Verance and Samsung appear to have settled their legal spat over Verance allegations that Samsung reneged on $1.31 million in license royalties for the 7 million Blu-ray players it shipped embedded with Cinavia audio watermark detectors (see 2009200001). The case was terminated Nov. 30 after Verance attorneys filed a notice of voluntary dismissal (in Pacer, docket 1:20-cv-07720) with the U.S. District Court in Manhattan. Verance described Samsung as “an important business partner” even after filing the action in mid-September, expressing hope then that the matter would be “resolved quickly and fairly.” There was little or no activity in the docket since the case was filed. Verance declined comment Friday about the apparent settlement. Samsung didn't respond to questions.
As China gains ground in technology, Congress should pursue more investment and restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission reported Tuesday. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally. Commissioners expect trade restrictions to continue. “There is greater scrutiny and presumably greater action will come as a result of not only what Congress has done, but also the identification of numerous companies on the entity list” barring such transfers and maintained by the U.S. government, Commissioner Michael Wessel told an event hosted by the commission. The report said China is seeking to dominate the development of emerging technologies by securing leadership roles at international standards-setting bodies and “rewriting the norms by which they operate.” China hopes to exclude the U.S. and EU because it views standards as a “policy tool to advance its economic and geopolitical interests,” the report said. Experts told the commission this earlier this year (see 2006250050). The U.S. should create an interagency executive committee on international standards to form a coordinated response to Chinese actions at these bodies, said Commissioner James Talent, ex-Republican senator from Missouri. Talent said the committee would be modeled after the Committee on Foreign Investment in the U.S., with “high-level political appointees” from agencies with jurisdiction over standards setting, such as the Commerce Department. The White House didn't comment Wednesday on the recommendations in the annual report to Congress. China sees "the so-called commission" as having "always been ideologically biased against China," said a Foreign Affairs Ministry spokesperson Wednesday. "There is no factual basis for the vilification and smear of China in various reports it has fabricated."
Facebook’s oversight board will review content moderation cases concerning hate speech, adult content and harmful material on Facebook and Instagram, said the company Tuesday. The cases include violence against French people, cultural disputes, nudity on breast cancer posts, Nazi quotes and COVID-19 information. More than 20,000 cases were referred to the board, which said it prioritized six cases with “potential to affect lots of users around the world.” Five were brought through user appeals, the sixth referred by Facebook. The board seeks comment by Dec. 8 at 8 a.m. EST.
The International Trade Commission opened a Tariff Act Section 337 investigation into Pictos Technologies allegations that Samsung smartphone and tablet imports rely on image-sensing trade secrets stolen from Pictos, said a Wednesday notice (login required) in docket 337-TA-1231. Pictos alleges Samsung worked with its predecessor company and was its largest customer but took advantage of its access and misappropriated the predecessor’s technology and trade secrets, then ended the relationship and left the predecessor without its competitive advantage and largest client. The ITC will consider whether to issue limited exclusion and cease and desist orders banning import and sale of allegedly infringing Samsung goods. Samsung didn't comment Monday. It blasted the allegations in a Nov. 6 filing (login required) as "materially deficient." Sen. Mike Crapo, R-Idaho, urged the agency to open the probe. Pictos is "suffering from the loss of production revenues and patent royalties" through Samsung's infringement and is "being worn down by these efforts," Crapo wrote (login required) ITC Chairman Jason Kearns Nov. 16.
China made the strategic “and unfair” decision to ban or discriminate against foreign internet companies in China, and now Chinese firms “want to be able to enter foreign markets,” reported the Information Technology and Innovation Foundation. The Biden administration should work with U.S. allies to “embrace reciprocity” under World Trade Organization rules and principles, said ITIF. As long as China doesn't let foreign internet firms operate fairly in China, those nations should enact measures that “exclude or disadvantage” Chinese internet firms in their own and third-country markets until there's reciprocity, ITIF said. There’s likely little that other governments can do to open up China’s internet market, “but they can and should contest Chinese firms’ efforts to gain market share overseas,” it said. The Commerce Department “should expand and upgrade its network of digital attache positions in China and other U.S. embassies around the world,” it said. “The next administration should work more aggressively in international bodies to defend cross-border data flows and empower industries to forge international standards that ensure a level playing field.”
Chinese President Xi Jinping sent Joe Biden a congratulatory message Wednesday on his victory in the Nov. 3 election, reported the Chinese Embassy in Washington. Promoting “healthy and stable development” of China-U.S. relations “serves the fundamental interests of the people in both countries” and “meets the common expectation of the international community,” Xi told Biden, according to the account. The Biden transition team didn’t comment.
Amazon and the National Intellectual Property Rights Coordination Center announced Tuesday "Operation Fulfilled Action" to prevent counterfeit goods from entering the U.S. Also supporting the operation are Customs and Border Protection and DHL. Amazon will help the IPR Center identify, interdict and investigate individuals, companies and criminal organizations engaging in illegal import of counterfeit products, said IPR Center Director Steve Francis. Amazon sidelines inventory if it suspects a product may be counterfeit, combining its own intelligence and that from the IPR Center and other agencies, said Dharmesh Mehta, Amazon vice president-customer trust and partner support. The company’s Counterfeit Crimes Unit, created this year, will lead the operation (see 2006250036). Last year, Amazon invested over $500 million to prevent such fraud, it said.
All YouTube counterclaims about alleged abuse of its Content ID system by plaintiff Pirate Monitor (see 2009220001) claim authorized agents of Pirate Monitor uploaded several videos on YouTube, but that should be disregarded in a motion to dismiss unless backed by specific allegations showing an agency relationship. That's according to Pirate Monitor Friday in a motion to dismiss counterclaims (in Pacer, docket 20-cv-04423) in U.S. District Court in San Francisco. Pirate Monitor and composer Maria Schneider are suing Google's YouTube, alleging it facilitated piracy by keeping individual artists from being able to access Content ID. Pirate Monitor said the counterclaims require specificity in the pleading including alleging facts that identify details about the fraud, but the defendant YouTube alleged none of the particulars. YouTube outside counsel didn't comment Monday.
Progress on a treaty updating broadcasting protections was paused due to the pandemic at this past week's meeting of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights. The mostly virtual SCCR meeting, chaired by newly appointed Chairman Aziz Dieng of Senegal, suffered from technical glitches and didn't address substantive issues. Conclusions noted the committee "took note of" a recap of the current document setting out proposed text on definitions, object of protection, rights to be granted and other issues, and of delegates' statements. "We are nothing closer (nor further away)" from a treaty, "and for the moment there is no new thinking," European Broadcasting Union Intellectual Property Head Heijo Ruijsenaars emailed us. "After 22 years, I'm still optimistic," he said at the webcast meeting. Talks now move to the next SCCR session, for which no date has been set, WIPO Copyright Law Division Director Michele Woods emailed us.
International Trade Commission Administrative Law Judge Cameron Elliot signed an order (login required) Wednesday in docket 337-TA-1224 setting February 2022 as the target for completing the investigation into allegations that Dell, HP and Lenovo PCs; Hisense, LG and TCL smart TVs; and Intel, MediaTek and Realtek video processors infringe Philips' high-bandwidth digital content protection patents (see 2010190036). Elliot’s order set the investigation's evidentiary hearing for July 19-23.