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Patent Archive


  • Michael Shore vows to “take a wrecking ball to the IPR system”

    November 22, 2017

    The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe said at the IP Dealmakers Forum that other companies are “lining up to do deals” and that universities’ endowment funds are interested in getting involved. Shore outlined why he believed these types of deals are here to stay

  • WIPO study sheds light on value of "intangible capital" in manufactured goods

    November 22, 2017

    WIPO Director General Francis Gurry says intangible capital determines success in the marketplace. "Intellectual property, in turn, is the means by which companies secure the competitive advantage flowing from their intangible capital"

  • Confidentiality clubs becoming more common in Indian patent disputes

    November 21, 2017

    IP practitioners see a trend of using confidentiality clubs in patent litigation cases to safeguard sensitive information, as demonstrated by the Delhi High Court’s recent grant of such a request in a dispute between Ericsson and Xiaomi

  • Interview: Fish & Richardson’s Dorothy Whelan on pharma PTAB proceedings

    November 17, 2017

    Dorothy Whelan, co-chair of Fish & Richardson’s post-grant practice group, has been involved in high-profile cases such as the first IPR decisions that invalidated Humira patents. As part of the Women in IP series, Whelan speaks to Michael Loney about the biggest issues at the PTAB

  • PTAB revises procedures for Federal Circuit remands

    November 17, 2017

    The Patent Trial and Appeal Board has revised the “Standard Operating Procedure 9 (SOP9)” for cases remanded from the Federal Circuit, including requiring panels to meet with the PTAB chief, deputy chief or a delegate to discuss remanded cases

  • Federal Circuit says TC Heartland changed the law

    November 16, 2017

    The Federal Circuit has granted Micron’s mandamus petition stating: “We conclude that TC Heartland changed the controlling law in the relevant sense: at the time of the initial motion to dismiss, before the Court decided TC Heartland, the venue defense … based on TC Heartland’s interpretation of the venue statute was not ‘available’”

  • USPTO to increase fees, including 72% IPR request fee change

    November 16, 2017

    The USPTO has released a final rule detailing fee increases to go into effect in January. The combined cost of an inter partes review request and institution at the Patent Trial and Appeal Board will go up to $30,500

  • India’s Supreme Court pushes for faster IPR suits

    November 15, 2017

    Delhi High Court has been given eight weeks to finalise rules and practice changes to dispose with IPR suits faster, a move that is expected to benefit litigants

  • Analysing the assessment of novelty post-Actavis

    November 15, 2017

    The Patent Court recently issued the first application of the UK Supreme Court’s Actavis v Eli Lilly ruling. Arnold J considered the impact on novelty of the doctrine of equivalents

  • District court stays pending IPR/CBM/PGR: a review of the past 12 months

    November 15, 2017

    Overall success rates of motions to stay district court litigation pending review at the Patent Trial and Appeal Board have dropped noticeably in the past fiscal year. Christopher Hanewicz and Truscenialyn Brooks of Perkins Coie analyse recent stay statistics

  • IP trends to watch in China’s Belt and Road Initiative

    November 14, 2017

    China’s ambitious initiative will likely lead to it being a hub for securing IP protection for businesses investing in Belt and Road Initiative projects. It will also affect enforcement strategies, with IP disputes expected to increase along the BRI route

  • PTAB requests tribal immunity briefs, House holds hearing

    November 09, 2017

    The Patent Trial and Appeal Board has asked for amicus briefing on whether tribal ownership immunises a patent from IPR challenges, while a House of Representatives subcommittee held a hearing on sovereign immunity and the intellectual property system in which ranking member Jerry Nadler said Allergan’s deal with a Native American tribe “makes a mockery of Congressional authority and of the rule of law”

  • PTAB round-up: steady filing; Aqua Products fall-out; precedential and informative decisions; and more

    November 08, 2017

    October at the Patent Trial and Appeal Board saw a levelling out of petition filing, the first ever extension of the final written decision deadline for good cause, and one precedential and three informative PTAB decisions

  • Singapore High Court rules it has no jurisdiction to revoke patents

    October 30, 2017

    A recent ruling made clear that Singapore’s High Court does not have original jurisdiction to hear patent revocation proceedings even if they are brought by a counterclaim in infringement proceedings. If the ruling stands, it would mean all revocation cases will have to be started at IPOS

  • When should the USPTO intervene in PTAB appeals?

    October 27, 2017

    The USPTO intervenes in less than a quarter of appeals of PTAB decisions to the Federal Circuit. Nathan Kelley, USPTO deputy general counsel for intellectual property law, recently shed some light on when and why the office chooses to do so

  • Federal Circuit judges offer tips for PTAB appeals

    October 27, 2017

    Federal Circuit judges discussed how they handle appeals from the Patent Trial and Appeal Board during an AIPLA session. Judge Newman also took the chance to offer a solution for the Supreme Court ruling on the pending Oil States case

  • Interview: Myra McCormack’s plans as AIPLA president

    October 26, 2017

    Myra McCormack recently took over as president of the American Intellectual Property Law Association. Michael Loney interviews McCormack and executive director Lisa Jorgenson to hear the association’s plans for the next year

  • PTAB extends an IPR for good cause for the first time

    October 25, 2017

    The PTAB has extended the one-year deadline in Minerva Surgical v Hologic by six months. The final written decision in the inter partes review was originally set to expire two days after the Federal Circuit released its en banc Aqua Products opinion

  • PTAB designates three opinions addressing § 325(d) as informative

    October 25, 2017

    The PTAB has designated as informative three opinions addressing its ability to reject petitions because the same prior art or arguments previously were presented to the USPTO. Some believe this helps give guidance on how to make patents “IPR proof”

  • USPTO’s Matal hints at PTAB improvements

    October 24, 2017

    Joseph Matal, who is performing the duties of USPTO director, gave a speech discussing the Patent Trial and Appeal Board, including upcoming USPTO guidance on Aqua Products, how the precedential General Plastic opinion will reduce serial attacks on the same patent, the evolving 325(d) jurisprudence, and two PTAB cases he thought have a shot of being taken up by the Supreme Court

  • Leahy and Hatch urge intellectual property legislative action

    October 24, 2017

    In speeches at the AIPLA annual meeting, Senators Patrick Leahy and Orrin Hatch listed a number of areas they are targeting in Congress, while Hatch said he was concerned about the effects of IPR proceedings on Hatch-Waxman cases

  • Functional claiming in US patent prosecution post-Williamson

    October 24, 2017

    The impact of the Federal Circuit’s Williamson v Citrix opinion on patent prosecution in 2015 is still being felt. A session at the AIPLA annual meeting provided some tips for avoiding functional claiming, while another session focused on obviousness

  • TRIPs Protocol on public health deadline to be extended

    October 23, 2017

    WTO members agreed to extend the period for acceptance of the Protocol Amending the TRIPs Agreement until December 31 2019 at the TRIPs Council meeting on October 19 to 20

  • IP firm Redd to join Wiggin

    October 23, 2017

    London-based Redd, which has four partners, is to join media, technology and brands firm Wiggin on November 6

  • Judge criticises Allergan’s Native American tribe deal, invalidates Restasis patents

    October 18, 2017

    Judge Bryson in the Eastern District of Texas has noted “serious concerns” about Allergan transferring patents to the Saint Regis Mohawk Tribe to benefit from sovereign immunity but joined the tribe to litigation against Mylan and Teva – “Allergan’s tactic, if successful, could spell the end of the PTO’s IPR program”

  • Apple’s patent loss against VirnetX bumped up to $439m

    October 18, 2017

    The Eastern District of Texas has added $137.3 million of wilful infringement enhanced damages, interest, costs and attorney fees to a jury award of $302.4 million

  • Federal Circuit vacates injunction in Amgen’s dispute with Sanofi

    October 11, 2017

    The permanent injunction granted by the District of Delaware in the dispute between Amgen and Sanofi/Regeneron over cholesterol-lowering treatment has been vacated, in a decision that also included some implications for the USPTO’s practice of granting broad antibody claims

  • Campinos confirmed as next EPO president

    October 11, 2017

    The EPO's Administrative Council has elected António Campinos to succeed Benoit Battistelli as president for a five-year term starting from July 1 2018

  • Interview: Jesper Kongstad, former chair of the EPO Administrative Council

    October 10, 2017

    Jesper Kongstad has stepped down as head of Denmark's Patent and Trade Mark Office and joined IP firm Zacco. In this interview, he reflects on recent changes and challenges for national IP offices and the EPO

  • Analysis: Was the Federal Circuit’s Aqua Products opinion a wash out?

    October 06, 2017

    The Federal Circuit’s en banc Aqua Products v Matal ruling has been described as “a complete non-event” and “a real mess” that “did little to resolve the big questions” surrounding the PTAB's treatment of motions to amend. However, it did shift the burden of persuasion to the petitioner, while some believe the Chevron implications of the decision are most interesting

  • Federal Circuit issues narrow en banc Aqua Products opinion

    October 04, 2017

    The long-awaited Aqua Products ruling is narrow – a result of different views on the judgment and the rationale that should be employed. The matter is remanded for the PTAB to consider the patentability of the proposed substitute claims without placing the burden of persuasion on the patent owner

  • Data: ED of Texas’s post-TC Heartland share of US patent cases falls to 16%

    October 04, 2017

    The Eastern District of Texas’s share of US district court patent cases in 2017 has fallen to 16% post-TC Heartland from 34% before, while overall patent case filing is on course to fall 13% for the full year compared to 2016, reveals data from Unified Patents

  • PTAB filling falls in Q3 but still on track for record year

    October 04, 2017

    The third quarter had the fewest Patent Trial and Appeal Board petitions since the first quarter of 2016. In September, the Board designated one of its decisions as informative and also granted a rare rehearing in an IPR involving the Coalition for Affordable Drugs

  • Myanmar prepares for new IP laws

    October 03, 2017

    The creation of a comprehensive IP regime is finally on the horizon in Myanmar. In July, draft bills on trade mark, copyright, patent and industrial design were sent to the legislative committee for deliberation. Implementing regulations are expected to come in later this year. Local lawyers believe that the trade mark law will have the most take up for brand owners. However, they share concerns of the judiciary’s lack of specialised IP experience

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