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Patent Archive

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  • US legislators consider trade secrets bills and patent box

    July 31, 2015

    The Defend Trade Secrets Act has been introduced in the Senate on the same day that a discussion draft of patent box legislation was introduced in the House of Representatives

  • USPTO names Drew Hirshfeld as commissioner for patents

    July 31, 2015

    Drew Hirshfeld, the USPTO’s deputy commissioner for patent examination policy, has been appointed the new commissioner for patents, effective immediately

  • The 50 most influential people in IP

    July 27, 2015

    Our 13th annual list of the 50 most influential people in IP is the most diverse ever. But do you agree with our selections? Join the debate online and on Twitter using the hashtag #MIP50

  • WilmerHale adds partner in LA

    July 23, 2015

    James Hill has joined WilmerHale’s Los Angeles office as partner in the intellectual property department and member of the IP litigation and life sciences practices

  • Federal Circuit says biosimilar applicants can decline patent dance

    July 22, 2015

    The Federal Circuit in Amgen v Sandoz was split two ways, holding biosimilar applicants can opt out of the patent dance provisions but must wait for approval before giving 180 days notice of marketing. Applicants and patent owners now face tricky strategic questions

  • ARIPO DG speaks out on the Banjul Protocol and PAIPO

    July 22, 2015

    ARIPO is working to make the Banjul Protocol more effective and preparing for the possibility of a pan-African IP office, as its Director General Fernando dos Santos – one of this year’s MIP 50 - explained

  • Interview: Fernando dos Santos on PAIPO and ARIPO

    July 22, 2015

    In an interview with Managing IP, ARIPO’s Director General, Fernando dos Santos, talks about the proposed Pan African Intellectual Property Organisation (PAIPO), the recently adopted Arusha Protocol, ARIPO filing statistics and challenges

  • Q&A: Nokia’s Richard Vary on CJEU judgment in Huawei v ZTE

    July 21, 2015

    Managing IP asked Richard Vary, vice president and head of litigation at Nokia, for his views about last week’s decision from the CJEU and its impact on FRAND-related litigation

  • PTAB petitions hit 2015 high in June

    July 21, 2015

    The 182 inter partes review petitions filed at the Patent Trial and Appeal Board in June was the most since June 2014. The month also saw two more post-grant review petitions as well as the Board instituting the first ever PGR proceedings

  • Data: PTAB petitioners, patent owners and law firms in the first half of 2015

    July 20, 2015

    Managing IP analyses the busiest companies and law firms at the Patent Trial and Appeal Board so far this year, using Docket Navigator. The first half was notable for petitions from automotive companies and the Coalition for Affordable Drugs, while an Acacia Research subsidiary was the most targeted entity

  • Huawei v ZTE – analysis from across Europe

    July 20, 2015

    Many IP and competition lawyers have reacted to last week’s ruling from the CJEU in the Huawei v ZTE case regarding standard-essential patents and FRAND licensing. Here are some key quotes

  • Unitary Patent and UPC: progress report part II

    July 20, 2015

    The EU’s Unitary Patent and UPC system is getting closer to becoming a reality. Contracts have been awarded for work to commence on the UPC IT system, and the Preparatory Committee met on July 10 to discuss matters including the final version of the UPC Rules of Procedure.

  • Unified Patent Court: where will it be?

    July 20, 2015

    Luxembourg, France, Germany and the UK will host important sections of the UPC. Managing IP finds out about the buildings likely to be used, and what practitioners make of the plans

  • UK seeks comments on design marking

    July 17, 2015

    The UK government has launched a consultation on enabling designers to mark their products with a web link, rather than having to attach the registered design numbers to the product.

  • New version of Google Patents launched to improve patent quality

    July 16, 2015

    Google has revealed a new version of its patent searching tool, which the technology company says “has the power to improve patent quality”

  • CJEU sets out FRAND rules for licensors and licensees

    July 16, 2015

    The owner of a standard essential patent who seeks an injunction must have alerted the alleged infringer and made a “specific, written” licence offer specifying the royalty and the way it is to be calculated, the CJEU said in a case between Huawei and ZTE

  • Assessing patent owners’ fightback against hedge fund IPRs

    July 16, 2015

    With the PTAB soon to issue institution decisions on the controversial IPR petitions from the Coalition for Affordable Drugs and Ferro Ferrum Capital, patent owners have hit back through sanctions and additional discovery, and a complaint for attempted extortion

  • SIPO finalises administrative patent enforcement rules

    July 16, 2015

    The newly promulgated rules improve China’s administrative patent enforcement regime, though there is concern that they are still too general to be effective

  • PTAB cancelled 86% of instituted claims in June

    July 15, 2015

    An analysis by Finnegan reveals that the Patent Trial and Appeal Board cancelled 446 instituted claims in the 36 final written decisions it issued in June, giving a higher-than-average claim cancellation rate for the month

  • Norton Rose hires Allen & Overy’s US IP leader

    July 15, 2015

    Paul Keller has joined Norton Rose Fulbright as a partner in its New York office

  • Haynes & Boone adds two Kenyon & Kenyon ANDA attorneys

    July 15, 2015

    Haynes and Boone has added Whitney Remily and John Bateman to its Hatch-Waxman/ANDA practice group

  • The history and future of induced infringement liability

    July 15, 2015

    On May 26, the US Supreme Court held in Commil USA v Cisco Systems that a defendant’s good-faith belief that a patent is invalid is not a defence to induced infringement under 35 USC § 271(b). What is the history of the good-faith defence to induced infringement, and how should rights holders prepare going forward? Dalila Argaez Wendlandt and Peter Walkingshaw explore the issues

  • Kara Stoll confirmation brings Federal Circuit back up to full strength

    July 14, 2015

    The US Senate has approved Kara Stoll’s nomination as a circuit judge for the Federal Circuit, taking the spot vacated by Randall Rader last year and bringing the number of circuit judges that are in their 40s to four

  • Nathan Kelley named acting PTAB Chief Judge

    July 14, 2015

    Nathan Kelley, who was previously solicitor of the USPTO, has been named as the acting chief judge of the Patent Trial and Appeal Board

  • Federal Circuit clarifies Octane in denying Newegg’s fees bid

    July 10, 2015

    In a decision handed down earlier today, the US Federal Circuit held that district courts should consider a plaintiff’s litigation history when deciding whether to award attorneys’ fees, but Newegg failed to show that SFA’s track record is proof of abusive litigation tactics

  • Michelle Lee: USPTO needs more Section 101 guidance

    July 10, 2015

    At an appearance earlier this week at the Center for Strategic & International Studies (CSIS), USPTO director Michelle Lee said there needs to be more clarity and guidance in the post-Alice world

  • Canadian Intellectual Property Office appoints CEO

    July 09, 2015

    Johanne Bélisle replaces Sylvain Laporte, who left in March to become president of the Canadian Space Agency

  • Apple’s $533m damages verdict vacated after “skewed’ jury obstructions

    July 08, 2015

    Judge Rodney Gilstrap of the Eastern District of Texas has vacated a jury award of $533 million of damages to Smartflash for Apple infringing its patents, which was the biggest award so far this year

  • Federal Circuit narrowly denies rehearing of Cuozzo PTAB appeal

    July 08, 2015

    A request for an en banc rehearing of an appeal of the PTAB’s use of the broadest reasonable interpretation standard is denied in a 6-5 Federal Circuit opinion, with strongly-worded dissents from Judges Prost and Newman

  • Federal Circuit rules two Intellectual Ventures patents are patent ineligible

    July 08, 2015

    The Federal Circuit has upheld a district court ruling that two patents claim unpatentable abstract ideas in Intellectual Ventures v Capital One

  • US patent litigation on course for record year – Unified Patents

    July 08, 2015

    A new report from Unified Patents reveals that 11.1% more US district court patent cases were filed in the first half of 2105 than in the same period in 2014, and PTAB filing was up 31% over the first half of last year

  • Gowlings and Wragge Lawrence Graham to merge

    July 08, 2015

    Canadian firm Gowlings and UK-headquartered Wragge Lawrence Graham will merge in January 2016, creating a law firm called Gowling WLG with more than 1400 lawyers and about 200 IP professionals

  • Data – Samsung most active PTAB petitioner in June with 23 IPRs

    July 06, 2015

    Managing IP’s analysis of Docket Navigator data on June’s Patent Trial and Appeal Board petitioners, patent owners, law firms and attorneys reveals Samsung was comfortably the most-active petitioner. But it was also a busy month for automotive inter partes review petitions

  • Graphic: What will a Unitary Patent cost?

    July 03, 2015

    The EPO Select Committee recently adopted a decision that will mean that the cost of renewing a Unitary Patent in the 25 participating states will be 70% lower than the comparable costs today. But the actual savings depend on the number of ratifications, the additional countries required and how long the patent is maintained for

  • Automotive industry tries to put the brakes on NPEs

    July 01, 2015

    Following a near-doubling of patent litigation in the automotive industry in the past three years, car makers are hitting back at NPEs through PTAB petitions and defensive patent aggregators such as Unified Patents

  • Biotech companies consider trade secrets as alternative to patents

    June 30, 2015

    Biotech IP practitioners at the BIO International Convention warned companies will increasingly look to trade secrets as a result of the courts’ and USPTO’s interpretation of Section 101, while David Kappos, Phil Johnson and Judge Paul Michel gave a gloomy outlook for patent holders

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