Bites (noun): extra meaty information to sink your tooth into.
Barks (noun): peripheral noise value your consideration.
This week in Different Barks and Bites: the Division of Commerce releases a plan to extend girls’s employment within the semiconductor sector to be able to meet CHIPS objectives; the FTC provides 300 medicine to the FDA’s Orange Guide of junk patent listings; and eight main U.S. newspapers sue OpenAI and Microsoft for copyright infringement associated to ChatGPT.
Bites
Federal Circuit Partially Reverses PTAB As a result of Error in Making use of ‘Printed Matter Doctrine’
The U.S. Courtroom of Appeals for the Federal Circuit (CAFC) on Friday issued a precedential decision partially reversing and partially affirming a collection of selections from the Patent Trial and Attraction Board (PTAB) in inter partes evaluation choices difficult numerous IOENGINE’s storage and information processing patents. Whereas the courtroom affirmed the Board’s findings of unpatentability of many of the claims, it reversed the unpatentability determinations as to sure claims of two of the three asserted patents as a result of it mentioned the PTAB incorrectly interpreted the claimed “encrypted communications” to represent printed matter beneath the “printed matter doctrine.” That doctrine, mentioned the CAFC, applies to “matter that’s claimed for its communicative content material—i.e., the content material particularly being communicated. The very fact that there’s a communication itself isn’t content material; content material is what the communication truly says.”
Division of Commerce Launch Plan to Enhance Ladies Employment in Semiconductor Business
On Thursday, Could 2, the U.S. Division of Commerce announced the CHIPS Ladies in Building Framework, a part of the Division’s technique to double the variety of girls in building. The framework is a set of 5 finest practices to help the completion of tasks funded by the landmark CHIPS and Science Act. Semiconductor producers can voluntarily undertake the record of finest practices, and Intel and Micron Expertise have already introduced that they are going to implement the framework. “If we’re going to meet the nationwide and financial safety imperatives of the CHIPS Program, we’re going to have to determine methods to fill the a whole lot of hundreds of jobs we’re creating, and we gained’t fill these jobs with out rising our building workforce to incorporate extra girls,” mentioned U.S. Secretary of Commerce Gina Raimondo.
CAFC Points Precedential Ruling in Amazon Product Itemizing Patent Infringement Case
On Thursday, Could 2, the U.S. Courtroom of Appeals for the Federal Circuit (CAFC) issued a precedential ruling that revived SnapPower’s lawsuit to clear its title after Lighting Protection Group accused the corporate of patent infringement. LDG initially sued SnapPower accusing the lighting firm of copying its merchandise by means of Amazon product listings, SnapPower filed for declaratory judgment of noninfringement, however LDG claimed its competitor lacked private jurisdiction. The case earlier than the CAFC revolved across the query of whether or not a grievance filed by means of Amazon’s Patent Analysis Specific program establishes private jurisdiction permitting the corporate to sue of their home-state courtroom. The CAFC dominated, “as a result of we conclude LDG purposefully directed extra-judicial patent enforcement actions at SnapPower in Utah, we reverse and remand for additional proceedings.”
FTC Provides 300 Junk Listings to FDA’s Orange Guide, Together with Ozempic
On Tuesday, April 30, the Federal Commerce Fee (FTC) expanded the FDA’s Orange Book by including 300 junk patent listings for diabetes, weight reduction, bronchial asthma, and COPD medicine, together with the favored weight reduction drug Ozempic from Novo Nordisk. As a part of the motion, the FTC sent warning letters to 10 distinguished pharmaceutical corporations together with GlaxoSmithKline, AstraZeneca, Novo Nordisk, Teva, and Novartis. “By submitting bogus patent listings, pharma corporations block competitors and inflate the price of pharmaceuticals, forcing Individuals to pay sky-high costs for medicines they depend on,” mentioned FTC Chair Lina M. Khan. “By difficult junk patent filings, the FTC is combating these unlawful techniques and ensuring that Individuals can get well timed entry to progressive and inexpensive variations of the medicines they want.” Click here for full IPWatchdog protection.
Main U.S. Newspapers Sue OpenAI, Microsoft for Copyright Infringement
On Tuesday, April 30, eight main U.S. newspapers filed a lawsuit accusing OpenAI and Microsoft of copyright infringement. The newspapers accuse OpenAI and Microsoft of utilizing their copyright-protected articles to coach ChatGPT. the New York Day by day Information, Chicago Tribune, Orlando Sentinel, South Florida Solar Sentinel, San Jose Mercury Information, Denver Submit, Orange County Register, and St. Paul Pioneer Press filed the lawsuit. The lawsuit is the second of its sort with The New York Times suing OpenAI and Microsoft in late 2023. The newspapers filed the lawsuit in the identical jurisdiction because the Instances case.
Barks
USPTO Points Replace to Amino Acid Sequence Patent Software Disclosures
On Thursday, Could 2, america Patent and Trademark Workplace (USPTO) issued a last rule that updates laws regarding patent software disclosures containing nucleotide and/or amino acid sequences. The regulation adopts the World Mental Property Group (WIPO) of model 1.7 of its Customary ST.26. The brand new rule will go into impact on Monday, July 1, 2024.
PTAB Invalidates Patent Concerned in $142 Million Infringement Ruling In opposition to Samsung
On Tuesday, April 30, the Patent Trial and Attraction Board (PTAB) invalidated a G+ Communications patent that was a part of a $142 million patent infringement ruling in opposition to Samsung. The South Korean conglomerate was capable of persuade the PTAB that a number of claims within the 5G expertise patent are unpatentable resulting from obviousness. The ruling throws the $142 million patent infringement verdict handed down by a Texas jury into query.
Decide Restricts Former DraftKings Govt’s Position at Rival Playing Agency After Commerce Secrets and techniques Theft
On Tuesday, April 30, a Massachusetts district decide issued a preliminary injunction limiting what a former DraftKings government might do in his new position at playing firm rival Fanatics after his former employer accused him of taking commerce secrets and techniques to his new employer. The injunction doesn’t cease the chief from working for Fanatics, however the brand new worker isn’t allowed to work on components of the enterprise associated to what he was doing at his former employer. The decide mentioned, “DraftKings has established a considerable probability of success on its claims that Hermalyn breached his contractual commitments and misappropriated its commerce secrets and techniques.”
Nike and BAPE Settle Sneakers Design Copyright Infringement Lawsuit
On Monday, April 29, Nike and vogue model A Bathing Ape (BAPE) settled a lawsuit filed by Nike accusing the Japanese model of illegally copying sneaker designs. BAPE agreed to drop or redesign the shoe designs as a part of the settlement. Nike claimed that the designs infringed on its copyright and prompted shopper confusion.
This Week on Wall Road
Federal Reserve Pushes Again Price Minimize
On Wednesday, Could 1, Federal Reserve Chair Jerome Powell announced that the Fed is delaying plans to chop rates of interest in an try to additional curtail inflation. The Fed saved rates of interest at a 23-year excessive of 5.25 p.c to five.5 p.c, claiming that there was an absence of progress on inflation discount. In an announcement, the Federal Reserve mentioned, “the Committee doesn’t count on it will likely be applicable to cut back the goal vary till it has gained higher confidence that inflation is shifting sustainably towards 2 p.c.”
Tesla Fires Workforce Growing Quick Chargers
On Monday, April 29, The Info first reported that Tesla CEO Elon Musk knowledgeable workers that the practically 500-person crew within the EV producer’s Supercharger division is being laid off. Simply two weeks in the past, Musk fired 14,000 on the firm and his newest e mail left the door open for extra layoffs. The transfer left customers who depend on the quicker Superchargers in addition to different EV producers stunned.
Quarterly Earnings – The next corporations recognized amongst the IPO’s Top 300 Patent Recipients for 2023 are saying quarterly earnings subsequent week (2023 rank in parentheses):
- Monday: Palantir (219)
- Tuesday: Walt Disney Firm (272)
- Wednesday: Toyota (7), Emerson Electrical (158)
- Thursday: Honda (28)
- Friday: None