In this week’s Patent News – Apple, Google and Intel institute a complaint against the Director of USPTO; India makes it to the top 50, for the first time, in the Global Innovation Index 2020; IPOS signs agreements with 5 countries to boost IP protection and 10Tales files patent infringement lawsuit against TikTok.
PATENT INFRINGEMENT NEWS UPDATES
Apple, Cisco, Google and Intel file complaint against the Director of USPTO
Apple, Cisco, Google and Intel have reportedly filed a “Complaint for Declaratory and Injunctive Relief” against the Director of USPTO, Adrei Iancu. As reported by Patently Apple, the companies claim that USPTO is not following the IPR procedures laid in the Leahy-Smith America Invents Act (AIA). Paragraph 6 of the complaint explains that “The NHK-Fintiv rule violates the AIA, which allows IPR to proceed in tandem with infringement litigation involving the same patent claims so long as the IPR petition is filed within one year after the petitioner was served with the complaint in the infringement suit. Indeed, the NHK-Fintiv rule defeats the purpose of IPR…” The complaint further explains that the Rule is “arbitrary and capricious” and that “is procedurally invalid because it was not adopted through notice-and-comment rulemaking.” The plaintiffs have requested for a relief whereby the Court declares that NHK-Fintiv rule is unlawful and sets the rule aside.
10Tales files patent infringement lawsuit against TikTok
10Tales is a mobile application that allows users to insert 10-second videos captured on a phone inside professionally-produced TV series and films and add friends to the story. The company has instituted a patent infringement lawsuit against TikTok on the 2nd September 2020. The suit involves U.S Patent No.- 8,856,030 titled “Method, System and Software for Associating Attributes within Digital Media Presentations.” According to the complaint, 10Tale’s patented technology helps to customize a user’s storytelling and sharing experience. The complaint explains that TikTok’s “For You” feed utilizes a “recommendation system” and a “user specific composite digital media display;” similar to 10Tales patented technology where a user’s feed is specifically tailored; thereby infringing its patent. The company is seeking an award for damages and declaratory judgment.
INTERNATIONAL PATENT NEWS UPDATES
IPOS signs agreements with 5 countries to boost IP protection
Intellectual Property Office of Singapore (IPOS) has signed cooperation agreements with Myanmar, Laos, Brazil, Cambodia and China. The cooperation agreements are based on matters like patent re-registration and patent prosecution procedures. The agreements aim to enhance mutual cooperation and build on previous agreements with the respective countries. The cooperative agreements were the outcome of Singapore IP Week, the event was held online this year, due to the COVID-19 pandemic. Other Intellectual Property Offices like the UKIPO, USPTO, JPO and well as CNIPA participated in the event. With regard to the cooperation agreements, the Chief Executive of IPOS, Rena Lee said “The agreements will strengthen global partnerships, which will in turn make it easier and faster for enterprises to respond to the pandemic and grow their business worldwide using Singapore as a hub for their IP activities.”
India makes it to the top 50, for the first time, in the Global Innovation Index 2020
The World Intellectual Property Organization (WIPO), Cornell University and INSEAD, published the 13th edition of the Global Innovation Index (GII) on 2nd September 2020. The Confederation of Indian Industry (CII) was one of the co-publishers of the GII 2020, this year. The special theme of the Index – Who Will Finance Innovation? focused on the challenges faced by innovators around the globe in relation to finding stable and accessible financing mechanisms. Switzerland, Sweden and the U.S.A ranked 1st, 2nd and 3rd, respectively, maintaining their positions from the 2019 Index. India jumped four spots higher and secured 48th rank, reaching Top 50 for the first time. As per the official GII Report, China, Vietnam, India and the Philippines have been recognized as the economies with the most significant progress in their GII innovation ranking.
Highlights of GII 2020
Switzerland ranks 1st for the tenth consecutive year
- Sweden and U.S.A maintain their positions in 2019 and rank 2nd and 3rd, respectively
- K and Netherlands switch spots, ranking 4th and 5th
- Singapore, Germany and China maintain their positions securing 8th & 9th and 14th rank, respectively
- The Republic of Korea enters the Top 10 for the first time in 2020.
- Indian reaches Top 50 for the very first time, ranks 48th
You may click here to access the official Global Innovation Index 2020.
Authored and compiled by Vibha Amarnath
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