The three patents that haptics technology supplier Immersion is citing in International Trade Commission and federal court infringement complaints are “foundational” in nature and “vital to the use of haptics on a mobile device in particular,” Immersion CEO Victor Viegas said on a Thursday conference call with analysts about the complaints. Immersion said Thursday it filed against Apple and AT&T on six models of iPhones and the Apple Watch. “We felt they were the appropriate patents to bring to case in this particular action.” The three patents were never previously “litigated” in earlier Immersion patent lawsuits against other carriers and manufacturers, Viegas said. The complaints in U.S. District Court in Wilmington, Delaware, and at the ITC allege violations of U.S. patents 8,619,051, 8,773,356 and 8,659,571. The ITC complaint also seeks a Section 337 import investigation and an exclusion order barring import of the infringing Apple products. “Immersion’s inventions have literally shaped haptics as we know it today,” said Viegas. “Years of foresight, tenacity, passion have led us to the spot we find ourselves today. Haptics exists because the world needs it. Immersion has made it a reality. We’re the undisputed leader in haptics. We’ve carefully crafted a valuable set of solutions, knowhow, IP, even an ecosystem of partners to bring these rich experiences to consumers through over 3 billion devices. My hope is that those of you who really care about Immersion see the stunning success we’ve had in achieving this broad and meaningful adoption.” The complaints against Apple and AT&T are “an important step in our efforts to be fairly compensated for our achievements and our continuing efforts to bring touch to the markets we serve,” he said. Apple and AT&T representatives didn’t comment.
Court of International Trade activity
Corrective orthodontic device manufacturer ClearCorrect asked the U.S. Court of Appeals for the Federal Circuit for an 18-day extension to respond to an International Trade Commission petition for rehearing en banc (see 1601270053) in the company's legal battle with the ITC. ClearCorrect attorney Michael Myers filed the petition for a deadline extension Monday, saying the company and its affiliate in Pakistan need additional time to file "a unified response" to arguments of the ITC, intervenor and industry competitor Align Technology and the amici curiae supporting the ITC. If granted, ClearCorrect's deadline to file a response to the petition for rehearing en banc would extend until Feb. 29. In November, a three-judge panel of the Federal Circuit ruled 2-1 in favor of ClearCorrect in a case involving questions of the ITC's ability to block the flow of patent-infringing data.
The U.S. Court of Appeals for the Federal Circuit asked corrective orthodontic device manufacturer ClearCorrect to submit a response to the International Trade Commission's petition (see 1601270053) for rehearing en banc in the company's ongoing legal battle with the ITC. In a letter posted Friday in the docket for the court case, the Federal Circuit invited ClearCorrect and any amici curiae parties to file responses to the request for rehearing en banc by Feb. 11. A three-judge panel of the Federal Circuit ruled 2-1 in favor of ClearCorrect in a case involving questions of the ITC's ability to block the flow of patent-infringing data (see 1511100047).
In a case involving electronic transfer of protected information, the International Trade Commission filed a petition Wednesday for rehearing en banc with the U.S. Court of Appeals for the Federal Circuit of its case against corrective orthodontic device manufacturer ClearCorrect. The initial deadline for a rehearing petition was moved from December to late January upon request from ITC Attorney Sidney Rosenzweig (see 1512090014). In November, a three-judge panel of the Federal Circuit ruled 2-1 in favor of ClearCorrect, saying the ITC doesn't have the jurisdiction to block the international electronic transfer of patent-infringing data. The court's decision overturned an initial ITC decision prohibiting ClearCorrect's affiliate in Pakistan from transmitting digital molds of patients' teeth to the company's headquarters in Houston, due to the alleged infringement on patents held by competitor Align Technology. ClearCorrect attorney Michael Myers told us after the Federal Circuit's ruling that he "wouldn't be surprised" if the case were eventually heard en banc (see 1511100047). In its petition, the commission argued the appeal "presents a precedent-setting question of exceptional importance" -- meaning whether the ITC's abilities to block the importation of infringing products applies only to physical products, or to digital information as well. The agency also said the three-judge panel "erred" in its decision that the world "articles" in the commission's congressionally mandated responsibilities means only material items.
The FCC held some dozen events for news media that weren't on the record in the first half of this year, more than any other communications-related federal body. Such commission media events, often "on background" where officials couldn't be identified, numbered twice as many as were fully on the record. Partisan politics (see 1510280062 and 1512150011) and a divided FCC (see 1512150030) appear to be making commission officials more cautious in what they say when their names are attached, said experts who reviewed a Communications Daily database. They said such politics partly reflect a politically divided Washington. That's apparent to a lesser degree at NTIA and the Office of the U.S. Trade Representative.
The U.S. Court of Appeals for the Federal Circuit granted an International Trade Commission motion for a 30-day extension for filing petitions for rehearing or rehearing en banc (see 1512090014) in the ITC case against corrective orthodontic device manufacturer ClearCorrect. The Federal Circuit approved ITC's motion Thursday, effectively moving the filing deadline for rehearing petitions from Dec. 28 to Jan. 27. ITC's motion said ClearCorrect and intervenor Align Technology didn't oppose the extension request.
The International Trade Commission asked the U.S. Court of Appeals for the Federal Circuit to grant a 30-day extension for the filing of petitions for rehearing or rehearing en banc its case against corrective orthodontic device manufacturer ClearCorrect. The agency submitted a motion for a deadline extension Tuesday, citing its counsel's conflicts of time and preparation for other arguments as reasons for the request. The case concerns the appeal by ClearCorrect of an ITC ruling that its U.S. facilities could no longer receive transmissions of digital molds of patients' teeth -- allegedly infringing on patents from industry competitor Align Technology -- from the company's affiliate in Pakistan. Last month, the Federal Circuit entered a 2-1 decision in favor of ClearCorrect (see 1511100047), overturning ITC's previous ruling that it has the jurisdiction to block international transmissions of digital information. The agency is "in the process of considering whether to seek rehearing in this appeal" and "good cause exists for the requested extension," said ITC Counsel Sidney Rosenzweig in the motion. Rosenzweig also cited a "nonrefundable vacation" in mid-December and the planned absences of his supervisor and others at the commission during the holiday season as reasons the ITC seeks a new filing deadline. ClearCorrect and intervenor Align Technology indicated they don't oppose the motion for a deadline extension, said Rosenzweig. ClearCorrect General Counsel Michael Myers told us last month he "wouldn't be surprised" if the case is heard en banc. The current deadline for filing a rehearing petition is Dec. 28 but would be moved to Jan. 27 if ITC's motion for extension is granted.
Improving the functionality of the U.S. copyright system shouldn’t center solely on proposals to modernize the Copyright Office, said Re:Create Coalition-affiliated lobbyists Tuesday during a group event. Fixes to the CO should center on improving its adaptation to modern technologies and narrow the scope of the Digital Millennium Copyright Act’s (DMCA) Section 1201 anti-circumvention rules so the CO isn’t bogged down with regulatory duties related to that statute, the lobbyists said. The House Judiciary Committee has been exploring a possible modernization of the CO as part of its ongoing Copyright Act review, including examining proposals to move CO out from the Library of Congress. The CO modernization issue has repeatedly been mentioned in House Judiciary’s recent copyright roundtable sessions (see 1511100063 and 1511120049).
A three-judge panel of the U.S. Court of Appeals for the Federal Circuit voted 2-1 Tuesday to overturn the International Trade Commission's ruling that it possesses jurisdiction to block the transmission of digital information. Experts and those close to the case told us it may eventually be heard en banc. The case, closely monitored by copyright and anti-piracy advocates (see 1508120070), concerns the appeal by corrective orthodontic device manufacturer ClearCorrect of a 2014 ITC decision prohibiting the company's affiliate in Pakistan from sending digital molds of patients' teeth to ClearCorrect headquarters in Houston, due to the alleged infringement on patents held by industry competitor Align Technology.
Addressing digital trade barriers from foreign countries is of critical importance to the growth of businesses in the U.S., members of the House Intellectual Property Subcommittee and witnesses said during a hearing Tuesday. Witnesses backed a global framework to address issues of digital trade and the way data moves across borders, and pointed to last month's European Court of Justice ruling invalidating the EU safe harbor agreement as a cause of uncertainty for the legality of data transfers. That ECJ ruling was the subject of a separate hearing Tuesday (see 1511030034).