Are hedge funds abusing
Two blogs ran interesting
analysis of a recent trend of
hedge funds using inter partes review petitions at the PTAB
make drugs more affordable or
to short sell pharma stock, depending on who you believe.
The most recent petition of this type came this week when hedge
fund manager Kyle Bass and IP Nav’s Erich
targeted a fourth pharmaceutical company through an
Gene Quinn on the IP Watchdog
asked whether Bass is abusing the patent system or is a
"Regardless of whether you
believe Bass is doing a public service, or he is engaged in an
unforeseen abuse of process, an important question remains: Is
Bass able to use IPR to challenge patent claims in this way?"
asked Quinn. "Unfortunately, the answer is complicated due to
the fact that the statute seems to suggest one answer, while
the legislative history suggests a different answer."
McKeown on the Patents Post-Grant blog said
he believed the hedge fund filings will fail. "With the
negative publicity surrounding these filings, and, if true,
their reported abusive purposes, can the PTAB shut them down?
Yes, and I expect that they will," said McKeown.
He pointed out the USPTO
director can prescribe sanctions for "improper use of the
proceeding". He added said the PTAB need only issue an order to
show cause about why petitions should not be dismissed as an
improper use of limited agency resources. "Congress created AIA
trial proceeding to combat trolls, not create an altogether new
class of them," said McKeown.
Financiers were one of the types
PTAB Crashers" identified by Kenyon & Kenyon’s
IPR Blog this week.
Apple Watch not running
like clockwork in Switzerland
Apple will not be able to
immediately sell its Apple Watch in Switzerland because of an
existing trade mark,
according to reports.
A company called Leonard
Timepieces has a trade mark registered in 1985 on an image of
an apple with the word "APPLE" on it.
The trade mark is set to expire
on December 5 this year.
The Apple Watch will go on sale in nine countries (Australia,
Canada, China, France, Germany, Hong Kong, Japan, the UK and
the United States) on April 24.
Juno and Novartis
Pharmaceutical companies Juno
Therapeutics and Novartis Pharmaceuticals
have settled a patent dispute.
The dispute with Novartis began
in 2012 over patent rights owned by St Jude’s
Children’s Research Hospital, and Juno became
involved the following year when it entered a licence agreement
with St Jude’s.
Novartis will pay Juno $12.3
million as well as mid-single-digit royalties from US sales of
products related to the patent claims. It will also pay a
percentage of royalties paid to St Jude’s for
global sales of those products.
Juno will share the payments
with St Jude’s.
Google joins LTE Patent Pool
Google has joined
Via Licensing’s LTE (Long Term Evolution) Patent
Pool, which aggregates LTE wireless patents from patent
holders for the purpose of offering fair, predictable and
cost-effective royalties for LTE patents.
of patents to Via's LTE licensing program is significant,
especially in that it includes the impressive portfolio of LTE
standard essential patents originally owned by Motorola
Mobility and Motorola," said Via. "Google's decision to
participate in the pool underscores the success and value of
Via's LTE Patent Pool, which simplifies licensing by
aggregating LTE essential patents from multiple patent owners
and greatly reduces the risk of patent litigation for companies
developing products and services that use LTE technology."
Other participants offering a license to their essential
patents through the pool include AT&T, China Mobile, Clear
Wireless, Deutsche Telekom, DTVG Licensing, Hewlett-Packard,
KDDI, NTT DOCOMO, SK Telecom, Telecom Italia, Telefonica and
USPTO issues Patent No.
The USPTO this week
issued its nine millionth patent.
It was awarded to a system and
method for collecting and conditioning rainwater and other
moisture from a windshield of a vehicle and using the collected
fluid to replenish the windshield washer reservoir.
In other USPTO-milestone-related
news, today is
the 225th anniversary of the Patent Act, enacted
on April 10 1790.
Also on the blog this week:
IP Finance conference will reveal how best to
tap IP’s potential
Spotlight on Zynga
In our news and analysis this
Globalised supply chains present damages
Hogan Lovells adds partner in San Francisco
from Novak Druce
An effective way to challenge patent
PTAB petitions pass the 3,000 barrier in
Kramer Levin adds two life sciences partners
in New York
PTAB institutes proceedings on two Smartflash
patents in $533m Apple loss
Federal Circuit rules CBM proceedings begin
Bass and Spangenberg target another pharma
company through IPR
Data – Apple and Toyota dominate
March PTAB filings
What is Spiderman's take on post-expiration
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