President-elect Joe Biden should appoint people who “understand the creative community and intellectual property issues,” wrote ASCAP, BMI, Nashville Songwriters Association International, National Music Publishers' Association, RIAA, SoundExchange and dozens of others Monday: It’s “imperative” transition team participants “appropriately represent not just the tech platforms and services that profit from the use of our creative works, but the creators and owners of the works.”
DMF Lighting won a judgment from the Patent Trial and Appeal Board, which ruled in favor of the company in an inter partes review instituted at the request of AMP Plus, dba Elco Lighting, challenging the validity of DMF’s U.S. Patent No. 9,964,266. DMF has won several rulings against Elco in the Patent Office and district court stemming from Elco’s “improper copying of DMF’s patented DRD2 products,” DMF said Monday. The Patent Office decision recognizes the "innovative technology of the DRD2," said Chief Operating Officer Michael Danesh: "DMF invests heavily in research and development to create innovative solutions in lighting." Elco couldn’t be reached for comment.
All YouTube counterclaims about alleged abuse of its Content ID system by plaintiff Pirate Monitor (see 2009220001) claim authorized agents of Pirate Monitor uploaded several videos on YouTube, but that should be disregarded in a motion to dismiss unless backed by specific allegations showing an agency relationship. That's according to Pirate Monitor Friday in a motion to dismiss counterclaims (in Pacer, docket 20-cv-04423) in U.S. District Court in San Francisco. Pirate Monitor and composer Maria Schneider are suing Google's YouTube, alleging it facilitated piracy by keeping individual artists from being able to access Content ID. Pirate Monitor said the counterclaims require specificity in the pleading including alleging facts that identify details about the fraud, but the defendant YouTube alleged none of the particulars. YouTube outside counsel didn't comment Monday.
International Trade Commission Administrative Law Judge Cameron Elliot signed an order (login required) Wednesday in docket 337-TA-1224 setting February 2022 as the target for completing the investigation into allegations that Dell, HP and Lenovo PCs; Hisense, LG and TCL smart TVs; and Intel, MediaTek and Realtek video processors infringe Philips' high-bandwidth digital content protection patents (see 2010190036). Elliot’s order set the investigation's evidentiary hearing for July 19-23.
Granting DivX the import ban it seeks against LG, Samsung and TCL would exclude more than half the smart TVs sold in the U.S., LG responded (login required) at the International Trade Commission in docket 337-TA-1222. The ITC voted Oct. 14 to open a Tariff Act Section 337 investigation into allegations that LG, Samsung and TCL smart TVs and MediaTek, MStar and Realtek video processors infringe four DivX patents on adaptive bit rate streaming (see 2010140042). Samsung and TCL also filed responses Wednesday that were publicly redacted. Though DivX claims the market would continue to be adequately supplied with smart TVs despite the “disruption” of an import ban against three brand-share leaders, “it makes no products itself and provides no evidence that any third party could meet demand,” said LG. “Competition and consumers would suffer.” Smart TVs during the pandemic “have been increasingly relied on for consumer entertainment experiences, streaming video, and remote learning experiences,” said LG. “These technologies are ubiquitous in modern life.” LG “does not, and has not directly or indirectly infringed any valid and enforceable claim” of the DivX patents, said the manufacturer. DivX didn’t respond to questions.
DivX’s Sept. 10 International Trade Commission complaint alleging infringement of four adaptive bit rate streaming patents (see 2009160052) is “unfounded,” Realtek responded (login required) Monday in docket 337-TA-1222. Commissioners voted Oct. 14 to open an investigation (see 2010140042). Also responding are LG, MediaTek, MStar, Samsung and TCL. The ITC should deny “in its entirety” any relief DivX seeks, including exclusion and cease and desist orders, said Realtek. DivX’s complaint is “not factual,” said the chipmaker: The infringement allegations are “baseless and should be withdrawn." DivX didn’t respond to questions Tuesday.
COVID-19-related timing provision adjustments are extended through Jan. 8, the Copyright Office said Monday. Originally to expire May 12, adjustments were previously extended to July 10, Sept. 8 and Nov. 9 (see 2009020031).
All respondents accused in the International Trade Commission probe of infringing Philips high-bandwidth digital content protection patents (see 2010190036) asked Administrative Law Judge Cameron Elliot for an 11-day deadline extension to Nov. 20 for responding. “The ability of Respondents to fully investigate and compile the information necessary to respond to Philips is limited by the current pandemic and corresponding restrictions,” said their motion (login required) Tuesday in docket 337-TA-1224: Philips and ITC staff don’t oppose the extension. The accused products include Dell, HP and Lenovo PCs; Hisense, LG and TCL smart TVs; and Intel, MediaTek and Realtek processors.
International Trade Commission Administrative Law Judge MaryJoan McNamara granted TCL’s motion for a two-week deadline extension to Nov. 17 to file its response to DivX allegations that TCL smart TVs infringe four patents on adaptive bit rate streaming, said her order (login required) in docket 337-TA-1222. Commissioners voted Oct. 14 to open a Tariff Act Section 337 investigation into the allegations against LG, Samsung and TCL smart TVs and MediaTek, MStar and Realtek video processors (see 2010140042). Only TCL asked for the extension, and DivX didn’t oppose the motion. The others were due to have filed their responses Tuesday.
CTA applied to register VOICE + as a trademark to be used for TVs, Patent and Trademark Office records show. CTA “has a bona fide intention, and is entitled, to use the mark in commerce,” said the Oct. 21 application. The association declined comment Thursday.