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Patent Archive

  • PTAB gives guidance on motions to amend

    November 24, 2014

    The Patent Trial and Appeal Board has provided additional guidance on the requirements for motions to amend and allowed substitute claims to be placed in an appendix, in a move that may make it easier for patent owners to amend claims in inter partes review or covered business method review

  • Steptoe hires partner from Fitzpatrick in New York

    November 24, 2014

    Patent litigator Vishal Gupta has joined Steptoe & Johnson’s New York office as a partner

  • Federal Circuit reverses another denial of a stay pending CBM review

    November 21, 2014

    The Federal Circuit has overturned a Delaware district court denial of a stay pending a covered business method review at the PTAB. The Versata Software v Callidus Software decision is the second reversal of a district court denial of a stay pending a CBM review

  • Revealed: the defendants winning from patent litigation drop

    November 21, 2014

    Managing IP conducted in-depth data analysis to look beyond the headline figures to assess which defendants are benefiting from the recent decline in patent litigation and also which law firms are up and down

  • South African firm expands to Namibia

    November 21, 2014

    Von Seidels has established an associated firm, Roland Intellectual Property Consultants, in Windhoek, Namibia

  • Rockstar and Google settle patent dispute

    November 21, 2014

    Google and Rockstar – the consortium owned by Apple, BlackBerry, Ericsson, Microsoft and Sony – have reached an agreement to settle all matters in their high-profile patent dispute

  • Digging deeper into NPE patent litigation trends

    November 20, 2014

    It is clear that patent litigation has fallen recently. Managing IP conducted in-depth data analysis to look beyond the headline figures to assess how non-practicing entities are being affected, and which companies have reduced their activity the most

  • CJEU AG opinion sets high bar for SEP owners

    November 20, 2014

    An owner of a standard-essential patent (SEP) who has committed to license on FRAND terms abuses its dominant position by seeking an injunction when the alleged infringer is willing to take a licence

  • India court sets FRAND rates

    November 20, 2014

    The Delhi High Court has ordered Indian handset manufacturer Micromax to pay royalties to Ericsson in the run-up to India’s first FRAND dispute

  • Quarles & Brady hires partner in DC

    November 19, 2014

    Jay Coulby has joined Quarles & Brady’s Washington, DC office as a partner in the intellectual property practice group

  • Federal Circuit sends strong signal in Ultramercial decision

    November 19, 2014

    The claims in the patent at issue in the closely-watched Ultramercial v Hulu case have been invalidated by the Federal Circuit in light of Alice v CLS Bank, after what it describes as an “up and down journey”

  • Traditional knowledge may receive indefinite protection in the Philippines

    November 19, 2014

    The IP Office of the Philippines (IPOPHL) has expressed support for a bill that would create a new category of protection for the traditional knowledge of indigenous groups

  • Unitary Patent and UPC clear another hurdle

    November 18, 2014

    Advocate General Yves Bot has argued strongly that Spain’s two challenges to the European Unitary Patent and Unified Patent Court should be dismissed

  • Where will the UPC be based?

    November 14, 2014

    Following recent announcements, we have updated our map showing the locations of the UPC courts and divisions

  • Australian court looks to Alice

    November 14, 2014

    Practitioners say that this week's Full Federal Court decision in Research Affiliates draws on logic from the US Supreme Court's decision in Alice as well as from the EPO

  • What do the Patent Box changes mean for business?

    November 14, 2014

    Earlier this week the UK and Germany agreed to propose to the OECD’s Forum on Harmful Tax Practices that countries limit the scope of schemes that offer tax breaks for patent-related profits. Here’s what happens next

  • Finnegan’s Kara Stoll nominated to Federal Circuit

    November 13, 2014

    President Barack Obama has nominated Kara Stoll to serve on the Federal Circuit – taking the spot vacated by Randall Rader – and Judge Luis Restrepo to serve on the Court of Appeals for the Third Circuit

  • Euromoney Legal Media Group Asia Women in Business Law Awards 2014: Winners announced

    November 13, 2014

    The best female lawyers from across the region, gathered at the JW Marriott in Hong Kong on November 13 to celebrate the advancement of women in the legal profession at the fourth Euromoney Legal Media Group Asia Women in Business Law Awards

  • Kappos defines the “age of IP”

    November 13, 2014

    IP rights are the only “bulwark” against “the great global labour arbitrage” said former USPTO Director and head of IP at IBM David Kappos, in a speech on the IP Age last week

  • ArrivalStar files its first four lawsuits of 2014

    November 12, 2014

    The third-biggest NPE lawsuit filer of 2013 has returned to filing litigation, with four lawsuits claiming infringement of patents covering vehicle monitoring, reporting and notification systems

  • RPX launches patent insurance for small companies

    November 12, 2014

    RPX has announced insurance for emerging growth companies designed to reduce the risks and costs created by patent infringement lawsuits filed by non-practicing entities

  • Sidley Austin hires Baik from Reed Smith

    November 12, 2014

    Steven Baik has joined Sidley Austin as a partner in Palo Alto as a member of the intellectual property litigation practice

  • BakerHostetler adds patent litigator in DC

    November 12, 2014

    Jason Hoffman has joined BakerHostetler as partner in the Washington, DC office

  • K&L Gates adds partners in Seattle and New York

    November 12, 2014

    K&L Gates has added intellectual property litigation partners Michael Freno and Peter Giunta to its Seattle and New York offices, respectively

  • BT infringes two ADSL patents – Court of Appeal

    November 12, 2014

    Californian company Adaptive Spectrum and Signal Alignment (ASSIA) has won a patent battle against UK telecoms provider BT

  • Patent box regimes set for reform after UK-Germany deal

    November 12, 2014

    The scope of the UK Patent Box regime is to be restricted after Germany and the UK agreed to reduce the competitive advantages the scheme provides. The restrictions are likely to be extended to other European IP tax regimes

  • “Embrace IPRs”, says IP Nav’s Erich Spangenberg

    November 11, 2014

    Erich Spangenberg, owner and founder of IP Navigation Group, said patent owners should not complain about inter partes reviews and that he hoped people do file them, on a panel at the IP Dealmakers Forum in New York on November 6

  • Litigation drop may bring new ideas into patent reform debate

    November 11, 2014

    The drop in US patent litigation in the past few months will not halt effort to pass patent reform, but it may influence some of its provisions

  • Patent licensing conversations slowing down

    November 11, 2014

    The patent licensing business is changing in a profound way, with companies less willing to take a licence without the threat of litigation and the US falling behind European jurisdictions, said licensing executives on a panel at the IP Dealmakers Forum in New York

  • Duane Morris adds IP partner in Chicago

    November 11, 2014

    Duane Morris has appointed Andrea Augustine as a partner in Chicago, joining from AlbertDhand

  • IPRs break 2,000 mark in October, as Google targets Rockstar patents

    November 10, 2014

    October was the second-busiest month so far for IPR petitions at the Patent Trial and Appeal Board. Google was responsible for some of the more interesting petitions as it began taking aim at the patents at issue in its dispute with Rockstar

  • Australia weighs in on software patents

    November 10, 2014

    Australia’s Full Federal Court rules that the computer implementation of an otherwise unpatentable business scheme does not make the claimed invention patentable

  • MPHJ reaches settlement with FTC

    November 07, 2014

    Patent troll MPHJ has settled Federal Trade Commission charges that it used deceptive sales claims and phony legal threats in letters accusing thousands of small businesses of patent infringement

  • 18% of post-Octane motions for fee awards granted

    November 06, 2014

    Six months on from the US Supreme Court’s Octane decision, about 18% of motions for fee awards have been granted according to an analysis by Glaser Weil

  • Federal Circuit publicly reprimands Edward Reines over Rader email

    November 05, 2014

    The Federal Circuit has reprimanded Edward Reines for sending clients and prospects a complimentary email he received from then-Chief Judge Randall Rader. It also referred to the California bar authorities a matter concerning Reines providing concert tickets to Rader

  • ANDA litigation set for record year – report

    November 05, 2014

    A new Lex Machina report on ANDA litigation reveals that 2014 is already a record year for cases filed and that Oxycontin is the trade name with the largest number of cases since 2009

  • Revised UPC Rules provide bifurcation safeguards

    November 05, 2014

    The possibility of bifurcation in the proposed Unified Patent Court has been effectively killed off in the revised version of the Court’s Rules of Procedure

  • Plavix case settled before Supreme Court of Canada hearing

    November 04, 2014

    A case that was expected to provide guidance on Canada's "promise" doctrine of utility and the test for sound prediction of utility has been settled a day before it was due to be argued at a Supreme Court hearing

  • NPEs not faring worse at PTAB than other companies – study

    November 04, 2014

    A new study of inter partes review data reveals that petitions challenging NPE-owned patents are more likely to be instituted but have claims invalidated at a lower rate

  • Vinson & Elkins hires IP litigator from Fenwick & West

    November 04, 2014

    Intellectual property litigator Darryl Woo has joined Vinson & Elkins in San Francisco

  • Maynard Cooper hires IP attorney in San Francisco

    November 04, 2014

    Maynard Cooper & Gale has hired attorney Sasha Rao, who will join the firm’s intellectual property litigation and technology practices in San Francisco

  • They tried to make me go to PTAB…

    October 31, 2014

    Should you ever say no, no, no when deciding whether to try invalidating a rival’s patent at the Patent Trial and Appeal Board? Michael Loney looks at the considerations involved, including the falling institution rate and uncertain chances of being granted a stay

  • Canadian bill introduced to amend Patent Act and Industrial Designs Act

    October 30, 2014

    Canada's government has introduced and moved for the first reading of Bill C-43, which would make the Patent Act and Industrial Design Act consistent with the Patent Law Treaty and the Hague Agreement Concerning the International Registration of Industrial Designs, respectively

  • Delaware court finds ZTE infringed three InterDigital patents

    October 30, 2014

    A jury has found that three patents owned by wireless company InterDigital were both valid and infringed by ZTE in a case in the district court for Delaware

  • Patent Quality Initiative files nine IPR petitions

    October 30, 2014

    The Patent Quality Initiative has filed nine inter partes review petitions directed at patents owned by two non-practicing entities, and has also filed a friend-of-the-court brief urging the Federal Circuit to cancel two Intellectual Ventures patents

  • Pillsbury adds IP litigator in Northern Virginia

    October 30, 2014

    Pillsbury has hired Kecia Reynolds to join its Northern Virginia office as a partner its intellectual property practice

  • Unitary Patent and UPC resources – a guide

    October 30, 2014

    With the Unitary Patent and Unified Patent Court likely to launch as soon as 2016, there are many online resources providing the official documents, as well as analysis and advice. Managing IP provides a list

  • Paul Hastings expands in London

    October 29, 2014

    Technology and privacy lawyer Ashley Winton is moving to Paul Hastings from White & Case on November 3

  • Rader: “The law makes no sense any more”

    October 25, 2014

    Former Chief Judge of the Federal Circuit Randall Rader has said that recent Supreme Court decisions have left the United States so out of step with the rest of the world that legislative correction is needed

  • Judge Chen stresses importance of AIA

    October 25, 2014

    In a well-received keynote at the AIPLA Annual Meeting, Judge Raymond Chen of the US Court of Appeals for the Federal Circuit shared his insights into the rapid pace of change within the US patent system

  • USPTO aims to issue Alice update in November

    October 25, 2014

    The USPTO’s Andrew Hirshfeld gave an update on how the Office is assessing claims in light of the Supreme Court’s Alice v CLS Bank decision in a patent prosecution session at the AIPLA Annual Meeting

  • Tips for drafting claims post-Alice

    October 25, 2014

    Presenters in a patent prosecution session at the AIPLA Annual Meeting shared advice and strategies for drafting claims in light of Alice v CLS Bank

  • Interview: Sobon looks back on a busy year as AIPLA president

    October 25, 2014

    Wayne Sobon stands down as AIPLA President today, with Sharon Israel taking over the role. The AIPLA Daily Report asked him about the highlights of his tenure

  • Former AIPLA presidents share tips for women in IP

    October 25, 2014

    Attendees at the Women in IP Committee Breakfast Meeting at the AIPLA Annual Meeting received the wisdom of some of the most experienced IP practitioners around

  • The IP pitfalls and opportunities of bankruptcy

    October 25, 2014

    In a session on bankruptcy, due diligence, and dual filings and assignments at the AIPLA Annual Meeting, panelists spoke of the challenges that IP lawyers face when dealing in bankruptcy and transactional matters.

  • A tour of the global design landscape

    October 25, 2014

    Industrial design protection is a rapidly evolving area around the world, reports Peter Leung

  • AIPLA names Lisa Jorgenson as executive director

    October 24, 2014

    The American Intellectual Property Law Association (AIPLA) has appointed Lisa Jorgenson as its new executive director, effective November 17 2014

  • USPTO's Lee defends "critical" telework program

    October 24, 2014

    During her speech at the AIPLA Opening Plenary session, Michelle Lee responded to reports about the USPTO’s telework program, saying steps were being taken to address concerns of mismanagement but stressing it is “an incredibly valuable program.”

  • Why Europe is not trolls' natural habitat

    October 24, 2014

    Benoît Battistelli, President of the European Patent Office (EPO), updated AIPLA attendees on developments in Europe in the luncheon speech yesterday. He especially highlighted the cooperation between the EPO and the United States

  • Phil Johnson calls for fairness in PTAB proceedings

    October 24, 2014

    In a session at the AIPLA Annual Meeting, David Kappos said that Federal Circuit decisions will show whether the Patent and Trial Appeal Board (PTAB) is on the right track while Phil Johnson stressed that the proceedings must be perceived as fair

  • Worries over Supreme Court’s flirting with 101

    October 24, 2014

    The impact of the Supreme Court on Section 101 was debated in a star-studded update on the US patent system session at the AIPLA Annual Meeting featuring David Kappos and Laurie Self

  • Are trade secrets the next troll target?

    October 24, 2014

    The rise of the Internet has altered the ways in which most people involved in IP conduct business. This is particularly true in regards to trade secrets

  • Pharma companies query LatAm policies

    October 24, 2014

    “You might not know it from my talk, but I love the region,” warned Manisha Desai of Eli Lilly at the beginning of her AIPLA presentation yesterday morning. Her preface was a good summary of both the opportunities and challenges that pharmaceutical companies face in Latin America.

  • The real standard articulated in Bilski and Alice

    October 24, 2014

    In a session at the AIPLA Annual Meeting yesterday morning, David Wille of Baker Botts examined the Bilski and Alice rulings and suggested that despite the criticisms, the Supreme Court is laying out an alternative approach to the question of patentability

  • AIPLA calls for changes in PTAB proceedings

    October 23, 2014

    The USPTO has received a total of 37 comments about Patent Trial and Appeal Board (PTAB) proceedings – including from AIPLA – after 22 comments were submitted in the three days before the October 16 deadline for comments

  • Michelle Lee expected to “hit the ground running” as USPTO director

    October 23, 2014

    AIPLA has welcomed the nomination of Michelle Lee to serve as Under Secretary of Commerce for Intellectual Property and Director of the USPTO

  • Interview: Sharon Israel, AIPLA president-elect

    October 23, 2014

    Sharon Israel takes over as AIPLA President during this year’s Annual Meeting. She has already identified a few areas to focus on during her tenure, as revealed in an interview with Michael Loney

  • The risks of standard-essential patents

    October 23, 2014

    The AIPLA Annual Meeting will feature some in-depth discussion about licensing patents, especially around the risks involved in setting royalty rates at reasonable and non-discriminatory (RAND) terms.

  • Your guide to Unitary Patent and UPC

    October 23, 2014

    Europe is about to embark on the most fundamental change to its patent system in 40 years. The AIPLA Daily Report presents a primer on what’s coming

  • Law firms face more pressure over cost and quality

    October 23, 2014

    Law firms are under increasing pressure to offer clients fixed-fee billing arrangements, according to a survey by CPA Global

  • Supreme Court wrestles with claim construction in Teva arguments

    October 22, 2014

    The Supreme Court judges appeared divided on this issue of how much deference the Federal Circuit should give to district courts’ patent claim construction in their questioning during oral arguments in Teva v Sandoz last week

  • Post-grant reviews at the PTAB explained

    October 22, 2014

    Two post-grant review petitions have been filed at the Patent Trial and Appeal Board since August. But it will take years for the popularity of this type of review to come close to that of inter partes review

  • Test the UPC case management system

    October 21, 2014

    A prototype website for the Unified Patent Court e-filing and case management system is available for testing

  • Patent litigator joins Linklaters in Germany

    October 21, 2014

    Julia Schönbohm will join Linklaters as a partner in the dispute resolution division in the Frankfurt office on December 1

  • Last-minute submissions push PTAB comments total to 37

    October 18, 2014

    After 22 comments were submitted in the three days before the deadline for comments about Patent Trial and Appeal Board (PTAB) proceedings, the USPTO has received feedback from a total of 37 companies, organisations and individuals

  • Lee nomination as USPTO director confirmed

    October 17, 2014

    President Barack Obama has announced his intention to nominate Michelle Lee as undersecretary of commerce for intellectual property and director of the USPTO. She had been performing the functions and duties of the USPTO director in her position of deputy director

  • Patent Quality Initiative formed to file amicus briefs, petition for IPRs, educate

    October 15, 2014

    Banking association and payments company The Clearing House has announced the formation of the Patent Quality Initiative (PQI), an advocacy organisation that will seek to promote strong patents and discourage the assertion of patents it believes are invalid

  • Federal Circuit arguments in Myriad may worry biotech industry

    October 15, 2014

    The Federal Circuit's Myriad review could provide clarity about the scope of recent Supreme Court patent-eligibility decisions, but one pharma IP practitioner worries that “the biotech industry might feel storm-tossed after these oral arguments”

  • Manatt hires three-partner team in California

    October 15, 2014

    Manatt Phelps & Phillips has added a three-partner group to its intellectual property practice from Dickstein Shapiro

  • Kramer Levin hires pharma patent litigator

    October 15, 2014

    Christine Willgoos, a pharmaceutical and biotechnology patent litigator, has joined Kramer Levin Naftalis & Frankel as special counsel

  • Carpmaels adds further patent litigators

    October 15, 2014

    UK IP firm Carpmaels & Ransford has enhanced its recently launched litigation practice with the hire of Camilla Balleny from Pinsent Masons

  • Rouse returns to IP with Brandstrike

    October 14, 2014

    Peter Rouse has joined Brandstrike, providers of the IPCurator platform, as vice president services

  • Federal Circuit orders Eastern District of Texas to stay Rockstar case

    October 10, 2014

    The Federal Circuit has ordered the Eastern District of Texas to grant a stay in Rockstar’s dispute with Google over the Android operating system pending the outcome of an action in the Northern District of California, saying that denying a stay was “a clear abuse of discretion”

  • Brown Rudnick hires two in New York from Winston & Strawn

    October 09, 2014

    Peter Lambrianakos has joined Brown Rudnick as a partner and Bryan DeMatteo has joined as a senior associate in the intellectual property litigation group in the New York office

  • Honigman hires partner in Michigan from Harness Dickey

    October 09, 2014

    Matthew Szalach has joined the intellectual property department at Honigman Miller Schwartz and Cohn as a partner

  • Interview: Unified Patents targets more zones to protect against NPEs

    October 07, 2014

    Unified Patents, a company that protects members against non-practicing entities (NPEs) in specific technology areas, is confident of further growth and will soon add additional technology areas, its CEO Kevin Jakel told Managing IP in an interview

  • PTAB petition filing down in September, second PGR filed

    October 07, 2014

    Data Analysis: Patent Trial and Appeal Board (PTAB) petition filings broke the 2,000 barrier in September, which also saw the second ever post-grant review (PGR) petition. The figures for fiscal year 2014 were up greatly on previous years

  • Federal Circuit schedules first IPR appeal argument

    October 06, 2014

    The Federal Circuit will next month hear the oral argument for the first appeal of an inter partes review, In re Cuozzo Speed Technologies

  • Singapore designated PCT international search authority

    October 06, 2014

    Singapore and WIPO have entered into an agreement to designate the IP Office of Singapore (IPOS) a PCT international search authority

  • WilmerHale adds IP partner in London

    October 06, 2014

    Anthony Trenton has joined WilmerHale’s London office. He was formerly a partner of Dentons

  • Former IP High Court Chief Judge joins Yuasa and Hara

    October 06, 2014

    Toshiaki Iimura has joined Yuasa and Hara’s Tokyo office

  • Patent licensing professionals still adjusting to PTAB proceedings

    October 02, 2014

    IP licensing professionals have not yet caught up with how the advent of Patent Trial and Appeal Board (PTAB) proceedings is affecting their business

  • Acacia subsidiary ordered to pay $1.4m attorneys’ fees

    October 01, 2014

    The District Court for Delaware has ordered a subsidiary of Acacia Research to pay attorneys’ fees of $1.396 million to NetApp, while issuing a smack down of “this sort of reckless and wasteful litigation”

  • 3D printing must avoid the music industry’s IP mistakes

    September 30, 2014

    The rise of 3D printing has meant the every conceivable product is in danger of having its IP infringed upon. But some interesting approaches to tackle this are already emerging, such as a partnership between the 3D printing company Shapeways and toy and game maker Hasbro

  • Judge notes Alice’s unintended consequence in video game case

    September 30, 2014

    The Central District of California has invalidated non-business-method claims on two video game-related patents, with the judge citing the Alice v CLS Bank decision and noting the dangers of claiming the novel portions of an invention too broadly

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