Other Barks & Bites for Friday, March 15: Caltech and Microsoft Settle Patent Infringement Lawsuit; USPTO and USCO Release Joint NFT Study; and Danish Soccer League Wins Trademark Battle with the Super League

This week in Other Barks & Bites: the U.S. Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case.

Bites

CAFC Affirms PTAB Finding for Robot Vacuum Patent Owner

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday affirmed a Patent Trial and Appeal Board (PTAB) finding that iRobot Corp.’s patent on an autonomous vacuum system was not shown by SharkNinja Operating LLC to be unpatentable. SharkNinja challenged certain claims of iRobot’s U.S. Patent 7,571,511 as obvious on multiple grounds. The PTAB ultimately concluded that SharkNinja had failed to show that  the combination of the asserted prior art rendered the claims obvious and the CAFC agreed.

Breitling Wins Appeal in Red Gold Copyright Infringement Case

On Thursday, March 14, a U.S. appeals court ruled that the watchmaker Breitling’s use of “Red Gold” in advertising was a descriptive fair use and therefore did not infringe on the “Red Gold” trademark owned by a jeweler. The appeals court upheld a district court ruling that found that Breitling’s use of “Red Gold” in advertising did not infringe on Solid 21’s trademark because Breitling’s use was only used to refer to the color of the watches not as part of its brand. The courts also found that Breitling had been using the term before the jeweler registered the trademark for their brand.

USPTO and Copyright Office Release Study on NFTs

On Tuesday, March 12, the USPTO and the USCO released a joint study on the IP implications of non-fungible tokens (NFTs). The offices concluded that “existing statutory enforcement mechanisms are currently sufficient to address infringement concerns related to NFT applications,” and NFTs did not require new practices. Instead, they suggested public education initiatives to increase awareness and understanding of NFTs and their relation to IP.  “At the USPTO, we continue to work side-by-side with industry and government collaborators such as the Copyright Office to better understand the IP implications of these evolving technologies through initiatives such as our Artificial Intelligence and Emerging Technologies (AI/ET) Partnership,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO.

Caltech and Microsoft Settle Patent Infringement Lawsuit

On Tuesday, March 12, Microsoft and the California Institute of Technology (Caltech) agreed to settle a patent infringement lawsuit filed by the university over several wi-fi patents. The two sides are still finalizing a settlement agreement, but they told the Texas district court to halt the legal proceedings. Caltech previously won a $1 billion verdict against Apple and Broadcom related to some of the same patents.

New York Times Denies OpenAI’s ‘Hacking’ Allegations in Copyright Infringement Dispute

On Monday, March 11, The New York Times denied OpenAI’s claims that the media organization hacked ChatGPT to create misleading copyright infringement evidence. The news company filed a memorandum in opposition to OpenAI’s motion to dismiss several portions of the company’s lawsuit against the growing tech company. The ChatGPT maker accused the Times of hiring a “hacker” to manipulate ChatGPT into producing its copyrighted material. In response, the media organization claimed OpenAI is attempting to grandstand and said, “OpenAI’s attention-grabbing claim that The Times “hacked” its products is as irrelevant as it is false.” For full IPWatchdog coverage, click here.

Barks

German Chipmaker Sues Chinese Counterpart for Patent Infringement

On Thursday, March 14, German chip maker Infineon Technologies announced that it has sued the Chinese company Innoscience accusing the rival of patent infringement in the United States. The patent relates to gallium nitrate-powered semiconductors. In a press release, Adam White, President of Infineon’s Power & Sensor Systems Division, said, “we vigorously protect our intellectual property and thus act in the interest of all customers and end users.”

EUIPO Receives Record Number of Replies to Consult on 2030 Strategic Plan

On Thursday, March 14, the European Union Intellectual Property Office (EUIPO) announced that it has received a record number of replies to consult on its 2030 strategic plan. In total, the office received over 2150 replies, a large uptick from what it received on its last 5-year plan in 2019. According to the office, “the responses prioritized the need to “optimize operational efficiency and effectiveness towards long term sustainable excellence” and to* “improve access to the IP system and promote the use of IP rights in support of innovation-driven economic growth.””

Danish Soccer League Wins Super League Trademark Battle

On Wednesday, March 14, the top soccer league in Denmark, the Danish Superliga, won its trademark battle against the group proposing a new, controversial European Super League. The European Union Intellectual Property Office (EUIPO) ruled that the new potential league formation cannot register the trademark for The Super League because the Danish league already owns that mark. Several top teams have tried to pull away the best teams in Europe from their domestic leagues in order to create a so-called Super League, however, the potential league has faced harsh backlash from fans and has been rejected by many teams.

Minnesota Jury Grants Willis Electric Largest Patent Infringement Verdict in State’s History

On Monday, March 11, a Minnesota district court jury increased the amount to be awarded to Willis Electric to $71.4 million making it the largest award for patent infringement in Minnesota history. The court had already awarded Willis Electric about $42.5 million after ruling Polygroup had willfully infringed on a Willis Electric patent related to Christmas tree lights. While the jury refused to triple the damages because they found the infringement was not egregious, wanton, and willful, they tacked on $28.9 million in prejudgment interest.

This Week on Wall Street

Sierra Club Sues SEC Over Climate Disclosure Rule for Shareholders

On Wednesday, March 13, the Sierra Club filed a lawsuit against the Securities and Exchange Commission (SEC) arguing a new rule that would require publicly-traded companies to reveal risks that climate change proposes to their business does not provide shareholders with enough information. The Sierra Club wants the SEC to implement a rule that goes further to fully disclose the emissions caused by the use of their products. About 20 states have also filed lawsuits against the SEC and have argued that it places too much burden on publicly-traded companies. “While it has the legal authority to issue the rule, the SEC succumbed to industry pressure and finalized a rule that opens investors to greenwashing and rapidly widening disclosure gaps,” said Hana Vizcarra, Senior Attorney at Earthjustice, in a statement.

Southwest Pulls Back Capacity Plans After Boeing Woes

On Tuesday, March 12, Southwest Airlines announced it will cut back on its increased capacity plans and is reevaluating financial forecasts in part due to Boeing’s recent woes. The airplane manufacturer is reporting production delays and has also been mired in controversy after a whistleblower alleged the company had been fitting substandard parts onto its aircraft. “Boeing needs to become a better company,” Southwest CEO Bob Jordan said at a conference.

Quarterly Earnings – The following firms identified among the IPO’s Top 300 Patent Recipients for 2023 are announcing quarterly earnings next week (2023 rank in parentheses):

• Monday: None
• Tuesday: None
• Wednesday: Micron Technology (11)
• Thursday: Nike (100), Accenture (244)
• Friday: None