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Patent Archive

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  • 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

  • California Northern District: ITC ruling does not preclude lawsuit

    June 26, 2015

    A judge in the Northern District of California ruled on Wednesday that an ITC finding of non-infringement does not block litigation on the same patents

  • An obscure rule gets time in spotlight

    June 25, 2015

    The US Supreme Court’s ruling this week in Kimble v Marvel has brought attention to a little-known patent licensing rule that even some sophisticated parties did not know about

  • Unitary Patent renewal fees agreed

    June 25, 2015

    Unitary Patent renewal fees will be based on those of the top four participating member states, an EPO Select Committee has decided

  • Uncertainty over PTAB remand after first Federal Circuit reversal

    June 23, 2015

    It took 19 tries, but the PTAB has been overturned in a Federal Circuit appeal for the first time in Microsoft v Proxyconn. Patent holders take comfort that the Federal Circuit is not merely rubber stamping decisions but it is unclear how the Board will deal with the remand

  • Supreme Court: Want post-expiration royalties? Go to Congress

    June 22, 2015

    The US Supreme Court has upheld the ban on royalty payments for sales made after a patent’s expiration

  • Data: One year of Section 101 decisions since Alice

    June 22, 2015

    The figures in the year since the Supreme Court’s Alice ruling reveal that the district courts, Federal Circuit and PTAB are invalidating patents on 101 grounds at very high rates

  • The history and future of induced infringement liability

    June 22, 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

  • How to get a patent in China

    June 22, 2015

    Are you are blacksmith, a knight or a metallurgist? Why Dyson's Andy Booth demarcates the patent process from invention to litigation

  • Concurrence in disappointing Federal Circuit Ariosa decision gives biotech hope

    June 19, 2015

    Speakers at the BIO International Convention were dismayed by the Federal Circuit’s decision that a Sequenom patent was invalid. But they were hopeful that Judge Linn's concurring opinion criticising the Mayo framework pointed the way to a Supreme Court appeal

  • PTAB allows Celgene to file for sanctions against Coalition for Affordable Drugs

    June 18, 2015

    The Patent Trial and Appeal Board has authorised Celgene to file motions for sanctions in response to four inter partes review petitions filed by the Coalition for Affordable Drugs, the entity Kyle Bass and Erich Spangenberg are using to challenge pharmaceutical patents

  • Vringo receives six-month delisting reprieve

    June 18, 2015

    The patent assertion entity announced today that it has received a six-month grace period to raise its share price to the $1 minimum

  • IP-owning companies perform better – OHIM study

    June 18, 2015

    Businesses that own IP rights generate more revenue per employee, have more employees and pay higher salaries than those that do not, according to a new report by the Observatory on Infringements of Intellectual Property Rights

  • Guidance on UPC opt-out published

    June 17, 2015

    A recent update published by the UPC preparatory committee provides guidance on Article 83 of the UPC Agreement and choice of forum during the transitional period

  • Myriad - Australia edition

    June 16, 2015

    Australia’s High Court held oral arguments today on the issue of whether an isolated gene is patentable

  • Standard essential patents and FRAND: the state of play

    June 16, 2015

    Important rulings on (F)RAND questions on both sides of the Atlantic are expected soon. Ahead of them, James Nurton rounds up other recent developments and decisions affecting standard-essential patents

  • PTAB allows motion to amend in IPR challenging Neste Oil patent

    June 15, 2015

    In a final written decision, the Patent Trial and Appeal Board found 24 claims of a Neste Oil patent invalid but allowed it to substitute four claims in a rare grant of a motion to amend

  • UPC concerns for telecoms and IT companies

    June 15, 2015

    Unique features of the telecommunication and IT industries will create specific issues when it comes to determining strategies in the Unified Patent Court, as Tim Powell, Geraldine Quinn and Stuart Knight explain

  • Report highlights poor patent information

    June 15, 2015

    One quarter of patent registry records are inaccurate, incomplete or out of date, according to a new report

  • Innovation Act reports to US House of Representatives

    June 12, 2015

    The Judiciary Committee has voted to report its patent reform bill to the full House of Representatives despite several concerns raised by Representatives

  • Eight takeaways after EPO and MEPs discuss Unitary Patent

    June 12, 2015

    How much will the Unitary Patent translation system cost? And how many UPC judges are there expected to be? Answers to these and other questions are presented in a report on a meeting between the EPO and the European Parliament’s Legal Affairs Committee

  • Least developed countries ask for more time for TRIPs

    June 12, 2015

    The TRIPS Council is considering whether to exempt least developed countries from implementing certain parts of the TRIPS Agreement indefinitely

  • Patent harmonisation plans make slow progress

    June 12, 2015

    A group of developed countries has agreed some of the principles that should underpin any future patent harmonisation deal. But differences remain on how those principles should be implemented when it comes to handling grace periods and conflicting applications

  • Data – US patent litigation jumps 55% in May, led by eDekka

    June 12, 2015

    US patent litigation cases filed in May were the highest since the Alice decision. The most active filer was eDekka, the NPE that filed the most cases in 2014

  • 12% of litigated patents since 2012 challenged at the PTAB

    June 09, 2015

    Analysis by Unified Patents reveals the percentage of litigated patents that are challenged at the PTAB, the claim outcomes in terminated cases and final written decisions, and the extent to which Asian companies are using proceedings

  • May PTAB Data – Three PGRs filed in a busy month

    June 08, 2015

    The total number of post-grant review petitions filed with the Patent Trial and Appeal Board jumped to eight in May. The month also included 145 inter partes review petitions and an important ruling on estoppel by the Board

  • Intellectual Ventures II files third and fourth lawsuits of 2015

    June 08, 2015

    Intellectual Ventures II has sued Canon for infringing digital imaging patents, the first lawsuits from the fund since it sued two insurers in January

  • In-house counsel share patent practice tips

    June 08, 2015

    In-house counsel speakers at Managing IP’s Women in IP network Forum in New York last week shared tops on litigating technology, dealing with NPEs and preparing for European patent reform

  • Is the biosimilar dance party mandatory?

    June 05, 2015

    The Federal Circuit heard oral arguments this week in Amgen v Sandoz, and the dispute centres on a seemingly simple question that goes to a key part of the Biologics Price Competition and Innovation Act: what does “shall” mean?

  • Is it time to revise the EPC?

    June 05, 2015

    The body representing European patent lawyers has raised the possibility of revising the European Patent Convention, in a letter to EPO President Benoît Battistelli

  • US PATENT Act moves out of Senate Judiciary Committee

    June 04, 2015

    The Judiciary Committee has voted to report the PATENT Act to the Senate

  • Unitary Patent and UPC: a progress report

    June 03, 2015

    The next six months will be key to the success of the Unitary Patent and UPC project. Managing IP provides an update on the latest developments

  • PTAB data: Apple regains top spot for filing in May

    June 03, 2015

    Managing IP’s analysis of Docket Navigator data on May’s PTAB petitioners, patent owners, law firms and attorneys reveals Apple regained the top spot for filing that it lost in April, while a corrections technology company had a busy month for IPR petitions

  • Australian study calls into doubt benefits of second-tier patents

    June 02, 2015

    A report from IP Australia found that there is little proof that Australia’s innovation patent system helps to encourage R&D or participation in the IP system

  • Reed Smith adds six attorneys in three US offices

    June 02, 2015

    Reed Smith has added six attorneys to its global intellectual property practice in three US markets, joining from Winston & Strawn, Novak Druce and the USPTO

  • UK appellate court weighs in on Swiss-type claims

    June 02, 2015

    The Court of Appeal of England and Wales has provided guidance on the construction of a second medical use patent with Swiss-type claims for the purposes of establishing infringement, and followed Dutch and German case law in finding an arguable case for indirect infringement of such patent

  • European IP boutiques merge

    June 01, 2015

    Two IP boutiques are to merge this year, forming a 36-partner practice with offices in Amsterdam, Brussels, Düsseldorf, Madrid, Mannheim and Paris

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