The order Philips seeks at the International Trade Commission on Hisense, LG and TCL smart TVs and Dell, HP and Lenovo PCs for allegedly infringing four secure authenticated distance measurement patents (see 2010050047) would have “deleterious effects on the public interest,” posted MPA (login required) Tuesday in docket 337-3492. Delegate authority to an administrative law judge “to develop a full evidentiary record on the public interest and make recommended findings,” asked the trade group. The import ban would exclude “a wide range of digital video-capable electronics,” including tablets, computers and smart TVs, that incorporate high-bandwidth digital content protection, said MPA. Without HDCP, unencrypted copyrighted content can be “illegally misappropriated with a few clicks,” the association said. The U.S. content industry would face “more detrimental economic consequences from rampant piracy,” which costs creators at least $29 billion annually, said MPA. “Any remedial order preventing the use of HDCP, without viable alternatives, would thus interfere with Congress’ long-standing policies” under Chapter 12 of the Digital Millennium Copyright Act, it said. The accused devices with HDCP “are widely used in the U.S. and globally to provide secure delivery of entertainment, web-browsing, streaming video, and gaming,” said MPA. “HDCP protects content flowing from a streaming device, game console, Blu-ray player, or set-top box on an HDMI cable to a television display. Billions of devices implement HDCP." Philips didn’t comment.

Philips wrongly says the Tariff Act Section 337 exclusion order it seeks at the International Trade Commission on Dell, HP and Lenovo PCs and Intel, MediaTek and Realtek processors won’t harm consumers, commented (login required) the Computer & Communications Industry Association and others. Philips alleges the laptops, desktops and components, plus Hisense, LG and TCL TVs, infringe its digital video content protection patents (see 2009230038). The proposed import ban would “effectively exclude 80% of the U.S. processor market and 66% of the U.S. computing market,” said CCIA Friday. “Computers are no longer optional entertainment devices. Instead, they are the main or even exclusive portals through which nearly every American interacts with nearly every aspect of modern life, especially during the pandemic.” Philips didn’t respond to questions Monday. Its complaint acknowledged the accused PCs control two-thirds of the U.S. market, saying the remaining third would easily fill the “demand gap.” Others also commented now in docket 337-3492, including Dell, HP and Intel.

Comments are due Nov. 8, rebuttals Nov. 22, identifying online and physical piracy and counterfeit markets to be considered for inclusion on the Trump administration’s 2020 Notorious Markets list, said an Office of the U.S. Trade Representative notice in Thursday’s Federal Register. The “issue focus” of the 2020 list will be on the use of e-commerce platforms and “other third-party intermediaries to facilitate the importation of counterfeit and pirated goods” into the U.S., it said. “The rapid growth of e-commerce platforms has helped fuel the growth of counterfeit and pirated goods” into a $500 billion industry, it said. “This illicit trade has an enormous impact on the American economy by eroding the competitiveness of American workers, manufacturers and innovation.”

Brightstar is teaming with MasTec to bring smartphone and tablet repair to 85% of the U.S. population, said the companies Tuesday. This leverages Brightstar’s repair expertise with MasTec’s vans and SmartConnect service technicians. Brightstar reaches 94% of the U.K. population with its WeFix-branded smartphone and tablet repair. The companies vow to prioritize customer health and safety during the pandemic, promising “no contact between customers and technicians and that all devices are thoroughly sanitized before they are returned.”

Nokia sought a “supplemental” protective order Monday at the International Trade Commission safeguarding Qualcomm’s source code and other confidential materials it wants to access, said a motion (login required) in docket 337-TA-1208. Qualcomm is a “non-party” in the Tariff Act Section 337 investigation into accusations that Lenovo laptops, desktops and tablets infringe five Nokia patents (see 2008050008), but supplies Lenovo components related to the allegedly infringing “functionality,” said Nokia: The Qualcomm materials are “competitively sensitive” and “not normally shared with any third party, absent strict confidentiality.” Qualcomm worries the investigation’s existing protective order doesn’t provide “adequate protection against misuse or disclosure of its sensitive proprietary information, and has requested the entry of an addendum,” it said. “Enhanced confidentiality protection for source code is appropriate” under ITC rules, it said.

Google wireless audio devices infringe five Sonos multiroom audio patents, complained Sonos Tuesday (in Pacer), further escalating their bitter intellectual property brawl. “In the face of Google’s unrelenting infringement, Sonos has no choice but to bring this suit,” said the complaint in U.S. District Court in Waco, Texas. “Sonos has already sued Google for infringing patents on its first group of inventions involving the set-up, control, playback, and synchronization of wireless playback devices.” The new case involves a “second group” of inventions that “tackle the novel technological challenges of how to stream music from a cloud-based service,” plus configuring how “multiple playback devices work together,” it said. The new body of patents also describe “how to dynamically adjust the equalization of a playback device based on the environment in which the playback device is operating,” it said. Sonos’ first complaint is pending in U.S. District Court in Los Angeles (see 2001070041). Google responded in June, alleging in U.S. District Court in San Francisco that Sonos stole “substantial volumes” of Google’s patented search, audio processing and streaming technology (see 2006110024). The companies remain in a fight at the International Trade Commission that shows no sign of abating over the same patents at play in Los Angeles (see 2002060070). The new complaint “illustrates the depth and breadth of our intellectual property as well as our continued innovation, and indicates the degree to which we believe Google has copied our innovations,” emailed a Sonos spokesperson. “Google has chosen to double down on its disregard for IP and smaller American inventors and we believe it is vitally important that Sonos, both for its own sake and for that of other smaller innovative companies, stand up to monopolists who try to copy and subsidize their way to further domination.” Sonos has made "misleading statements about our history of working together," emailed Google spokesperson Jose Castaneda. "Our technology and devices were designed independently. We deny their claims vigorously, and will be defending against them.”

Though the Small Business Administration coordinates with the Patent and Trademark Office to provide intellectual property training to small enterprises and inventors, “it has not fully implemented some statutory requirements that can further enhance this coordination,” and the work is “inconsistent,” reported GAO Monday. The 2017 Small Business Innovation Protection Act requires Small Business Development Centers to work with PTO on IP training programs at the local level, but only two of the 12 centers that GAO interviewed had done so, said the report. SBA officials told GAO they're in the process of implementing the statute’s requirements. “Incorporating selected leading practices for collaboration, such as documenting the partnership agreement and clarifying roles and responsibilities,” could help SBA and PTO “fully and consistently communicate their existing resources to their partners and programs, enabling them to refer these resources to small businesses and inventors,” it said. SBA didn't respond to questions. "As the report points out," PTO offers "multiple programs that help small businesses and inventors with acquiring intellectual property protections, which can help protect creative works or ideas,” emailed spokesperson Paul Fucito. “These programs, such as the Inventors Assistance Center, are aimed at assisting the public, especially small businesses and inventors, with intellectual property protections. We continue to seek out new ways to improve our reach into the small business.”

Sonos filed a confidential motion Thursday for an International Trade Commission order compelling Google to produce physical samples of the device “redesigns” claimed to be built without the embedded source code that Sonos alleges infringe its multiroom audio patents. Sonos maintains the redesigns are “hypothetical,” not real, and should be struck from the Section 337 investigation into the allegations because Google refuses to produce the physical samples for Sonos to test (see 2009110007).

The World Intellectual Property Organization launched a free database for accessing “leading judicial decisions related to IP law,” said the group Thursday. “As technological innovation often outpaces the ability of legislatures and governments to create new rules and regulations,” said WIPO, “courts across the world are increasingly facing common issues of a highly sophisticated nature.” WIPO-Lex Judgments compiles rulings in WIPO member states “that establish precedent or offer a persuasive interpretation of IP law,” said the organization.

A fax broadcaster is solely liable for Telephone Consumer Protection Act violations when it's deceiving or defrauding the advertiser, including when that sender violates its contract with the advertiser in a manner that is deceptive or fraudulent, the FCC Consumer and Governmental Affairs Bureau said in a declaratory ruling in Tuesday's Daily Digest. The clarification of "sender" under TCPA was in response to a petition from Akin Gump (see 1903070051).