Other Barks & Bites for Friday, February 13: CAFC Says NHK-Fintiv is General Policy Statement; Second Circuit Adopts Rule on Waiver of DMCA Safe Harbor; and Daren Tang Nominated for Second Term as WIPO Director

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"CAFC Says NHK-Fintiv Precedent at PTAB is General Statement of Policy - On Friday, February 13, the U.S. Court of Appeals for the Federal Circuit issued a precedential ruling in Apple Inc. v. Squires affirming the Northern District of California's ruling on remand that instructions on discretionary denial factors given by the Director of the U.S. Patent and Trademark Office to the Patent Trial and Appeal Board (PTAB) in the form of precedential decision-making was a general statement of policy that did not require notice-and-c"

The U.S. Copyright Office issued a three-year study on small claims filed at the Copyright Claims Board. Commerce Secretary Howard Lutnick publicly retreated from a proposed value-based tax on U.S. patent grants. The Federal Circuit issued several precedential decisions, including affirming that NHK-Fintiv guidance to the PTAB constituted a general statement of policy that did not require notice-and-comment. The Court of Justice of the European Union held that WhatsApp's challenge to GDPR fines can be maintained in EU courts. The Second Circuit held that manual discretionary aesthetic curation of user content can eliminate DMCA safe-harbor protection. Sanofi parted ways with CEO Paul Hudson amid upcoming Dupixent patent expirations. Singapore's Daren Tang was nominated for a second WIPO term.

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