The International Trade Commission won’t review an administrative law judge’s decision terminating a Tariff Act Section 337 investigation based on a complaint alleging goods from Apple, Broadcom, Lenovo and other tech firms infringe four GlobalFoundries patents, said a notice in Monday’s Federal Register. The judge terminated the probe Nov. 25, based on a settlement agreement GlobalFoundries reached with the tech firms earlier in the fall, said the notice.

No special rules limit remedies for standards-essential patent (SEP) infringement, regardless of fair, reasonable and nondiscriminatory (FRAND) commitments, DOJ said Thursday. It was a joint policy statement with the Patent and Trademark Office and the National Institute of Standards and Technology. The agencies noted that the “rejection of a special set of legal rules that limit remedies for infringement of standards-essential patents subject to a F/RAND commitment is also consistent with the holdings of the U.S. courts to date.” The Supreme Court’s 2016 eBay decision “made clear that traditional principles of equity apply in determining whether an injunction should issue in any patent case in federal court,” they said.

Comments are due Dec. 26 on the import ban Philips seeks at the International Trade Commission on Garmin and Fitbit wearable monitoring devices that allegedly infringe its patents (see 1912120031), said a notice in Tuesday’s Federal Register. Manufactured by Ingram Micro, Maintek Computer and Inventec Appliances in China, the Garmin and Fitbit activity trackers copy the patented designs of Philips’ GoSafe and HomeSafe motion biosensor and sleep diagnostics products, Philips said. It seeks a limited exclusion order and cease and desist orders against Garmin, Fitbit and the three Chinese manufacturers. "Fitbit plans to defend itself vigorously against all allegations made in the complaint," a spokesperson told us Wednesday. A Garmin spokesperson said the company doesn't comment on pending or ongoing litigation.

The “Do Not Disturb” feature in Apple’s iOS 11 operating system infringes a nearly five-year-old patent for technology to curb distracted driving, alleged a complaint (in Pacer) Friday in U.S. District Court in San Jose. Bay Area restaurateur Nick Bovis, owner of Lefty O’Doul’s and the Broadway Grill, invented a mobile device solution he called “inactive mode” for curbing distracted driving without forcing users to turn off their phones and risk missing important calls or texts, said the complaint. The mode notifies the sender that the recipient is driving and not available to take calls or texts, then generates for the recipient a log of missed communications when the mode is deactivated, it said. Bovis landed a February 2015 patent (8,958,853) and built the technology into an app he called “Off Mode,” available for download at the Google Play store since May 2013, it said. Apple launched Do Not Disturb in iOS in September 2017 with the “same features," said the complaint. It’s “inconceivable that Apple did not know” about the Bovis patent when it launched Do Not Disturb, it said. Instead of licensing the technology from Bovis for a “reasonable royalty,” Apple “helped itself” to the invention and paid him “no compensation,” it said. Apple didn't comment.

Fitness trackers from Fitbit, Garmin and others infringe four Philips patents on activity-monitoring technology, alleged a Tariff Act Section 337 complaint (login required) Tuesday at the International Trade Commission. Philips North America and its Dutch parent seek investigation plus limited-exclusion and cease-and-desist orders banning imports of the proposed respondents, which also include Ingram Micro, Maintek and Inventec. Philips “has dedicated significant resources” to R&D for “the advancement of health monitoring technology,” it noted. The patents date to December 2010 (7,845,228). The most recent (9,961,186) was granted in May 2018 and appears to cover the technology behind the Philips Lifeline medical alert system. None of the proposed respondents commented Thursday.

The Copyright Office is 95 percent complete with GAO 2015 IT modernization recommendations, Librarian of Congress Carla Hayden told the Senate Intellectual Property Subcommittee Tuesday. Copyright Office Director Karyn Temple, who leaves the CO after eight years for the Motion Picture Association (see personals section, Dec. 10), didn’t testify. Hayden detailed IT initiatives as the CO looks to reach 100 percent “very soon.” The online recordation system will allow users to record information on copyright ownership using a digital platform. The office is launching a new public records system to allow the public to search all copyright records. She said a limited recording pilot is expected in spring 2020, a proof of concept for the public records system in late 2020 and a next-generation registration system is expected to be in “full-scale” development later that year. Congress’ initial investment in copyright modernization was about $12 million for five years, and the CO is entering year two. Monday, Chairman Thom Tillis, R-N.C., and ranking member Chris Coons, D-Del., issued a CO modernization bill draft based on subcommittee roundtables (see 1907300069). Key conclusions from the roundtables, Tillis said, are the need for improved communication and transparency for those who use the copyright system daily. It’s essential there isn’t another prolonged period without a Register of Copyrights, he added. The office is working to reduce registration pendency times, modernize IT systems and implement the Music Modernization Act, he noted. CO acting Chief Financial Officer Jody Harry testified it could staff up quickly to implement the Copyright Alternative in Small-Claims Enforcement Act, if passed (see 1910250047), and associated IT needs are “minimal.” Tillis asked about the pros and cons of potentially updating Title 17, through the legislation, to make the CO statutory and essentially align it with the Congressional Research Service at the Patent and Trademark Office. CO centralization and management is analogous to CRS independence and autonomy, Hayden said. Having the ability to interact directly with Congress is a benefit, she said.

The Copyright Office extended the written reply comment period Wednesday for the proposed blanket compulsory license under the Music Modernization Act through Dec. 20 (see 1909240018).

Viavi seeks a ban on imports of LG smartphones that infringe its patents, alleged the company Nov. 14 in a Tariff Act Section 337 complaint (login required) at the International Trade Commission, said Monday’s Federal Register. Viavi said LG's incorporating optical filters and optical sensor systems into its smartphones and tablets that provide 3D depth-sensing and gesture-recognition capabilities. Those optical filters and sensor systems are made by Optrontec and LG Innotek, which sell the components to LG for embedding in its smartphones before they’re imported to the U.S. Viavi requests a limited exclusion order and cease and desist orders against LG Electronics, LG Innotek and Optrontec barring import and sale of infringing devices, optical filters and optical sensor systems. Comments are due Dec. 3. LGE declined comment. LG Innotek and Optrontec didn't answer email queries.

DOJ’s Antitrust Division Friday asked to terminate the Paramount consent decrees, which regulate how certain movie studios distribute films to theaters. The decrees “served their original remedial purposes and no longer serve to promote or protect competition and innovation,” Justice announced. "New technology has created many different movie platforms that did not exist when the decrees were entered into, including cable and broadcast television, DVDs, and the Internet through movie streaming and download services." The request went to U.S. District Court for the Southern District of New York. The division found the decrees' "continued existence may actually harm American consumers by standing in the way of innovative business models for the exhibition of America’s great creative films,” said Antitrust Chief Makan Delrahim.

The Copyright Royalty Board wants comment by Nov. 20 for proposed regulations on rates and terms for digital performance of sound recordings and making associated ephemeral copies. Minimum yearly fees for 2021-25 are $550, $600, $650, $700 and $750.