Humanitarian Trademarks, a new awards program that recognizes brand owners who are trying to solve humanitarian problems. The first iteration of the program will focus specifically on brand owners looking to improve their environment. Commerce Secretary Gina Raimond said, “Climate change is a major threat, and overcoming it will require creativity and energy from both the public and private sectors. It has also announced a joint work-sharing program with the National Oceanic and Atmospheric Administration and a green partnership with the World Intellectual Property Organization.

Burks

TTAB Rules Baseball Gives Judge Aaron Victory in Trademark Case

On Wednesday, April 12, the Trademark Trial and Appeal Board (TTAB) announced a decision protecting trademark rights to several judicial-themed trademarks of New York Yankees star Aaron Judge. The Commission blocked Michael P. Chisena’s attempts to register the trademarks “Al Rise” and “Here Comes the Judge” because they could be confused with his Aaron Judge trademark. . Prior opinions reaffirmed the right of sports teams and athletes to retain trademarks on clothing and merchandise that refer to them.

USPTO Announces Public Listening Session, Seeks Public Comment on Patent Pro Bono Program

On Tuesday, April 11, the USPTO issued a Federal Register notice announcing two public listening sessions on its network of pro bono patent programs. The first listening session he will host on June 5th will solicit input from inventors, entrepreneurs and small businesses. At the second listening session on June 7, the USPTO will hear from legal experts. The Office is also soliciting public comment on the patent gratuity program research. The goal of these programs is to get more people involved in America’s innovation system.

Rapper Cam’ron files copyright lawsuit for using his photo

On Tuesday, April 11, photographer Djamilla Cochran filed a copyright lawsuit against rapper Cam’ron for selling merchandise and clothing featuring his iconic photo of him in a pink mink coat. rice field. billboardThe lawsuit alleges that Cam’ron failed to obtain a license to use the photo. claimed.

USPTO seeks stakeholder input on AI

On Monday, April 10, the USPTO issued a Federal Register Notice announcing an Artificial Intelligence (AI) Inventor Hearing Session on April 25. The event will be held at USPTO Headquarters, National Inventors Hall of Fame and Museum, 600 Dulany St., Alexandria. , Virginia. The USPTO holds listening sessions to solicit input from stakeholders on the current state of artificial intelligence and the issues facing inventors. The USPTO will announce his second hearing on the West Coast in May.

wall street this week

EPA Proposes Highest Pollution Standards to Drive Electric Vehicle Production

On Wednesday, April 12, the U.S. Environmental Protection Agency (EPA) released new proposed vehicle emissions standards to reduce vehicle emissions by 56% by 2032. The overarching goal of the proposal is to “accelerate the transition to a clean automotive future and tackle the climate crisis.”

Federal Reserve predicts ‘mild recession’ at end of 2023

On Wednesday, April 12, the Federal Reserve Board released the minutes of the Federal Open Market Committee’s March meeting. The minutes predicted a “moderate recession” by the end of 2023. The March meeting included a mild recession that began later this year, but has since recovered over the next two years. ‘The conference he held on March 21-22. The statement in the published minutes contrasts slightly with Fed Chairman Jerome Powell’s more non-committal statements on the possibility of a recession.

Quarterly results – The following companies, identified among the IPO’s top 300 patentees for 2022, will announce quarterly earnings next week (2022 ranking in parentheses):

  • Monday: none
  • Tuesday: Johnson & Johnson (23), Bank of America (75), Intuitive Surgical (227)
  • Wednesday: IBM (2), Abbott Laboratories (147), ASML Holding (186),
  • Thursday: Taiwan Semiconductor Manufacturing (6), AT&T (47), Nokia (60)
  • Friday: SAP SE (65), Procter & Gamble (100)

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Author: branch

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