This week on MIP: UPC issues first injunction, Newman ban
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This week on MIP: UPC issues first injunction, Newman ban

Court of Appeals Federal Circuit Lafayette Park Washington DC
The Court of Appeals for the Federal Circuit

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

Federal Circuit affirms one-year case ban for Newman

The Judicial Council of the Federal Circuit unanimously agreed to ban Judge Pauline Newman from hearing any cases at the panel level or en banc for one year from Wednesday, September 20.

This order followed an earlier recommendation from a committee at the court that has been investigating Newman. The committee consists of Chief Judge Kimberly Moore, Judge Sharon Prost, and Judge Richard Taranto.

Click here to read the full story.

UPC hits NanoString with European sales ban

The Unified Patent Court granted US biotech company 10x Genomics a preliminary injunction against rival NanoString on Tuesday, September 19, in a major first for the new court.

Presiding Judge Matthias Zigann, who handed down the order, said the UPC would decide on another PI request on October 10.

Click here to read the full story.

BMW joins Avanci 5G pool

BMW is the second carmaker to sign up to Avanci’s 5G patent pool following its launch last month, it was confirmed on Monday, September 18.

The carmaker joins fellow German auto giant Mercedes-Benz in signing up for the early royalty rate of $29 per vehicle before the price goes up in February 2024.

Click here to read the full story.

Other articles published by Managing IP this week include:

Behind the case: How Debevoise got Grubhub hungry for TM victory

The UPC story so far: German dominance and CMS ‘liability’ risk

Hard sell: lawyers struggle to move firms during China downturn

Weekly take: IP judge’s ChatGPT use was jolly good … for now

Extra Orange Book scrutiny poses questions for law firm strategy

Elsewhere in IP

ChatGPT: author fightback

A group of authors including Game of Thrones creator George RR Martin sued OpenAI on Tuesday, September 19.

The complaint, which was co-filed by the Authors Guild at the District Court for the Southern District of New York, claims that OpenAI-owned ChatGPT uses copyright-protected texts to create “derivative works” and damages the market for authors.

It is the latest in a series of legal troubles for OpenAI, which is also facing a copyright lawsuit from Getty Images.

Audible sigh of relief

Amazon fended off a patent suit against its music and Audible services on Tuesday, September 19.

A jury at the District Court for the District of Delaware found a patent asserted by plaintiff Tracktime invalid over prior art, and not infringed by Amazon.

Law firm Fenwick & West represented the Seattle-based tech platform.

3D revolution

Patent filings in 3D printing grew eight times faster than the average for all other technologies over a seven-year period, an EPO study revealed on Tuesday, September 19.

Patenting related to 3D grew at an average annual rate of 26.3% between 2013 and 2020.

The US led the way, accounting for 40% of 3D filings between 2001 and 2020, while Europe contributed 30%.

“With this study, we’re taking a global perspective on the 3D printing revolution using international patent data to report on the scope and implications of this technology trend,” EPO president António Campinos said.

Piracy on the rise

Europeans are consuming more pirated TV and sports, marking the end of a downturn in piracy, a new report from the EUIPO has found.

The study, published on Tuesday, September 19, found that digital piracy increased by 3.3% after five years of consecutive decline from 2017 to 2022.

“The new study shows that there is still much work to do to tackle piracy,” said Christian Archambeau, EUIPO executive director.

“Stopping this phenomenon is complex as piracy is continuously evolving with technology. This is why understanding the underlying mechanisms of piracy is essential to adopt effective policies and measures that contribute to reducing it.”

Kilpatrick’s TM hire

Kilpatrick Townsend has hired trademark litigator Jonathan Thomas as a partner in its New York office, the firm announced on Monday, September 18.

Thomas, who was previously a partner at Mayer Brown, will be part of the firm’s advertising and marketing group.

“With false advertising challenges expanding in size and scope, clients regularly face these growing lawsuits,” said Barry Benjamin, chair of the group and managing partner of Kilpatrick’s New York office.

Newman to appeal

The New Civil Liberties Alliance, which is representing Judge Pauline Newman at the Court of Appeals for the Federal Circuit, will appeal againstan order that banned the judge from hearing cases for one year, it announced on Wednesday, September 20.

Newman is also suing her fellow Federal Circuit judges at the District Court for the District of Columbia.

That's it for today, see you again next week.

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