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Bite (noun): more meaty news to sink your teeth into.
Bark (noun): peripheral noise worth your attention.
This week in Other Barks & Bites: the U.S. Department of Justice (DOJ) plans to ask a judge to force Google to sell Chrome in an ongoing legal case accusing Google of monopolistic practices; WIPO member states adopt the Riyadh Design Law Treaty; and the U.S. Court of Appeals for the Federal Circuit (CAFC) grants Twitter’s motion to dismiss a preliminary injunction in a patent infringement case.
Bites
WIPO Member States Adopt Riyadh Design Law Treaty
On Friday, November 22, World Intellectual Property Office (WIPO) member states approved a new treaty to “make it easier, faster and more affordable for designers the world over to protect their designs both at home and abroad.” The Riyadh Design Law Treaty was signed at a diplomatic conference held in Saudi Arabia over the last two weeks. “Let this conference inspire us to a world where innovation knows no borders, where creativity flourishes and where IP serves as a powerful force for good. Together, we’ve made history. Together, let us continue to do so for the good of innovators and creators everywhere,” said WIPO Director General Daren Tang.
Federal Circuit Affirms PTAB’s Decision Holding Electronic Pipe Patent Claims Anticipated
On Friday, November 22, the U.S. Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB) ruling that certain claims of Healthier Choices Management Corp.’s U.S. Patent No. 10,561,170 were invalid for anticipation and denying Healthier Choices’ Revised Contingent Motion to Amend for failure to “sufficiently identify adequate written description support for all elements in the revised proposed substitute claims.”
CAFC Denies Pre-Trial Injunction to Ban User Video Ahead of Patent Infringement Case
On Tuesday, November 19, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted Twitter, Inc.’s motion for summary affirmance of a district court’s dismissal of VidStream, LLC’s bid for a preliminary injunction in a patent infringement dispute. According to the CAFC, VidStream’s argument that the district court had no authority to require “additional harm beyond ongoing infringement VidStream established” contradicts the U.S. Supreme Court’s ruling in eBay v. MercExchange, “which rejected such a ‘broad’ and ‘categorical rule’ in deciding motions for injunctive relief in the context of patent infringement.” Vidstream had been seeking an injunction to stop X, formerly Twitter, from distributing user-generated videos on its platform.
USPTO Bans Employees from Using Generative AI for Work Tasks
On Tuesday, November 19, Wired reported that the United States Patent and Trademark Office (USPTO) banned the use of all generative artificial intelligence last year citing the tool’s likelihood to produce “bias, unpredictability, and malicious behavior.” A USPTO spokesperson clarified that USPTO employees are allowed to use AI tools but only in a controlled agency testing environment. Wired obtained an internal memo through a public records request to gain insight into the Office’s internal stance towards AI.
Vidal Heads Back to Winston & Strawn
On Monday, November 18, law firm Winston & Strawn announced that outgoing USPTO Director Kathi Vidal will be rejoining the firm’s Litigation Department as a partner in its Silicon Valley and Washington, D.C. offices as of December 16, 2024. Vidal announced on November 12 that she would be resigning from her post at the USPTO as of the second week in December and that Deputy Director Derrick Brent will take over until the incoming Trump Administration appoints a new Director.
DOJ to Ask Judge to Force Google to Sell Chrome Browser, Impose AI and Licensing Requirements
On Monday, November 18, Department of Justice (DOJ) officials planned to ask a judge to force Google to sell its Chrome web browser as part of their case accusing the tech giant of illegal monopolization of the search engine market, as first reported by Bloomberg. The plans also include measures that would place requirements on Google surrounding artificial intelligence (AI) and data licensing. The landmark antitrust case thus could shape both the future of Google and also artificial intelligence and copyright protections involving the burgeoning AI field.
Barks
EUIPO Releases Study on the Impact of Private Equity on Innovation and IP
On Wednesday, November 20, the European Union Intellectual Property Office (EUIPO) released a study on the role of private equity and venture capital in facilitating innovation through intellectual property. The study was released in collaboration with Invest Europe, an association representing private equity and venture capital firms. The study looked at 56,000 portfolio companies and 100,000 patent and trademark filings in the EU over the last 15 years. The study found “a 100% increase in private investment correlates with a 10% rise in trademark and patent filings, reinforcing the role of financial support in fostering innovation.”
Trump and Eddy Grant Settle ‘Electric Avenue’ Copyright Lawsuit
On Wednesday, November 20, President Donald Trump and singer Eddy Grant settled a copyright lawsuit over the use of Grant’s “Electric Avenue” in a social media post during Trump’s 2020 presidential campaign. The details of the settlement were not made public. Multiple musical artists have sued Trump for using their copyrighted music during his campaign.
USPTO Names Daniel Modricker as Director of First Community Outreach Office
On Monday, November 18, the USPTO named Daniel Modricker as the director of the Office’s first Community Outreach Office. Modricker will serve as the director of the Northern New England Community Outreach Office, the first of four offices that will open across the country by 2027. The office will reach out to entrepreneurs in Vermont, New Hampshire, and Maine and offer assistance with the intellectual property process. “Our first Community Outreach Office and Director is a clear example of USPTO’s commitment to enhancing our local outreach efforts and reaching more people where they are with key resources so they can start businesses, address local needs, and drive innovative change in their communities,” said USPTO Director Kathi Vidal.
LOVE Copyright Lawsuit Dismissed
On Friday, November 15, a New York district court dismissed a copyright lawsuit filed against the licensing organization Artist Rights Society (ARS) involving Robert Indiana’s iconic “LOVE” image. A former collaborator of Indiana’s sued the licensing company and claimed an ARS requirement that licensees put copyright notices on LOVE-themed merchandise hurt the market for Indiana’s other works to the tune of millions of dollars. ARS’s legal team from Cowan, DeBaets, Abrahams & Sheppard was able to successfully argue that the case should be dismissed.
This Week on Wall Street
Northvolt Files for Bankruptcy in the US
On Thursday, November 21, Swedish EV battery company Northvolt filed for Chapter 11 bankruptcy in the United States. The company stated the move would help the EV battery maker restructure the company and “prioritize commitments to customers.” Northvolt is one of the most valuable private companies in Europe and is seen as key to its ambitions to electrify the continent’s cars. “This decisive step will allow Northvolt to continue its mission to establish a homegrown, European industrial base for battery production,” Tom Johnstone, interim Chairman of the Board.
Nvidia Earnings Report Beats Expectations
On Wednesday, November 20, Nvidia announced third quarter financial results that beat expectations showing a 94% year-on-year revenue increase to $35.1 billion. The semiconductor manufacturer is being boosted by chip demand for AI and other products, and its AI enterprise also doubled in revenue since last year. “The age of AI is in full steam, propelling a global shift to NVIDIA computing,” said Jensen Huang, founder and CEO of NVIDIA.
Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2023 are announcing quarterly earnings next week (2023 rank in parentheses):
- Monday: None
- Tuesday: Dell (16), HP (55), Analog Devices (173)
- Wednesday: None
- Thursday: None
- Friday: None
