Japan restricts chip manufacturing exports, Ocado wins UK High Court in robot storage case and judge rejects fair use defense for internet archive

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This week in Other Barks & Bites: Federal Circuit Upholds Patent Trial and Appeal Board Invalidation of VirnetX Patent Claims in Support of $502 Million Judgment Against Apple; US Attorney General asks Supreme Court to overturn infringement decision against Teva’s meager label for carvedilol; Trademark Trial and Appeal Board reverses a trademark examiner’s refusal to register multiple running titles for The New York Times; UK High Court invalidates AutoStore warehouse robot patents and clears grocer Ocado from infringement claims; the Japanese government announces that it will restrict exports of nearly two dozen types of chipmaking equipment; and Judge Koeltl dismisses the fair use plea raised by the Internet Archive in its copyright case against book publishers.


CAFC Upholds PTAB’s Invalidation of VirnetX Patents and Supports Jury’s $500 Million Verdict – On Thursday, March 30, the U.S. Court of Appeals for the Federal Circuit issued a decision in the VirnetX Inc. case. v Mangrove Partners Master Fund, Ltd., which upheld the patent case and appeal Boards (PTAB) setting aside patent claims VirnetX had previously filed against consumer tech giant Apple, resulting in a $502 million judgment US dollars before a US district court. The Federal Court also ruled that VirnetX forfeited its challenge to the PTAB’s decision to join Black Swamp IP in an inter partes review (IPR) case filed by Mangrove Partners.

UK High Court secures Ocado victory in automated warehousing patent case – On Thursday, March 30, Judge Richard Hacon of the UK High Court of Justice issued a ruling finding that patents held by Norwegian automated warehousing developer AutoStore Technology , against the British grocery chain Ocado are obsolete compared to the alleged state of the art. Judge Hacon further ruled that if the patents had been valid, they would not be infringed by Ocado’s robotic storage systems, which are the focus of AutoStore’s infringement allegations.

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US Attorney General Asks SCOTUS to Overturn Skinny Label Verdict Against Teva – On Wednesday, March 29, the US Attorney General filed an amicus brief with the US Supreme Court expressing the federal government’s views to the in Teva Pharmaceuticals USA, Inc. v GlaxoSmithKline LLC. The Attorney General argues that the Supreme Court should grant Teva’s request for certification and overturn the federal court ruling that found Teva infringed a GlaxoSmithKline reissue patent when it drafted methods for its generic carvedilol heart treatment a section -Viii- “Skinny” label used has patented use of GlaxoSmithKline.

Second Circuit Upholds Ruling That Copyright Law Preempts Claims of Unfair Competition – On Wednesday, March 29, the US Circuit Court of Appeals for the Second Circuit upheld a ruling by the Southern District of New York finding unfair competition and embezzlement “hot News” had dismissed claims by Steven Eric Greer against several news outlets that were preempted by federal copyright law.

Ninth Circuit Nixes Files Bull Episode Copyright Complaint – On Tuesday, March 28, the US Circuit Court of Appeals for the Ninth Circuit issued a ruling in the Washington v. ViacomCBS Inc. case, upholding the Court of Appeals’ dismissal of copyright claims against ViacomCBS. The Ninth Circuit ruled that the district court erred in dismissing copyright claims based on substantial similarities between the lead character of an episode of the CBS legal drama Bull and the protagonist of a television pilot written by Washington and registered with the US Copyright Office.

Judge Koeltl Rules Against Internet Archive Fair Use Defense – On Friday, March 24, US District Judge John G. Koeltl of the Southern District of New York issued a ruling granting a summary judgment motion filed by filed against the Internet Archive by a number of book publishers. Judge Koeltl found that each of the four fair use factors was weighed against the Internet Archive’s unauthorized reproductions of entire books distributed online.

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TTAB Overturns Examiners’ Denials on NYT Column Titles Trademark Applications – On Thursday, March 30, the Trademark Trial and Appeal Board (TTAB) issued a decision overturning examiners’ denials on a number of trademark applications filed by submitted to the New York Times and covering the titles of certain titles will override subscription-based columns published online by the newspaper. Whilst the TTAB did not agree with the newspaper that each column was a separate ‘commercial item’, the Board found that the column headings had been entered without showing acquired distinctiveness when applying the ‘commercial item’ factors from the 2012 Federal Circuit decision in Lens.com vs. 1-800-Contacts.

Adidas Overturns Black Lives Matter Three-Stripe Design Appeal to USPTO – On Wednesday, March 29, athletic apparel and footwear manufacturer Adidas AG announced that it had resolved its appeal filed this Monday against a Black Lives Matter design Application for trademark registration will be withdrawn by the Matter Global Network Foundation, which Adidas previously argued was too close to its own iconic three-stripe design.

Judge Biggs Denies Challenge to AAVN’s High Thread Count Textile Patents – On Tuesday, March 28, U.S. District Judge Loretta C. Biggs of the Middle District of North Carolina granted a motion to dismiss a lawsuit filed by Globe Cotyarn against AAVN, seeking to invalidate AAVN’s patent claims covering methods of making cotton rich bed sheets.

SRAM Seeks New Trial for Proper Application of Doctrine of Equivalence – On Tuesday, March 28, bicycle component maker SRAM filed a motion for a new trial in the Southern District of Florida arguing that defendant Princeton Carbon Works provided an improper defense that did not allow the jury to consider the doctrine of equivalents and that the trial court erred in excluding SRAM’s testimony regarding the appearance of Princeton’s allegedly infringing rim.

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Judge Amon Issues $33.4 Million Verdict in Diabetes Test Strip Violation Claims – On Friday, March 24, U.S. District Judge Carol Bagley Amon of the Eastern District of New York issued a verdict in which Medical supplies retailer H&H Wholesale Services has been fined $33.4 million for infringing Abbott Laboratories trademarks on diabetes test strips improperly repackaged for sale in the United States.

Leather Brothers Wins Injunction Protecting OmniPets Ahead of the Fair – On Tuesday, March 21, US District Judge Wendy W. Burger of the Middle Circuit of Florida entered an order granting an injunction against pet product maker Leather Brothers to prevent rival company Springhaus from marketing a line of OmniPets products days before the start of the Global Pet Expo in Orlando, FL.

This week on Wall Street

Japan Becomes Latest Country to Restrict Chipmaking Exports – On Friday, March 31, Japan’s Ministry of Trade and Industry issued a public statement, noting that the country is nearly two weeks ahead of similar announcements by the United States Dozen categories of chipmaking equipment would restrict States and the Netherlands in moves many commentators believe are related to US-China trade tensions over semiconductors.

Nikola Announces Second Public Offering and Will Sell $100M in Stock Nikola also announced a stock purchase agreement with an unidentified investor that will purchase up to $100 million of all outstanding common stock remaining after the public sale of the stock.

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Author: Damedeeso