The ASCAP and BMI consent decrees will feature prominently at DOJ’s workshop Tuesday on music licensing, as expected (see 2007100019), with officials from the National Music Publishers’ Association and NAB to appear. DOJ Antitrust Chief Makan Delrahim will give opening remarks. Musicians LeAnn Rimes, Pharrell Williams and Jon Bon Jovi will deliver keynotes. NMPA CEO David Israelite will speak on a panel about the consent decrees, with NAB CEO Gordon Smith, BMI CEO Michael O’Neill and ASCAP CEO Elizabeth Matthews. Agenda items include public performance licensing alternatives, performance rights organizations and licensing music to users. The Songwriters of North America, Universal Music Publishing Group, Music Artists Coalition, iHeartMedia and others are sending representatives to speak.

Critics of Nokia’s complaint seeking an exclusion order on allegedly infringing Lenovo devices “fail to raise any cognizable” concerns that “merit burdening” the International Trade Commission with a “fact finding” on public interest implications of an import ban, replied Nokia Wednesday (login required) in docket 337-3466. The issues unique to the standard-essential patents (SEPs) on H.264 video compression asserted in Nokia’s complaint justify building a public interest record, argued the App Association, the Computer & Communications Industry Association and Google (see report, July 21 issue). Banning the Lenovo goods couldn’t come at a worse time, with the COVID-19 pandemic taxing supplies of laptops and tablets, said critics. Nokia countered the “accused Lenovo products are a small fraction of the U.S. supply.” Any void “could easily be replaced by over a dozen competing makers, including Microsoft, Samsung, and Dell,” it said. It’s untrue, as CCIA “boldly argues,” that "the ITC is never a proper forum for investigating” infringement of any SEP, said Nokia. “Such a prohibition would be a drastic shift” from policy, it said. “Exclusion orders must be available as a remedy for SEP holders to maintain a balanced patent system and avoid harming innovation and competition,” the company said. A Dec. 19 joint policy statement from DOJ, the National Institute of Standards and Technology and Patent and Trademark Office supports that, it said.

Comments are due July 30 at the International Trade Commission on Maxell’s July 16 complaint (login required) alleging iPhones, iPads, MacBooks and Apple Watches infringe five Maxell mobile communications and information processing patents. Maxell seeks a Tariff Act Section 337 investigation into the accusations and a limited exclusion order barring import of the allegedly infringing products. Apple didn’t comment Wednesday.

China’s Foreign Affairs Ministry blasted Tuesday’s indictment of two Chinese nationals on charges of running a decade-long hacking campaign targeting intellectual property and confidential business information, including on COVID-19 research. The Chinese government is a “staunch defender of cybersecurity,” said a ministry spokesperson Wednesday. “We urge the U.S. to immediately stop slandering China under the pretext of cybersecurity.” Citing unspecified reports U.S. hackers are expanding their scope of cybertheft under Trump administration authorization, the spokesperson said: “The U.S. accusing other countries of cyberattacks is like a thief crying, ‘Stop the thief.’”

More women are “entering and staying active” in the U.S. patent system “than ever,” reported the Patent and Trademark Office Tuesday. Patents listing at least one woman inventor were 21.9% of those granted in 2019, up from 20.7% in 2016, said PTO. The “women inventor rate” share of females among all U.S. “inventor-patentees” grew to 12.8% from 12.1%, it said. New women inventor-patentees increased to 17.3% from 16.6%. There’s a decreasing “gender gap” in inventor-patentees that stay active by patenting again, it said. Of women who landed patents in 2014, 46% patented again within five years, compared with 52% for men, said PTO. The gap in 1980 was 28% women, 38% men. The share of women among all new inventor-patentees increased 17.3% by the end of 2019 from 5% in 1980, said PTO. In the five years ended 2014, the number of new women inventor-patentees grew by an average of 10.8% yearly, said the agency. Though yearly growth in the five years ended 2019 “slackened” to 4%, it's higher than males' 2.5%, the office said.

The Patent and Trademark Office granted CTA its third deadline extension Saturday to file the required statement of use (SOU) that would close out its June 2018 application to trademark a certification logo for over-the-counter hearing aids (see 1806250018), agency records show. CTA created the logo to identify reputable OTC hearing aids for consumers with mild or moderate hearing loss. The devices can earn the logo by meeting minimum voluntary performance criteria in the ANSI/CTA-2051 standard approved in January 2017. PTO requires SOUs to prevent applicants from intentionally hoarding trademarks they have no plans to deploy commercially. CTA is hamstrung from filing the SOU because it awaits federal regulations establishing the OTC hearing-aid category under the 2017 FDA Reauthorization Act (see 2001170050). The law requires the FDA to publish proposed rules for comment by Aug. 18, three years from when President Donald Trump signed the measure. It directs the agency to publish final rules no more than 180 days after the comment period closes. The FDA didn’t respond to questions Monday about the release date of the proposed rules. A PTO trademark applicant is entitled to up to five SOU deadline extensions of six months each but must file it within three years after receiving the agency's notice of allowance, clearing the application for final approval. The CTA SOU for OTC hearing aids is due Jan. 29, 2022.

The Office of the U.S. Trade Representative received some 380 comments on the possibility of punishing Austria, Brazil, the Czech Republic, India, Indonesia, Italy, Spain, Turkey and the U.K. if they start collecting digital service taxes as proposed. USTR is also considering punishing the EU, which is considering a unionwide DST. Trade groups that are concerned about the proposed DSTs -- including the U.S. Chamber of Commerce -- asked the U.S. to continue working toward a global solution through the Organization of Community and Economic Development. Tech groups are less worried about such penalties over other countries' DSTs. "Contrary to some press accounts, the Chamber understands real progress has been achieved in some aspects of the negotiations under way," it wrote. Associations whose tech members would be most affected by DST didn't discourage the use of tariffs. The Information Technology Industry Council said Belgium and Kenya should also be in the crosshairs, because they are also considering such taxes. The Computer & Communications Industry Association praised the use of tariff threats on France's DST, suggesting it could be effective again. "CCIA takes seriously the impact that tariffs can have and, as a general policy view, believes that they only be used in limited circumstances, in a targeted manner, and where there is a clear strategy in place designed to change the behavior of a trading partner. In the French case, it was encouraging that this strong action led to the temporary pause of collection on behalf of the French government in January 2020." The docket is USTR-2020-0022 and here. USTR announced this month it's delaying duties on French goods for now (see 2007100057).

Netflix believes Fortress Investment Group is bankrolling infringement litigation that “patent assertion entity” Uniloc 2017 filed against the streaming company, and wants the court to force Fortress to produce documents under subpoena to expose their conspiracy, said a motion to compel (in Pacer) Friday in U.S. District Court in Manhattan. Uniloc sued Netflix in November 2018 in U.S. District Court in Los Angeles alleging infringement of three patents for accessing internet video content. It was one of several identical complaints Uniloc filed against other streaming services, including Hulu and Roku. All countersued. Uniloc’s “sole activity is serially litigating patents against operating companies to grind them down and force settlements far beyond the intrinsic value of the asserted patents,” said Netflix in a memorandum supporting the motion. Uniloc itself “does not determine which patents to litigate,” it said. “Someone has performed a business analysis of the patents” and directed Uniloc which ones to buy and “litigate them against Netflix,” it said. “That someone is Fortress.” Netflix served subpoenas on Fortress June 17 for financial records, emails and other documents, and demanded it produce a witness to be deposed, it said. “Fortress responded with a flat refusal to produce a single document or a witness on any of the narrow topics Netflix specified.” Fortress didn’t comment.

The International Trade Commission seeks $2.75 million more for FY 2020, without which it “faces a high risk of failing to successfully carry out” the U.S.-Mexico-Canada Agreement on free trade, Chair Jason Kearns wrote House Commerce Subcommittee leadership Wednesday. The ITC also risks “not meeting its other statutory responsibilities” next fiscal year, “due to a historic increase in workload for all investigative areas,” said Kearns. Unfair import investigations under Tariff Act Section 337 “have remained at historically high levels,” he said. Trump administrative trade policy actions resulted in a “substantial number of revisions to the Harmonized Tariff Schedule, he said. ITC staff have completed 22 HTS revisions this year, compared with the historical “context” of two or three revisions annually, he said.

Massachusetts Department of Telecommunications and Cable's challenge to the FCC's finding the AT&T TV Now streaming service is effective competition to Charter cable service in Massachusetts and part of Hawaii (see 1912230063) comes from a "cramped reading" of statutes and regulation that makes only facilities-based cable operators effective competitors under the LEC test. That's according to the FCC in a docket respondent brief Wednesday (in Pacer, docket 19-2282) with the 1st U.S. Circuit Court of Appeals. It said MDTC's "unduly narrow" LEC test goes against Congress wanting cable rates be set by competition, not regulation. It urged MDTC's petition be denied. The state agency didn't comment.