William Everly operates “illicit streaming services” under the brand PrimeStreams that capture Dish Network’s internet communications of TV programming by circumventing Dish’s security measures and then retransmits that content to customers who purchased access to those services from Everly, alleged Dish and Sling TV in a complaint Friday (docket 3:22-cv-01748) in U.S. District Court in Toledo, where Everly lives. Everly is believed to have transitioned “FireStick Steve” resellers to a new rebranded version of the PrimeStreams service that Everly created called Tixe Hosting, it said. Everly was notified in a July 15 cease and desist letter that his operation of the illicit services violated federal laws, but the illegal services “continue to operate,” the complaint said. It alleges violations of the Federal Communications and Digital Millennium Copyright acts, and seeks a permanent injunction to take down Everly’s services. Everly didn’t comment Monday.

New York City entity Amazon Warranty Corp. (AWC) continues to infringe Amazon’s trademarks in violation of the Lanham Act and in a breach of a June 2021 settlement agreement to stop the infringement, alleged Amazon in a complaint Friday (docket 1:22-cv-08391) in U.S. District Court in Manhattan. AWC’s breach of the settlement agreement “has resulted in damages to Amazon,” it said. Monetary compensation for the breach “is inadequate to compensate” for its losses, it said, and Amazon “lacks an adequate remedy at law,” it said. In addition to monetary damages, Amazon “is entitled to an order for specific performance” of the agreement requiring AWC to cease all uses in commerce of the Amazon trademarks and turn over “ownership and control” of the AWC website domain to Amazon, as it agreed to do in 2021, it said. AWC didn’t comment Monday.

Yout's argument that its YouTube-ripping software doesn't violate the Digital Millennium Copyright Act (DMCA) fails to make a plausible case that YouTube lacks technological measures controlling access to videos there and that Yout software therefore doesn't circumvent such measures, U.S. District Judge Stefan Underhill of Bridgeport, Connecticut, said in docket 3:20-cv-1602 ruling Friday. The idea Yout tech has commercially significant purposes other than YouTube ripping isn't plausible given how Yout profits from advertisements and subscriptions, the judge said, granting defendant Recording Industry Association of America's motion to dismiss plaintiff Yout's complaint. Yout had sought a declaratory judgment that its software, which allows users to make copies of streaming video and audio files, didn't violate the DMCA. Yout didn't comment.

The “sales process” continues as BlackBerry divests its legacy patent portfolio to Catapult IP Innovations for $600 million (see 2201310001), said CEO John Chen on an earnings call Tuesday for fiscal Q2 ended Aug. 31. “We understand that the length of time that this has taken is frustrating for shareholders, and we are equally as frustrated, if not more, as we work on it every day,” he said. “We firmly believe that divesting the portfolio remains the best option for shareholder value.” Catapult is working to conclude its financing “in parallel to getting government approval,” said Chen. “We believe the turmoil in the financial markets created unexpected challenges for their original financing syndicate.” There has been “much interest from other parties wanting to step in to take their place,” he said. BlackBerry also is finalizing its plan to “restart” the patent “monetization engine ourselves, should that be necessary,” he said. The “macro environment” for automotive “remains a mixed picture with varying dynamics across regions and OEMs,” said Chen. The Chinese market, where BlackBerry won several designs recently, “appears to be bouncing back, due to the end of some COVID-related shutdowns and the impact of robust stimulus measures,” he said. But in North America and Europe, “there appears to be a short-term contraction with certain chip supplies, constraining the ability of OEMs to build inventory and meet demand,” he said. “Going forward, the impact of rising interest rates” on consumer financing “creates the possibility of future choppiness,” he said.

Long after Visier began using its federally registered trademark in connection its machine-learning-based people analytics software application, Google began using the “nearly identical” mark Vizier for software that optimizes the performance of ML platforms, said a Visier trademark infringement and unfair competition suit Monday (docket 3:22-cv-05323) in U.S. District Court in San Francisco. Visier promptly contacted Google, advising the company of its trademark rights and its concern that Google’s “use of a nearly identical mark for software that is both closely related and complementary to the software offered by Visier is likely to cause confusion among consumers,” said the complaint. Visier asked Google to stop using the Vizier mark and transition to a new name, but Google “has refused to do so,” it said. Amid Google’s ability to “swamp the market” via its search engine and other means, “there is a real danger that consumers could be led to believe that Visier is simply reselling or repackaging Google technology, or is infringing upon Google’s intellectual property rights, causing reverse confusion,” said the complaint. It seeks an injunction and statutory damages for violations of the Lanham Act, plus a recovery of Google’s profits associated with its infringement. Google didn’t comment.

Origin Acoustics signed an exclusive licensing agreement for the technology and patents of Flush Mount, a maker of wall switches and outlets, it emailed Wednesday. Custom integrator Marty Guthmiller, owner of Performance Audio Video, Phoenix, founded the Flush Mount brand as a more design-focused offering for builders that was simple for integrators to install. "Flush Mount technology allows for greater flexibility than what we’ve seen available in the market, and we are looking forward to expanding on the vision from Flush Mount as we continue to develop this category,” said Origin Chief Marketing and Strategy Officer Gordon Isaac.

The International Trade Commission opened separate Tariff Act Section 337 investigations (dockets 337-TA-1329 and 337-TA-1330) into allegations in two Google complaints that Sonos audio players with Sonos Voice Control, plus those that support wired or wireless charging or the “commissioning of devices into a system via short-range transmissions,” infringe seven Google patents. Sonos, over Google’s opposition, asked the ITC last month to consolidate the two complaints into a single investigation, citing “significant overlap” between them (see 2208240043). The ITC thus far has declined to do so, and it assigned separate administrative law judges to each investigation.

The Bureau of Industry and Security released an interim final rule Thursday expanding an authorization for the release of some controlled software and technology to all entities on the agency’s Entity List if the release is for the purposes of standards-setting activities. Previously, the authorization had applied only for some Entity List entities, namely Huawei and its affiliates. The interim rule takes effect Friday. The long-anticipated interim final rule also amends definitions related to the authorization, including by setting a new definition for what is a standards-setting activity. It allows for the release of software and technology for cryptographic standards. The previously issued authorization had also mentioned only technology, and not software. Industry had called for the expansion of the authorization in recent years, saying that restricting the authorization to Huawei was causing uncertainty and chilling participation in standards bodies (see 2204130072). The national security threat from ceding U.S. participation “outweighs the risks related to the limited release of certain low-level technology and software to parties on the Entity List in the context of a ‘standards-related activity,’” BIS said in the new interim final rule.

Xperi’s board expects the spinoff of the company’s IP licensing business, Adeia, from the Xperi product business to be complete around Oct. 1, said the board Thursday. Xperi will begin “regular-way” trading on the New York Stock Exchange Oct. 3 under the XPER symbol; Adeia is expected to trade on the Nasdaq under the new stock symbol ADEA, it said. The spinoff remains subject to certain conditions being satisfied or waived by the closing date.

Motorola Mobility granted SGW Global the exclusive worldwide rights to develop and market the Motorola brand of home audio products, with the exception of India, said the companies Wednesday. SGW previously had a license for Motorola-branded personal audio goods. The new home audio license includes amplifiers, receivers, stereo shelf systems, turntables, sound bars, speakers, subwoofers and home theater systems, plus accessories such as speaker stands, audio cables, connectors and remotes.