Bite (noun): More meaty news to sink your teeth into.
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Today’s featured Barks and Bites puppy, Athena, belongs to the proud puppy owner Hon. Gerald E. Rosen Mediator/Arbitrator, former Chief Judge, U.S. District Court for the Eastern District of Michigan (JAMS).
This week in Other Barks & Bites: The CAFC says reasonable expectations of success can be implicit when combined with other analysis; Yale University settles ketamine patent royalty dispute with Department of Veterans Affairs for $1.5 million; USPTO Announces Mary Fuller as New Director of Silicon Valley Regional Office; A group of famous authors is filing a lawsuit against OpenAI, accusing the generative AI company of copyright infringement.
Bites
CAFC Affirms PTAB Obviousness Finding in Precedent Decision on Radiation Therapy Patents
On Friday, September 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) that found certain claims of Elekta Limited’s U.S. Patent No. 7,295,648 to be manifestly unpatentable . Elekta questioned the board’s findings regarding the motivation for the merger and the reasonable expectation of success. In particular, the court explained that the panel’s findings regarding a reasonable expectation of success, which it did not expressly state, were not erroneous because “the determination of a reasonable expectation of success may be implicit.” Addressing the apparent tension with the Administrative Procedure Act (APA), which requires the board to explain its findings with “sufficient precision,” the court said: “No such tension exists when the board makes an implicit finding of a reasonable expectation of success “Consideration and engagement with other, interrelated arguments, including, as we now believe, a motivation for combination.”
USPTO updates website search tool to improve user experience for all visitors
On Thursday, September 21, the USPTO launched an updated general information search tool on its website. The updated search experience includes new features, functionality and customization options for website visitors. “We are pleased to launch this newly improved search tool that will provide website visitors with a better, more efficient search experience,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. The USPTO hopes the tool will allow visitors to access the content they are looking for more quickly.
Yale settles ketamine patent dispute with Department of Veteran Affairs
On Thursday, September 21, the Justice Department announced that Yale University and one of its professors have agreed to pay $1.5 million to the Department of Veteran Affairs (VA) for failure to share patent royalties. The patents covered an intranasal ketamine spray for the treatment of depression. While the patent applications acknowledged VA funding, the government accused the applicants of failing to disclose the VA’s patents. “It is critical that inventions funded by taxpayer dollars be fully and timely disclosed to the government,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “This settlement demonstrates our commitment to ensuring the government receives fair compensation for all taxpayer-funded inventions.”
Authors Guild sues OpenAI for copyright infringement on behalf of popular authors
On Tuesday, September 19, the Authors Guild filed a lawsuit on behalf of some of the most popular US authors, accusing OpenAI, the maker of ChatGPT, of copyright infringement. The group of authors, which included John Grisham, George RR Martin and Jodi Picoult, alleged that the generative AI company had blatantly and harmfully violated their copyright by copying their novels wholesale without permission. According to the lawsuit, OpenAI uses large language model algorithms to create human-sounding text based on a prompt. Authors Guild President Maya Shanbhag Lang said, “This case is just the beginning of our fight to protect authors from theft by OpenAI and other generative AI.”
INTA files amicus brief in Icelandic trademark dispute
On Tuesday September 19, the International Trademark Association (INTA) filed an amicus brief in a case before the General Court of the European Union (GCEU) concerning the registrability of country names as EU trademarks. The trademarks involved in this case were registered in the EU by a British supermarket chain called Iceland, but the Icelandic government requested that the trademark be canceled. INTA argued that state names should not be excluded from trademark registration and asked the court to decide on a case-by-case basis whether a particular state or geographical name is descriptive or non-distinctive with respect to the trademark’s specific designated goods/services is.
EPA report finds significant growth in patent applications for 3D printers
On Tuesday September 19th, the European Patent Office (EPO) published a study that found that patent applications for 3D printing have increased eight times faster than the average for all technologies over the last decade. According to the report, 3D printer patent applications increased by 26.3% annually between 2013 and 2020. The US leads the way in 3D printer patent applications at around 40%, followed by European countries at 33%. The EPA wrote: “This report shows how important 3D printing is in driving innovation and sustainability in all sectors around the world.”
Barks
Copyright Office extends deadline for comments on AI
On Thursday, September 21, the US Copyright Office (USCO) extended the deadline for submitting written comments from the public on artificial intelligence and copyright law. The deadline for initial written comments is now October 30th and reply comments are due by November 29th. AI has become a major topic of discussion for the USCO, with several key decisions broadly outlining the office’s intentions.
Patent infringement suit becomes first live transcription in an Indian trial
According to Bar & Bench, the first live-transcribed hearing in India in a patent infringement suit was held in the Delhi High Court on September 20. According to the report, this was “India’s first trial with live transcription of evidence and arguments.” The lawsuit was filed by the American-Canadian company Communication Components Antenna Inc. against the German company Rosenberger.
The USPTO Patent Center will completely replace the current online patent filing and administration system on November 8th
On Wednesday, September 20, the USPTO announced that on November 8, the Patent Center system will completely replace the USPTO’s existing tools for electronic filing and management of patent applications. The Patent Center launched six years ago, and the USPTO has conducted user testing and made changes based on public feedback. “At the USPTO, we are committed to providing the most reliable tools to provide a seamless approach to our users,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO.
USPTO Announces Mary Fuller as New Director of the Silicon Valley Regional Office
On Tuesday, September 19, the USPTO appointed Mary Fuller as Director of the Office’s Silicon Valley Regional Office. Fuller will assume the new role on September 25, replacing Steve Koziol, the current acting regional director, who will return to his previous role as executive deputy regional director. Fuller has experience in the region, having worked at various startups and technology companies as well as at Santa Clara University School of Law as a senior clinical fellow and adjunct professor. “With decades of experience as an engineer, patent attorney, general counsel, educator and business consultant, Mary will help the USPTO advance innovation throughout the Western region of the country,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO USPTO.
USPTO releases streamlined search tools to support innovators
On Monday, September 18, the USPTO announced updates to its website to improve the site’s search capabilities. The new improvements include site-wide search capabilities, as well as patents and trademarks. The Public Patent Search (PPUBS) now enables full-text searches for patents, and the Office will soon release a beta version of an updated trademark search. “Through these and other enhancements, we are committed to improving our services to America’s innovators to provide a better user experience,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO.
This week on Wall Street
Rupert Murdoch steps down as chairman of News Corp and Fox News
On Thursday September 21, Rupert Murdoch resigned as chairman of News Corp and Fox News and will be replaced by his son Lachlan. The announcement marked the end of a 70-year career that made Murdoch one of the most influential media figures. The end of his term as chairman comes at a tumultuous time for the media conglomerate, as Fox News settled a defamation lawsuit for a record-breaking $787.5 million. Lachlan Murdoch is now sole chairman of News Corp and serves as CEO of Fox Corporation.
Musk points out subscription fee for all Twitter/X users
On Monday, September 18, Elon Musk, owner of X, the social media platform formerly known as Twitter, suggested in a livestream with Israeli Prime Minister Benjamin Netanyahu that the platform would soon charge all users a monthly subscription fee could calculate. Musk has previously suggested putting the site behind a paywall after he was legally required to buy the company for an inflated $44 billion. In the hour-long conversation, Musk said ad sales had halved since taking over the company and claimed the only way to combat bots on the platform was to put the entire site behind a paywall.
Quarterly result – The following companies, which are among the top 300 IPO patent recipients for 2022, will report their quarterly results next week (2022 rank in parentheses):
- Monday: None
- Tuesday: None
- Wednesday: Micron technology (17)
- Thursday: Nike (111), Accenture (177)
- Friday: None
