Other Barks & Bites for Friday, : Scotus Denies!!

Other Barks & Bites for Friday, April 29: SCOTUS Denies

The USPTO updates its website to improve transparency surrounding the process for requesting Director review of PTAB decisions under Arthrex; former Federal Circuit Judge Kathleen O’Malley joins Irell & Manella as counsel with a practice focusing on litigation consulting; the Ninth Circuit affirms the dismissal of trademark and right of publicity claims filed by Chuck Yeager against sales and promotional material developed by Airbus; the Ninth Circuit affirms the dismissal of trademark and right of publicity claims filed by Chuck Yeager


The United States Patent and Trademark Office (USPTO) has published web sites to increase transparency in Arthrex Director Reviews — The US Patent and Trademark Office updated its webpage on the interim process for Director review requests of Patent Trial and Appeal Board (PTAB) rulings under Arthrex v. Smith & Nephew on Friday, April 22. It also included a new webpage with status updates on Director review requests. USPTO Director Kathi Vidal stated in the agency’s statement that the agency will release a request for feedback in the coming weeks as it works to codify the Director review request procedure under Arthrex and improve transparency in those agency processes.

Public Comments on the ‘Article of Manufacture’ Requirement are summarized in a USPTO report – Following its December 2020 Federal Register Notice (FRN) on whether the Office’s interpretation of 35 U.S.C. section 171—specifically, the “article of manufacture” requirement—”should be revised to protect new and emerging technologies including digital designs,” the USPTO has published a summary of comments received. The whole report can be seen here. In her most recent Director’s blog, USPTO Director Kathi Vidal also addresses the criticisms.

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USTR Statement to HuffPost Indicates Efforts to Release TRIPS Waiver Draft Text – On Thursday, April 21, HuffPost reported that the Biden Administration had sent a statement to the online news site through the office of the United States Trade Representative, indicating that the US was stepping up efforts to get World Trade Organization (WTO) Director-General Ngozi Okonjo-Iweala to publicly release the current draught text of the waiver of reciprocal IP obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for a new round of negotiations. The Biden Administration is hoping for feedback on the draught waiver text from members of Congress.


Melomega Music Sues Justin Bieber for Copyright to “10,000 Hours” – International Manufacturing Concepts, doing business as Melomega Music, filed a lawsuit in the Central District of California on Thursday, April 21, alleging copyright infringement against Justin Bieber and others engaged in the development of the 2021 single “10,000 Hours.” Melomega claims that the song is a rip-off of Palmer Rakes and Frank Fioravanti’s 1980 song “The First Time Baby Is A Holiday,” which was created but not released until 2014.

Two-thirds of respondents say they want to use the new Ombuds Office, according to the EPO — The European Patent Office (EPO) released the findings of its public consultation on the agency’s new Ombuds Office on Thursday, April 21, revealing that 67 percent of respondents intend to use the office’s resources at least once per year to resolve concerns with EPO services.

IMDb.com is being sued for trademark infringement over the Freevee movie streaming service — Kamino Trade Federation, the operator of the ad-supported movie streaming service Freebie TV, filed a lawsuit in the Northern District of Texas against online movie database IMDb.com on Wednesday, April 20. Kamino claims that IMDb.com’s rebranding of its IMDb TV ad-supported movie service to Freevee is confusingly similar to registered trademarks covering Freebie TV.

Monster Energy sues the Monster Dollar retail store for trademark infringement – Monster Energy filed a complaint in the Western District of Washington on Wednesday, April 20, alleging trademark and trade dress infringement against Pelmir Enterprise, which owns a retail outlet called Monster Dollar in Federal Way, WA.

On Wall Street This Week

Other Barks & Bites for Friday, December 31 - IPWatchdog

After missing revenue expectations, Snap stock sees volatile after-hours trading — Snap Inc., an American social media company, released its earnings report for the first quarter of the fiscal year 2022 on Thursday, April 21, showing that revenue expectations were slightly missed ($1.06 billion earned vs. $1.07 billion expected), but the company did beat analyst forecasts on global daily active subscribers (332 million vs. 330 million expected). After-hours trading on Snap shares was choppy, with the stock plunging by more than 4% and then soaring by 7% before returning to essentially the same price as it was at the close of trade on Thursday.

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Netflix’s stock has dropped 35% this week after the company reported its first net subscriber loss in a decade — On Tuesday, April 19, Netflix released its financial report for the first quarter of 2022, revealing that the business lost 200,000 customers during the quarter, falling short of analyst projections of 2.5 million new subscribers and driving Netflix shares down as high as 35% in Wednesday trading.

Quarterly Results – The companies listed below, which are among the IPO’s Top 300 Patent Recipients for 2021, will report quarterly earnings next week (2020 rank in parentheses):

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