Thursday's ruling tossing out Privacy Shield must result in a speedy replacement, industry groups said (see 2007160014). The European Court of Justice nixed the personal data transfer regime because of what it considered overzealous U.S. surveillance and inadequate ombudsman protections. The decision throws trans-Atlantic data flows into turmoil, stakeholders said. Industry urged both parties to return immediately to negotiations, while privacy advocates and consumers pressed the European Commission to do more to protect citizens in future talks.
Court of International Trade activity
President Donald Trump promotes Jason Kearns to chairman, International Trade Commission with term as chief ending June 16, 2022, succeeding David Johanson, whose term as chairman ended Tuesday; Randolph Stayin named vice chairman for similar term; outgoing chair and vice chair remain commissioners ... Voice of America Director Amanda Bennett and Deputy Director Sandy Sugawara resign ... MCNC appoints Tracy Doaks, leaving July 31 as North Carolina state chief information officer, president-CEO, effective Aug. 1, replacing Jean Davis, stepping down from this North Carolina Research and Education Network operator to care for her elderly parents.
Sonos CEO Patrick Spence slammed Google's alleging his company is stealing “substantial volumes” of Google’s patented technology in search, audio processing and streaming (see 2006110024). Google’s complaint (in Pacer) against Sonos Thursday in U.S. District Court in San Francisco came five months after Sonos alleged Google stole the technologies in five of its multiroom audio patents. Instead of addressing the “merits” of the Sonos allegations against Google, “and paying us what we're owed, Google has chosen to use their size and breadth to try and find areas in which they can retaliate,” said Spence in a statement Thursday: “We look forward to winning our original case, and this newly filed case as well.” Google “seems to have no shame in copying the innovations of smaller American companies in their attempts to extend their search and advertising monopolies into new categories,” said Spence. “We're mostly sad to see a once innovative company with the mission of ‘Do No Evil’ avoid addressing the fact they've infringed on our inventions, and have turned to strong arm tactics the robber barons of old would have applauded." A Google spokesperson declined comment Friday. We’re told Google for now won’t take its allegations to the International Trade Commission, as Sonos did against Google in January. The ITC’s Tariff Act Section 337 investigation into the Sonos complaint is in the discovery phase, where it reached an impasse over the remote review of source code evidence because in-person meetings aren't possible due to the COVID-19 pandemic.
Five months after Sonos charged Google with stealing the technologies in five of its multiroom audio patents (see 2001070041), Google returned the favor Thursday afternoon in U.S. District Court in San Francisco. Sonos is stealing "substantial volumes of Google’s technology, including patented Google innovations in search, software, networking, audio processing, and digital media management and streaming,” alleged its complaint (in Pacer). It said Sonos hardware products and software and service offerings infringe five Google patents, the identical patent count in the Sonos allegations against Google. “Sonos has made false claims about the companies’ shared work and Google’s technology in the lawsuits that Sonos filed against Google earlier this year,” said the complaint. “While Google rarely sues other companies for patent infringement, it must assert its intellectual property rights here.” Google is "disappointed that Sonos has made false claims about our work together and technology," emailed spokesperson Jose Castaneda. "We are reluctantly defending ourselves by asserting our patent rights. While we look to resolve our dispute, we will continue to ensure our shared customers have the best experience using our products.” Sonos didn’t comment. Sonos and Google earlier Thursday declared they're deadlocked in the discovery phase of the Tariff Act Section 337 investigation at the International Trade Commission into the Sonos allegations that Google devices infringe the five Sonos multiroom audio patents (see 2002060070). There were no immediate indications Google in the new action would pursue a Section 337 complaint against Sonos, and Google spokesperson Castaneda sidestepped the question. The ITC combatants exited May at “an impasse regarding critical aspects of a protocol for remotely reviewing source code,” they told Chief Administrative Law Judge Charles Bullock in a progress report (login required). Sonos and Google agreed Tuesday to “table that dispute” as they try to organize an “in-person review” of the source code, they said. If COVID-19 makes the in-person review “impractical,” the companies may bring the stalemate before Bullock “for resolution,” they said. Sonos contends Google uses technologies stolen through various collaborations between the companies the past six years. Google counters it developed the technologies on its own and that they’re not the technologies described in the five Sonos patents.
China may be “attempting to drive a high-tech wedge” between the U.S. and U.K. via concerns about the national security implications of allowing equipment from Huawei on telecom infrastructure, Sen. Tom Cotton, R-Ark., told the U.K. House of Commons’ Defense Select Committee Tuesday. Cotton and other U.S. lawmakers criticized the U.K. allowing Huawei on “non-core” parts of communications infrastructure but bar it from “sensitive locations” like military bases (see 2001280074). Recent media reports claim the U.K. government may be planning to change that.
Among other personnel moves (see this section, April 3), Public Knowledge promotes Meredith Whipple to digital outreach director ... Patrick Lin, California Polytechnic State University, joins Center for a New American Security Task Force on Artificial Intelligence and National Security ... Code Dx announces Martin Weber, ex-Cisco, as senior vice president-worldwide sales; promotes Curtis Bragdon to vice president-business development and public sector ... Seaborn Networks appoints Michel Marcelino, from Vogel Telecom, senior vice president, head-Latin America ... President Donald Trump nominating judge for the Western District of Kentucky Justin Walker to U.S. Court of Appeals for the District of Columbia Circuit.
Fitbit asked a federal court for a declaratory judgment that its fitness trackers and smartwatches don’t infringe three Philips patents, as Philips alleged Dec. 10 before the International Trade Commission. Though Fitbit “vigorously denies” the infringement allegations, Philips “nevertheless continues to seek to disrupt Fitbit’s business and keep Fitbit’s health-promoting products from the public based on patents that Fitbit’s products do not infringe,” said a complaint (in Pacer) Thursday in U.S. District Court in San Francisco. The ITC opened a Tariff Act Section 337 investigation Jan. 10 (see 2001130047) into the Philips complaint (login required), which seeks limited exclusion and cease and desist orders against the allegedly infringing Fitbit products. Philips also targeted Garmin smartwatches and fitness trackers and the OEMs that make the devices for Fitbit and Garmin. Philips didn’t comment Friday.
A White House-convened 5G summit is among events to be postponed or canceled because of COVID-19. The FCC also announced policies intended to allow agency licensees to function during the pandemic. Unlike the FCC, staff at some agencies are still having to report to the office.
The Chinese government will offer legal services through "an intellectual property service station" at CES, to respond to intellectual property rights infringement injunctions, the Chinese Ministry of Commerce said, according to an unofficial translation. "The service station employs American practicing lawyers from well-known American law firms to provide exhibitors with free legal advisory services on intellectual property rights and assist enterprises in resolving intellectual property infringement disputes," said MOFCOM. American companies in recent years have used emergency temporary injunctions to force seizures during past conferences, said MOFCOM. "Chinese companies as defendants should have sufficient time to refute infringement lawsuits to the court, but during the CES, American companies will declare that CES has only four days, and Chinese companies will leave after the end, so they can go to the court." The ministry provided the phrase in English that Chinese exhibitors should use for "police" who attempt to seal up a booth: "We will cooperate with you. We have lawyers who represent us. So before you seize our products, we would like to speak with our lawyer." Upon contact, one of the lawyers will rush to the scene, said MOFCOM. The Chinese Consulate General in San Francisco, MOFCOM and China Council for the Promotion of International Trade established the service station.
EchoStar asked to end its appeal to the U.S. Court of International Trade upholding Customs and Border Protection denial of about a quarter million dollars of claims regarding a video technology importer/exporter. The CIT ruled in June (see 1906180069). The company sought voluntary dismissal, in docket 19-2299 for EchoStar v. U.S. in the U.S. Court of Appeals for the Federal Circuit on Tuesday. EchoStar said (in Pacer) the government consented.