Welcome to this edition of IP Five in 5 – where we’ll cover the top five IP news stories in 5 minutes or less. Highlights from this week’s edition include the Apple watch import ban over the Masimo patent dispute, Apple and Samsung knocking out two more smart mobile patents, and more.
Patent Spotlight
The US Trade Tribunal Issues a Potential Apple Watch Import Ban Over the Masimo Patent Dispute
On October 26, the US International Trade Commission (ITC) issued an order that could bar Apple from importing its Apple Watches into the US after finding the devices violate medical technology company Masimo’s patent rights. A presidential review will determine its enforcement within 60 days, and Apple can appeal to the U.S. Court of Appeals for the Federal Circuit afterward. This case is part of a broader IP dispute between the two companies.
Source: Reuters
Apple and Samsung Invalidate Two More Smart Mobile Patents
Apple and Samsung succeeded in invalidating two additional Smart Mobile Technologies wireless patents at the U.S. Patent and Trademark Office. This marks their fourth victory against Smart Mobile, with ten more patent challenges in progress. The Patent Trial and Appeal Board found the patents obvious due to prior inventions. Apple’s lawsuit has been halted, while Samsung’s case continues.
Source: Bloomberg Law
HTC Faces $8.9M Verdict in Wireless Patent Clash
On October 16, 2023, the Delaware federal court jury ruled against HTC, ordering payment of over $8.9 million in damages to a Luxembourg-based patent licensing firm. The verdict comes after a five-day trial, finding HTC’s LTE data communication technology in smartphones infringed on 3G Licensing’s patents. The jury also determined that HTC’s infringement was willful, possibly leading to an increased award.
Source: Reuters
Trademark Spotlight
Unilever Settles Trademark Lawsuit Over ‘Not Done Yet’ With Charity
On October 23, 2023, Unilever and the I’m Not Done Yet Foundation settled their trademark conflict concerning Unilever’s ‘Not Done Yet’ slogan. The charity, which supports young cancer patients, filed a lawsuit alleging confusion and harm to its fundraising efforts. Although terms remain undisclosed, the settlement resolves the legal dispute in principle, as noted in the New York federal court docket.
Source: Reuters
Copyright Spotlight
Zazzle to Face Trial Over Font Creator’s Copyright Claims
Zazzle Inc. will proceed to trial over claims that it violated a font creator’s copyright and contract terms. The California federal court ruled that the font designer, Nicky Laatz, demonstrated Zazzle’s agreement to licensing terms but needs a trial to prove breach of contract, fraud, and copyright infringement. The decision paves the way for further legal proceedings regarding the alleged intellectual property violations.
Source: Bloomberg Law
