Other Barks & Bites for Friday, October 27: Apple Hit with Import Ban; Biden Awards Innovators and Scientists with Prestigious Award; and the Commerce Department Names 31 Regional Tech Hubs

Happy Halloween from Colby Jack!

This week in Other Barks & Bites: The International Trade Commission issues a limited exclusion order and cease and desist order for patent-infringing technology in the Apple Watch; Taco Bell wins its last battle against Taco Tuesday trademark; and President Biden announces the recipients of the National Medal of Science and the National Medal of Technology and Innovation.

Bites

ITC Hits Apple with LEO Potentially Banning Apple Watch Imports

On Thursday, October 26, the U.S. International Trade Commission (ITC) issued a limited exclusion order (LEO) and cease and desist order against Apple, potentially barring the technology company from importing Apple Watches. The ITC found Apple violated section 337 by importing Apple Watches that infringed on two Masimo patents that covered technology related to reading blood-oxygen levels. Apple can appeal the ban to the U.S. Court of Appeals for the Federal Circuit after a 60-day presidential review period.

Artist Owes NFT Maker $1.5 Million After Trademark Infringement Ruling

On Wednesday, October 25, a California district court ruled that a conceptual artist who copied Bored Ape’s NFT art had to pay $1.5 million in damages for violating the NFT maker’s trademarks. The artist Ryder Ripps tried to argue that his art was intended to be a parody of Yuga Labs’s NFT art. However, Ripps was found to be liable for the $1.5 million penalty due to a variety of charges including trademark infringement, cybersquatting, and false advertising.

President Biden Announces National Medal of Science and the National Medal of Technology and Innovation Recipients

On Tuesday, October 24, President Joe Biden announced nine winners of the National Medal of Science and ten winners of the National Medal of Technology and Innovation. The two awards are the highest award in their respective fields of science and innovation. The award winners made a wide range of scientific advancements and technological innovations from lifesaving medical treatments to innovations that protect democracy. “The strength of the nation is also measured by its boldness of its science, the quality of its research, and the progress it helps bring forth for not only the country but whole the world,” said President Biden.

Commerce Department Designates 31 Regional Tech Hubs in Effort to Boost Innovation

On Monday, October 23, the U.S. Department of Commerce announced 31 Regional Innovation and Technology Hubs as part of the government’s bid to incentivize domestic innovation, manufacturing, and jobs. The tech hub program is part of the CHIPS and Science Act and also awarded 29 strategic development grants. “Our Tech Hubs Program…will supercharge innovation across the nation by spurring cutting-edge technological investments and creating 21st century job opportunities in people’s backyards,” said U.S. Secretary of Commerce Gina Raimondo.” The tech hubs and grants cover 45 states and Puerto Rico.

Barks

Companies Agree to Dismiss Medical Device Patent Dispute

On Friday, October 27, Edwards Lifesciences and Aortic Innovations agreed to dismiss their ongoing patent dispute before the U.S. Court of Appeals for the Federal Circuit (CAFC). The Patent Trial and Review Board (PTAB) had previously ruled in favor of Edwards who argued two claims in an Aortic patent should not have been granted.

EPO Publishes Report on mRNA Patent Developments

On Wednesday, October 25, the European Patent Office (EPO) published a patent insight report on recent developments in mRNA technologies. During the coronavirus pandemic, mRNA technology entered the popular consciousness due to the critical role it played in the development of the COVID-19 vaccine. However, the EPO report found that mRNA patent activity was already growing previous to the pandemic.

USPTO Issues Pair of Notices Announcing Tribal Consultation and Request for Public Comments on WIPO Negotiations

On Tuesday, October 24, the U.S. Patent and Trademark Office (USPTO) issued two notices announcing a Tribal Consultation and a request for public comments on issues that will be negotiated at the World Intellectual Property Organization (WIPO). The Tribal Consultation will cover issues involving genetic resources, traditional knowledge, and traditional cultural expressions and will be held on January 16, 2024, via webinar. The request for public comments covers the same topics as the Tribal Consultation with written comments due on January 22, 2024.

Taco Bell Triumphs in Taco Tuesday Trademark Battle

On Tuesday, October 24, fast food chain Taco Bell published a press release announcing that it ended its trademark dispute with a New Jersey restaurant, freeing the slogan “Taco Tuesday” from trademark protection. Taco Bell led the charge to reverse “Taco Tuesday” trademark protections owned by smaller restaurants across the country. Gregory’s Restaurant & Bar in New Jersey was the last holdout. 

This Week on Wall Street

U.S. Economy Shows Strong Growth in Third Quarter

On Thursday, October 26, the Bureau of Economic Analysis (BEA) posted the third quarter GDP numbers with the U.S. economy notching an impressive 4.9% annualized GDP growth rate. The growth rate is the highest it has been in the last two years despite increasing interest rates and continued inflation worries.

Amazon Launches Sovereign Cloud to Comply with EU Privacy Laws

On Wednesday, October 25, Amazon Web Services announced the launch of the AWS European Sovereign Cloud to help its customers in the public sector comply with the more stringent data privacy laws in the European Union. The tech company plans to launch the European Sovereign cloud in tandem with a new AWS region in Germany giving all EU customers the ability to access the enhanced privacy controls. The EU strengthened its data privacy laws in part due to concerns surrounding large tech companies hosting sensitive data on public clouds.

Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2022 are announcing quarterly earnings next week (2022 rank in parentheses):

• Monday: ON Semiconductor Corporation (196)
• Tuesday: Caterpillar (90), Advanced Micro Devices (98), Eaton Corporation (165), Stellantis (205), Ecolab (298)
• Wednesday: QUALCOMM (10), PayPal (137)
• Thursday: Apple (14), Styrker (97), Novo Nordisk (277)
• Friday: Berkshire Hathaway (239)