The “Do Not Disturb” feature in Apple’s iOS 11 operating system infringes a nearly five-year-old patent for technology to curb distracted driving, alleged a complaint (in Pacer) Friday in U.S. District Court in San Jose. Bay Area restaurateur Nick Bovis, owner of Lefty O’Doul’s and the Broadway Grill, invented a mobile device solution he called “inactive mode” for curbing distracted driving without forcing users to turn off their phones and risk missing important calls or texts, said the complaint. The mode notifies the sender that the recipient is driving and not available to take calls or texts, then generates for the recipient a log of missed communications when the mode is deactivated, it said. Bovis landed a February 2015 patent (8,958,853) and built the technology into an app he called “Off Mode,” available for download at the Google Play store since May 2013, it said. Apple launched Do Not Disturb in iOS in September 2017 with the “same features," said the complaint. It’s “inconceivable that Apple did not know” about the Bovis patent when it launched Do Not Disturb, it said. Instead of licensing the technology from Bovis for a “reasonable royalty,” Apple “helped itself” to the invention and paid him “no compensation,” it said. Apple didn't comment.

Samsung Electronics applied to register “Samsung Ultra Thin Glass” Dec. 5 as a U.S. trademark, Patent and Trademark Office records show. The trademark would apply to a wide variety of display panels, said the application. The company is expected to use ultra-thin glass as the cover material for the next generation of its Galaxy Fold smartphones (see 1907250030). The current Galaxy Fold uses a colorless polyimide film plus a hard coat as its cover material, but the polymer coating is much less durable and scratch-resistant than glass, say analysts. Samsung didn’t comment Thursday.

The Commerce Department is considering several expanded restrictions on foreign shipments to Huawei of items containing U.S. technology (see 1911070026), said Rich Ashooh, assistant secretary-export administration. The department is discussing expanding the direct product rule that subjects certain foreign-made products containing U.S. technology to American regulations, and a broadened de minimis rule, he told a Regulations and Procedures Technical Advisory Committee meeting. Ten associations wrote Secretary Wilbur Ross last week that the potential changes “could negatively impact a wide range of commercial transactions” that don't have national security implications. BSA|The Software Alliance, CompTIA, the Information Technology Industry Council, the Semiconductor Industry Association, the Software & Information Industry Association and others said the department proposals would encourage “design-out of U.S. technology by non-U.S. firms, while also imposing massive new compliance burdens for U.S. and non-U.S. companies alike." Ashooh said Tuesday any potential rule changes would likely be subject to public comment, under the Export Control Reform Act. “The default is to go seek the public support,” he said.

The Copyright Office is 95 percent complete with GAO 2015 IT modernization recommendations, Librarian of Congress Carla Hayden told the Senate Intellectual Property Subcommittee Tuesday. Copyright Office Director Karyn Temple, who leaves the CO after eight years for the Motion Picture Association (see personals section, Dec. 10), didn’t testify. Hayden detailed IT initiatives as the CO looks to reach 100 percent “very soon.” The online recordation system will allow users to record information on copyright ownership using a digital platform. The office is launching a new public records system to allow the public to search all copyright records. She said a limited recording pilot is expected in spring 2020, a proof of concept for the public records system in late 2020 and a next-generation registration system is expected to be in “full-scale” development later that year. Congress’ initial investment in copyright modernization was about $12 million for five years, and the CO is entering year two. Monday, Chairman Thom Tillis, R-N.C., and ranking member Chris Coons, D-Del., issued a CO modernization bill draft based on subcommittee roundtables (see 1907300069). Key conclusions from the roundtables, Tillis said, are the need for improved communication and transparency for those who use the copyright system daily. It’s essential there isn’t another prolonged period without a Register of Copyrights, he added. The office is working to reduce registration pendency times, modernize IT systems and implement the Music Modernization Act, he noted. CO acting Chief Financial Officer Jody Harry testified it could staff up quickly to implement the Copyright Alternative in Small-Claims Enforcement Act, if passed (see 1910250047), and associated IT needs are “minimal.” Tillis asked about the pros and cons of potentially updating Title 17, through the legislation, to make the CO statutory and essentially align it with the Congressional Research Service at the Patent and Trademark Office. CO centralization and management is analogous to CRS independence and autonomy, Hayden said. Having the ability to interact directly with Congress is a benefit, she said.

October imports of Chinese smartphones jumped 13 percent sequentially to 17.9 million, we calculated Monday using International Trade Commission’s DataWeb. They fell 11 percent from the 20.1 million in October 2018, when imports rose 22 percent from that September, in line with historical holiday trends and when the threat of tariffs on Chinese smartphones wasn't in play. October smartphone imports from all countries classified under the 8517.12.00 tariff subheading jumped 13 percent from September to 22.6 million handsets. That's down 8.1 percent from the 24.5 million smartphones imported in October 2018. U.S. tariffs over intellectual property disputes with China that took effect Sept. 1 sent China’s share of October TV imports plunging, but no such China exodus was evident in smartphones. China was 79.5 percent of U.S. smartphone unit imports in October, vs. 82 percent in the same month a year earlier and 79.2 percent this September.

Federal copyright law is “ill-suited to a Restatement because it is clearly articulated by Congress,” the Copyright Alliance wrote the American Law Institute Wednesday. The letter cited concerns about ALI’s Copyright Restatement Project. It echoed Tuesday correspondence to ALI from Sen. Thom Tillis, R-N.C., and Reps. Ben Cline, R-Va.; Ted Deutch, D-Fla.; Martha Roby, R-Ala.; and Harley Rouda, D-Calif. The Copyright Alliance agreed with a passage in the Tillis letter: “Courts should rely upon statutory text and legislative history, not [on] Restatements that attempt to replace the statutory language and legislative history established by Congress with novel interpretation.”

The Patent and Trademark Office will accept public comment through Jan. 10 on artificial intelligence technology’s impact on intellectual property law and policy, PTO announced Tuesday.

Intel completed the sale of most of its smartphone modem business to Apple for $1 billion, Intel said Monday. About 2,200 employees will leave for Apple under the midsummer deal in which Intel will keep rights to develop modems for non-smartphone applications, such as PCs, IoT devices and autonomous vehicles (see 1907250072). Intel abandoned the 5G smartphone modem business in April, saying it saw “no clear path to profitability and positive returns" (see 1904170004).

Samsung Display applied for a U.S. trademark on the name “SAMOLED” for a series of flat-panel display applications, including smartphone screens, Patent and Trademark Office records show. Display Supply Chain Consultants CEO Ross Young speculated the trademark is to coin and protect a name for Samsung’s active-matrix OLED smartphone displays “since they likely believe they have a quality advantage." Samsung Display supplies panels for Samsung-branded smartphones and for iPhones. The applicant didn’t comment.

The Copyright Office extended the written reply comment period Wednesday for the proposed blanket compulsory license under the Music Modernization Act through Dec. 20 (see 1909240018).