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This week in Other Barks & Bites: China reveals its goals to improve intellectual property rights during the country’s 14th five-year plan, even as the country’s copyright department announces it has banned most exclusive music licensing deals; The Federal Circuit confirms Novartis’ patent claims on Chief Justice Moore’s opposition to the majority treatment of the written description requirement; The US International Trade Commission (ITC) rules that Google’s audio players infringe Sonos patents and enters into a limited exclusion order against their import; Senator Telles announced his intention to vote in favor of the appointment of Cathy Vidal as Director of the USPTO; Hedge funds are dumping tech stocks at the highest rate in more than 10 years; Allele settles patent infringement lawsuit against Pfizer and BioNTech for developing a COVID-19 vaccine; French data protection regulators have announced fines against US tech companies for their use of tracking cookies, including a standard fine against Google.
NCAC bans most exclusive licensing agreements for digital music platforms in China On Thursday, January 6, officials with the National Copyright Administration of China (NCAC) announced an order banning most exclusive licensing agreements for digital music platforms, except in some special circumstances in which such agreements are allowed, at a meeting with executives from the platforms Popular digital music currently operating in China.
The United States Patent and Trademark Office (USPTO) announces the Deferred Subject Eligibility Response Pilot Program On Thursday, January 6, the US Patent and Trademark Office issued a notice in the Federal Register announcing the creation of a Deferred Subject Eligibility Response Pilot Program in which participants who have submitted non-provisional patent applications are allowed to defer responses to the Section 101 Subject Eligibility Denial until issues are addressed. Other eligibility under Sections 102, 103, and 112.
A Chinese citizen pleads guilty to conspiring to steal Monsanto’s trade secrets On Thursday, January 6, the US Department of Justice announced that Chinese citizen Xiang Haitao pleaded guilty to charges that he conspired to steal a trade secret from Monsanto by transferring data to a memory card and attempting to take it out of the country for profit. Government of the People’s Republic of China.
Senator Telles votes in favor of Cathy Vidal’s nomination for Director of the United States Office On Wednesday, January 5, Senator Tom Telles (R-NC) announced that he would vote to confirm Cathy Vidal, President Biden’s nominee to serve as director of the US Patent and Trademark Office, calling Vidal “the exact type of visionary leader we need to succeed Andre Ianko.” The Senate vote on Vidal’s nomination, which was originally scheduled for the morning of Thursday, January 6, will be rescheduled.
The Chinese government sets intellectual property goals in the country’s 14th Five-Year Plan On Tuesday, January 4, China’s National Intellectual Property Administration (CNIPA) released an outline of the nation’s plans to improve intellectual property rights over the course of the government’s 14th Five-Year Plan, including amendments to the country’s antitrust law, and improvements to legal protection of intellectual property , improving quality in patent and trademark examination, as well as increasing participation in global intellectual property affairs and the activities of the World Intellectual Property Organization, including participation in the annual World Intellectual Property Day.
Chief Justice Moore Challenges Majority in CAFC Emphasizing Written Characterization of Novartis Judgment On Monday, January 3, the US Court of Appeals for the Federal Circuit entered a previous ruling in Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. in which the Court of Appeals affirmed the Delaware County ruling that Novartis’ patent claims cover a method for treating recurrent multiple sclerosis (RRMS), and found no apparent error in the Delaware ruling that the contested claims did not fail the written description requirement of 35 USC § 112(a). In an objection, Chief Justice Kimberly Moore argued that the committee’s majority contradicted the Federal Circuit’s precedent by “significantly expanding the patent holder’s ability to add, after years of filing a patent application, negative claim limitations that have no support in the written description.”
Ninth Circuit Revokes Class Certification in Wolfgang’s Vault Copyright Case On Monday, January 3, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in Kane vs. Bill Graham Archives LLC Where the Court of Appeals overturned the California Northern District’s testimony to the categories of composers and performers of a class action including copyright infringement claims against live concert recording archive operators Wolfgang’s Vault, finding that individual cases dominate Kihn’s claims and that at the class level the injunction was inappropriate based on the record .
USITC rules Google audio players infringe Sonos patents — The US International Trade Commission on Thursday, January 6, issued a ruling that Internet technology giant Google has infringed allegations from a series of five patents owned by technology developer Sonos. The agency also issued a limited exclusion order (LEO) and cease and desist order (CDO) preventing Google from marketing infringing products in the United States, assigning a 100% bond to any imports of infringing products by Google during this presidential review period.
Nike sues Lululemon for patent infringement on home gym mirror On Wednesday, January 5, sportswear company Nike filed a lawsuit in the Southern District of New York against rival company Lululemon over that company’s marketing of the Mirror Home Gym, which allegedly violated Nike patent claims covering various aspects of interactive digital sports technologies. .
The US Patent and Trademark Office (USPTO) establishes an administrative sanctions process for infringement of trademark rules On Wednesday, January 5, the US Patent and Trademark Office issued a notice in the Federal Register announcing that the Trademark Commissioner had established an administrative process to investigate trademark applications that appear to violate the agency’s trademark practice rules, including the issuance of warrants to show cause and final decisions on sanctions orders.
CRB requests petitions to participate in the elaboration of the Classification of Business IV On Wednesday, January 5, the Copyright Board issued a notice in the Federal Register announcing the commencement of a procedure to determine royalty rates and terms for transmission of provisional copies of audio recordings to facilitate the transmission of audio to commercial enterprises under 17 USC § 112(e)(1). The CRB notice indicates that applications for participation are due on February 4th.
The Copyright Office appoints Susan Wilson to serve as general counsel On Wednesday, January 5, copyright registry Shera Perlmutter announced that Susan Wilson, former partner of Arnold & Porter Kaye Scholer LLP, has been appointed to serve the United States Copyright Office as general counsel, effective January 31.
Allele drops patent suit against Pfizer over COVID-19 vaccines — On Tuesday, January 4, a joint motion of disapproval entered in the Southern District of California ended a patent infringement lawsuit brought by Allele Biotechnology against Pfizer and BioNTech for their development of a COVID-19 vaccine that allegedly used the patented Allele fluorescent protein. During research and development of the vaccine.
CAFC Announces Updates to Electronic Enrollment Procedures, Argument Guides On Monday, January 3, the Federal Circuit announced that updates had been made to several important documents relating to practice before the Court of Appeals including the Electronic Court Submission Procedures, the Oral Pleadings Guide, and the Unrepresented Parties Guide.
New data protection rules are in force at the European Patent Office On Saturday, January 1, the European Patent Office (EPO) announced that new data protection rules governing all data processing activities carried out by the European Patent Office have come into force after the adoption by the Administrative Council of the European Patent Organization of a new data protection framework. June.
This week on Wall Street
Hedge funds are dumping tech stocks at the fastest rate in 10 years On Thursday, January 6, CNBC reported that the four trading sessions between December 30 and January 4 saw the largest total sale of tech stocks by the hedge fund community in a decade, in terms of total dollars, in large part due to fears of a growing Bond yields can increase debt costs and hinder the growth of technology companies.
Stryker Corp buys Vocera for $3 billion to boost digital patient communications — Medical device company Stryker Corp. announced Thursday, January 6, that it has agreed to buy mobile communications company Vocera Communications for approximately $3.09 billion, including $2.97 billion in cash, in an effort to improve Stryker’s patient digital communications operations. .
Quarterly earnings The following companies named among the top 300 patent recipients in their 2020 IPO report quarterly earnings next week (2020 ranked in parentheses):
- Monday: Nobody
- Tuesday: Nobody
- Wednesday: Nobody
- Thursday: Taiwan Semiconductor Manufacturing Corporation (9)
- Friday: Wells Fargo & Co. (t-173rd)