The U.S. Trade Representative’s (USTR) decision to overturn an International Trade Commission ruling this weekend surprised the patent litigation community, members of which told us the decision could have substantial implications for cases on standard essential patents (SEPs) at the ITC. But lawyers told us the case was unlikely to have a major impact on the bulk of the ITC’s caseload, or on its larger role in patent litigation. They said the ban would likewise not impact two connected patent disputes between Apple and Samsung that are set to advance Friday. Industry analysts told us the USTR decision would create more uncertainty in the industry, but wouldn’t overwhelmingly affect any one company’s business model.
Rovi restarted patent licensing discussions with Netflix after an International Trade Commission administrative law judge ruled the video streaming service didn’t violate one of four patents at the heart of a 2012 case, Rovi said. Still, but Rovi is prepared to take the case to a federal trial, CEO Thomas Carson said on an earnings call.
New certification requirements proposed by the Consumer Product Safety Commission (CPSC) threaten to add new liability issues and costs in the use of customs brokers, said the Express Association of America (EAA) in comments to the CPSC. The EAA joined a slew of other trade associations and companies that voiced major concerns with the proposal at the CPSC (see 13073014). There were numerous objections to the new rules in the comments (here), some of which compared the proposal to the controversial filing requirements imposed under the Lacey Act.
Barnes & Noble didn’t immediately comment on a Nook-related patent infringement lawsuit that was filed in U.S. District Court in New York by ADREA, which says on its website it was “created to advocate for electronic reading and the evolution of electronic books, and to promote literacy.” The retailer listed the suit in a 10-K filing at the SEC Monday, but didn’t comment on the claims by ADREA, which filed the complaint June 14. B&N and its barnesandnoble.com and Nook Media divisions were named as defendants. B&N has until Aug. 9 to respond to the complaint, it said.
Barnes & Noble didn’t immediately comment on a Nook-related patent infringement lawsuit that was filed in U.S. District Court in New York by ADREA, which says on its website it was “created to advocate for electronic reading and the evolution of electronic books, and to promote literacy.” The retailer listed the suit in a 10-K filing at the SEC Monday, but didn’t comment on the claims by ADREA, which filed the complaint June 14. B&N and its barnesandnoble.com and Nook Media divisions were named as defendants. B&N has until Aug. 9 to respond to the complaint, it said.
Public interest groups clashed with trade associations and media owners over cross-ownership rules in comments filed in docket 09-182 on the Minority Media & Telecommunications Council’s cross-ownership impact study. Monday was the filing deadline for comments on Impact of Cross Media Ownership on Minority/Women Owned Broadcast Stations, which was released in May (CD May 31 p1). “The MMTC Study is not adequate to support the conclusion that any cross-ownership rules should be changed in this proceeding,” said the National Association of Black Owned Broadcasters in its comments. Groups such as NABOB and Free Press attacked the study for not being sufficiently quantitative and having a small sample size, while trade associations and others pointed to what they said is a lack of evidence supporting cross-ownership rules and urged the FCC to change them. “The record in fact supports broader reform of the broadcast ownership rules, including the local television and local radio rules, to allow broadcasters to achieve economies of scale and scope and enhance their service to the public,” said NAB.
The 8th U.S. Circuit Court of Appeals affirmed a lower court decision awarding the Amera-Seiki Corporation insurance money for a piece of industrial equipment it imported that was damaged at the Port of Los Angeles. The Northern Iowa District Court had ruled that The Cincinnati Insurance Company had to pay out $337,025.50 plus prejudgment interest to cover the loss.
A former U.S. Marine and Staff Sergeant in a U.S. Special Forces National Guard Unit was sentenced to 24 months in prison and three years of supervised release for smuggling weapons for export to China, according to a press release from the U.S. Attorney’s office for the Eastern District of New York. In violation of the Arms Export Control Act, Joseph Debose of North Carolina shipped semi-automatic handguns, rifles and shotguns to co-conspirators, who in turn transported them to be shipped to Chinese customers. The U.S. Attorney’s office said Debose is one of four individuals convicted of weapons trafficking and export offenses in connection with this case.
Electric utility companies are supporting a petition for the Supreme Court to find unlawful provisions of the FCC’s 2011 pole attachment order bringing ILECs within the protections of the Pole Attachment Act. The U.S. Court of Appeals for the D.C. Circuit in February upheld the rules (CD Feb 27 p9), which give advantages to some companies that seek to attach cables and network equipment to utility poles. In amicus briefs, the Edison Electric Institute and several electric companies argued that the FCC overstepped its jurisdiction when it waded into a long and successful history of private contractual relationships between ILECs and electric utilities.
A group of U.S. companies filed petitions July 2 requesting antidumping duties on oil country tubular goods (OCTG) from India, Philippines, Saudi Arabia, South Korea, Taiwan, Thailand, Turkey, Ukraine and Vietnam and countervailing duties on oil country tubular goods from India and Turkey, alleging unfairly traded imports are injuring domestic industry. U.S. Steel, Vallourec Star, TMK IPSCO, Energex, Northwest Pipe Company, Tejas Tubular Products, Welded Tube Company, Boomerang Tube, and Maverick Tube Corporation alleged that undersold and illegally subsidized imports from those countries are causing injury to U.S. industry.