Comments are due May 13 in docket 337-3617 at the International Trade Commission on the public interest ramifications of the limited exclusion and cease and desist orders that Bell Semiconductor seeks in an April 28 complaint against 16 tech companies for allegedly infringing a February 2006 patent for inserting “dummy fill” into a circuit design, says a notice for Thursday’s Federal Register. The patent (7,007,259) was originally assigned to LSI Logic. The proposed respondents are Acer, AMD, Analog Devices, Bose, Infineon Technologies, Kioxia, Lenovo, Marvell Technology, Micron Technology, Motorola Mobility, NXP, Nvidia, SMC Networks, Qualcomm, Socionext and Suteng Innovation Technology.
An International Trade Commission administrative law judge set a Sept. 4, 2023, target date for completing the Tariff Act Section 337 investigation into allegations that devices from Apple, Google, Lenovo, Microsoft, OnePlus, Samsung and TCL infringe a 2007 patent owned by Arigna Technologies for power semiconductors that provide short-circuit protection (see 2203310038). Arigna’s Feb. 11 complaint (supplemented Feb. 23 and amended March 17) seeks limited exclusion and cease and desist orders against the allegedly infringing devices. The parties need to submit a proposed procedural schedule by May 16 that accounts for the target date, including the May 4, 2023, deadline when the ITC's initial determination would be due, said an order Friday signed by ALJ Monica Bhattacharyya in docket 337-TA-1308.
The Patent and Trademark Office will discontinue issuing paper trademark registration certificates, making them digital-only beginning June 7, says a notice for Monday’s Federal Register. Public comments the agency received “indicated a strong preference” for issuing the certificates in a “digital format,” it said. Certificates issued digitally will bear the "electronic signature" of the PTO director, plus a digital seal, "which will authenticate the registration," it said. The change will make the certificates “more accessible for trademark owners” and reduce the time it takes to receive them in the mail, it said. It also will promote PTO’s efforts “to positively impact the environment by reducing the use of paper,” it said. Trademark owners who file their initial applications before June 7 will qualify to order one “presentation copy” of their certificates for free once their registrations are approved; others will pay $25 a copy. They’re single-page condensed versions of issued registration certificates, suitable for framing, printed on heavy paper with a gold foil seal, it said.
Comments are due May 9 in docket 337-3616 at the International Trade Commission on the public interest ramifications of the cease and desist and limited exclusion orders that Broadband iTV (BBiTV) seeks in an April 22 complaint on set-top boxes from Comcast, Charter and Altice for allegedly infringing four patents on VOD and electronic program guide technologies, says a notice for Friday’s Federal Register. “The accused products relate to consumer entertainment and do not implicate public health, safety, or welfare concerns,” said the complaint. Consumers would “continue to have access to like or directly competitive products and services,” including those from BBiTV licensee Dish Network, so an import ban “will not harm the public interest,” it said. Comcast, Charter and Altice didn’t comment.
The Copyright Office is requesting information on developing standard technical measures (STM) for the “protection of copyrighted works, as defined in section 512 of Title 17,” the CO announced Wednesday. Senate Intellectual Property Subcommittee Chairman Patrick Leahy, D-Vt., and ranking member Thom Tillis, R-N.C., asked the CO to explore the issue. They introduced legislation in March that would authorize the Library of Congress to designate mandatory technical measures for online platforms to combat piracy (see 2203180069). The CO held stakeholder discussions in 2020 on the legality of STMs. Comments are due May 27. The office is conducting a separate but related examination of voluntary technical measures.
Administrative Law Judge Monica Bhattacharyya at the International Trade Commission granted the unopposed motion by seven respondents for a two-week extension to May 6 to answer the Arigna Technologies complaint alleging smartphones and laptops from Apple, Google, Lenovo, Microsoft, OnePlus, Samsung and TCL infringe a 2007 patent on power semiconductors with short-circuit protection (see 2203310038), said her order Friday in docket 337-TA-1308. “Good cause supports” granting the request, said the respondents' Thursday motion. The extension will give the respondents -- some U.S. entities, others foreign -- the “necessary time to review and analyze the allegations” involving “numerous accused products,” and will allow all the respondents to respond on the same deadline, they said. The ITC voted March 28 to open a Tariff Act Section 337 investigation into Arigna’s allegations.
If the U.S. Court of Appeals for the 5th Circuit doesn’t rehear an antitrust case involving standard essential patents (SEPs), it will harm consumers and access to Wi-Fi and 5G products, tech groups argued Wednesday in 20-11032. Continental Automotive Systems sued Avanci in 2020, arguing the latter’s refusal to sell an SEP license on fair, reasonable and nondiscriminatory (FRAND) terms is a violation of antitrust law. The Computer and Communications Industry Association, the App Association, High Tech Alliance and the Public Interest Patent Law Institute signed a joint amici brief asking the court to allow the lawsuit to proceed. The 5th Circuit is reviewing a February panel decision dismissing the claim. Avanci broke its promises under FRAND terms so “that it could make more money by licensing more profitable companies,” said CCIA Patent Counsel Joshua Landau. “If the panel decision stands, SEP patent holders will see a green light to withhold licenses, harming competitors and consumers alike.”
Movie studio plaintiffs landed a permanent injunction giving them control of the PrimeWire video piracy sites, per an order Wednesday (docket 2:21-cv-09317) by U.S. District Judge Mark Scarsi in Los Angeles, as he granted them default judgment. He said the defendants haven't defended the copyright violation litigation, despite making changes to PrimeWire in response to court orders (see 2203230040).
TCL signed a license agreement with DivX that “puts an end to all pending patent litigation matters between the parties,” said the licensor Wednesday. A DivX complaint at the International Trade Commission in November sought an import ban on TCL smart TVs for allegedly infringing a September 2014 patent on adaptive bitrate streaming (see 2111300045). The complaint progressed in February to a Section 337 investigation. DivX and TCL intend to file a joint motion to terminate the investigation, said an April 14 order signed by Administrative Law Judge Monica Bhattacharyya. TCL didn’t comment Wednesday.
The Computer & Communications Industry Association looks forward to working with recently confirmed U.S. Patent and Trademark Office Director Kathi Vidal to improve patent examination, the association said Wednesday. Computer & Communications Industry Association patent counsel Joshua Landau highlighted the need for high quality patent examination and to “strengthen the IPR system for second-look review of patents that never should have been issued." The Senate confirmed Vidal by voice vote Tuesday.