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Patent Archive

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  • Managing IP North America Awards Winners 2017

    March 24, 2017

    The North America Awards Dinner was held at the Four Seasons in Washington DC on March 23, revealing the best intellectual property law firms, individuals and cases of the past year

  • Eli Lilly loses NAFTA patent arbitration with Canada

    March 22, 2017

    Tribunal in NAFTA arbitration between Eli Lilly and the Canadian government has found the application of the promise doctrine did not involve a fundamental change in the country’s patent law, in a keenly-anticipated decision

  • US Supreme Court rules no laches defence available in patent cases

    March 22, 2017

    The Supreme Court rejected wholesale the Federal Circuit’s stance that laches be an available defence in patent law, in its SCA Hygiene v First Quality ruling

  • US district court 101 invalidity rates down slightly in 2017

    March 21, 2017

    The Federal Circuit maintains its high invalidity rate on Section 101 decisions so far this year but the district court rate has fallen, according to new figures from Fenwick & West’s Robert Sachs. One interesting recent trend is the PTAB has reversed all 16 ex parte appeals of Section 101 rejections since October

  • MIP Global Awards 2017: The highlights

    March 15, 2017

    85 awards, including for corporate social responsibility and in-house achievement, were presented at Managing IP’s 12th Global Awards dinner at The Savoy in London last week. The photos from the event have also been published

  • Latest people moves in the US

    March 15, 2017

    Managing IP’s regular review of the latest moves and appointments in the US includes hires by Goodwin, McDermott Will & Emery, Arent Fox, Dykema Cox Smith, Akin Gump, White & Case and Haynes and Boone.

  • The land that IP law forgot

    March 14, 2017

    As Myanmar has opened up in the past five years, multinationals have rushed into the country. But, reports Shaun Tan, its IP laws are still frozen in time

  • Federal Circuit finds motion-sensor patents valid under Alice, in Thales Visionix v United States

    March 14, 2017

    The Federal Circuit has upheld patents disclosing a system of sensors affixed to a helmet under Section 101, in its Thales Visionix v United States ruling

  • ITC schedules second oral hearing in almost a decade

    March 14, 2017

    The International Trade Commission will hold an oral hearing in Certain Carbon and Alloy Steel in April. This is only the second oral argument granted in nearly 10 years, following one in November last year

  • Managing IP Global Awards Winners 2017

    March 10, 2017

    The Global Awards Dinner was held at The Savoy in London on March 9, with 300 guests from 89 firms and 44 countries

  • Ropes & Gray to spin off patent prosecution practice in new firm

    March 08, 2017

    Ropes & Gray will leave the patent prosecution business, with the spin-out of a new firm with Joseph Guiliano as head

  • Genentech’s biosimilar complaint against Amgen dismissed

    March 08, 2017

    Judge Sleet of the District of Delaware has dismissed Genentech’s biosimilar complaint against Amgen for lack of subject matter jurisdiction, and granted 45 days for an amended complaint to be filed

  • Sprint awarded $140m patent damages against Time Warner

    March 07, 2017

    A jury in the District of Kansas has found Timer Warner Cable infringed five Sprint Communications patents, and awarded the biggest patent damages so far this year

  • Biosimilars so far: Looking back and forward at the patent dance

    March 07, 2017

    Natalie Rahhal analyses the patent disputes that have been filed so far around biosimilars and previews what issues to expect this year

  • PTAB round-up: Petition filing slumps in February, Federal Circuit and Board decisions of note

    March 07, 2017

    Patent Trial and Appeal Board petition filing last month was down 47% on the record January. Michael Loney reveals the busiest entities and analyses Federal Circuit and Board decisions in February, including the latest Kyle Bass final written decisions

  • Court grants landmark declaration in biosimilar case

    March 07, 2017

    A UK judge has granted a declaration in favour of a number of pharmaceutical companies who are seeking to launch rival products to the world's best-selling drug Humira

  • UK IPO appoints new CEO

    March 06, 2017

    The IPO has appointed head of Companies House Tim Moss as its new chief executive

  • Should the Federal Circuit stop issuing Rule 36 affirmances?

    March 03, 2017

    Law professor Dennis Crouch is calling for the Federal Circuit to not give Rule 36 affirmances in PTAB appeals, arguing it is required by statute to issue an opinion. The court has continued to issue them but has asked for briefing in two en banc rehearing requests of affirmances

  • SIPO appears to ease curbs on software patents

    March 03, 2017

    China’s IP office has released new guidelines that include a reduction in restrictions on software patents. Observers say it is not clear how big an effect it will have in practice

  • Federal Circuit grants Google writ of mandamus to transfer venue in Eolas case

    March 01, 2017

    Google’s request for a writ of mandamus to transfer a case brought by Eolas Technologies to the Northern District of California from the Eastern District of Texas has been granted, with the Federal Circuit citing “a clear abuse of discretion”

  • Federal Circuit invalidates Smartflash patents in Apple dispute

    March 01, 2017

    The Federal Circuit has found invalid three Smartflash patents that an Eastern District of Texas jury had awarded $530m in damages for Apple infringing in 2015. The appeals court said Smartflash’s asserted claims are analogous to Ultramercial and distinct from DDR Holdings.

  • Utynam’s Heirs

    March 01, 2017

    Inspired by Valentine’s Day last month, Managing IP invited our Twitter followers to compose IP-related love poems, and received dozens of responses, from the beautiful to the bitter. Utynam has picked his favourites to share with you

  • Interview: Dominion Harbor’s plan for IV's Kodak patent portfolio

    February 28, 2017

    Dominion Harbor has acquired Intellectual Ventures’ portfolio of Kodak patents. Its CEO, David Pridham, tells Michael Loney his plans for the portfolio and how he views the patent monetisation market

  • Roundtable: The second medical use challenge – full transcript

    February 28, 2017

    Three leading patent specialists discussed one of the most challenging issues in IP at the moment – incentivising new uses for known drugs – at a recent roundtable discussion. The participants were: Jurgen Dressel, head of global patent litigation strategy, Novartis Pharma; Galit Gonen, VP and general counsel for Europe at Teva; and Professor Sir Robin Jacob, former Court of Appeal judge and professor at the Institute of Brand and Innovation Law, University College London

  • Are you 3DP ready?

    February 28, 2017

    3D printing is already causing disruption in some industries. Stella Wong considers how to develop a 3DP IP strategy, with a particular focus on the medical industry

  • Unitary Patent and UPC: A progress report (January/February 2017)

    February 28, 2017

    EU Council ministers discuss Unitary Patent and UPC, Italy ratifies the UPC Agreement (UPCA), UK government publishes Brexit strategy document and answers questions on its UPCA ratification commitment

  • Avoid the tax shock in licensing agreements

    February 28, 2017

    Christopher M Neumeyer reviews the lessons to be learned from two recent cases where Taiwan companies were ordered to pay taxes on licensing fees paid to a foreign licensor

  • Amending claims at the PTAB – a fool’s errand?

    February 24, 2017

    Patent owners have found it tough to meet the requirements for motions to amend claims in PTAB post issuance review proceedings. Binal J Patel, J Pieter van Es and Kimberly S Devine examine the eight decisions where such motions have been granted

  • Federal Circuit reverses PTAB determination of CBM patent in Secure Axcess

    February 24, 2017

    The Federal Circuit has concluded “the patent at issue is outside the definition of a CBM patent that Congress provided by statute” in its Secure Axcess v PNC Bank National Association ruling. Judge Lourie wrote a dissent, backing up the PTAB’s determination

  • SCOTUS rules in Life Tech v Promega: One is not enough

    February 23, 2017

    The Supreme Court has reversed the Federal Circuit in Life Tech v Promega, ruling that manufacture and exportation of a single component of a patented invention assembled in another country is not enough for infringement in the US. However, as a concurring opinion and observers note, the court did not indicate how much more than one is enough

  • Analysis: Complexity lies ahead for CRISPR patents after PTAB decision

    February 22, 2017

    The eagerly-anticipated ruling from the PTAB of “no interference-in-fact” is a win for the Broad Institute in its CRISPR patent battle with University of California Berkeley. But much wrangling lies ahead over the rights to the gene-editing technology, including a potential appeal and likely licensing disputes

  • This year’s premier patent firms

    February 22, 2017

    In this, the second part of this year’s IP Stars research, we rank the top firms in 80 jurisdictions for patent work

  • Interview: Asa Kling, director of Israel Patent Office

    February 22, 2017

    Asa Kling is due to step down as director of Israel's Patent Office in May, after six years in charge. In this interview, he discusses the move to online services, the proposed new Design Law and patent oppositions

  • Federal Circuit vacates Apple PTAB win for inadequately supported findings

    February 17, 2017

    A Patent Trial and Appeal Board finding of unpatentability for obviousness based on two prior-art references in Personal Web Technologies v Apple has been remanded because “the Board did not adequately support its findings”

  • An IP practitioner’s guide to minding your business

    February 17, 2017

    Australian patent attorney Bradley Postma has written a career guide for young lawyers. Shaun Tan spoke to him about being fired, fickle partners and how to win promotion

  • Latest people and firm news from Asia

    February 17, 2017

    Who is on the move in the Asia-Pacific region? Our latest update includes news from Hong Kong, Shanghai and Singapore

  • Latest people moves in the Americas

    February 16, 2017

    Managing IP’s regular review of the latest moves and appointments in the Americas includes Paul Weiss Rifkind Wharton & Garrison hiring Ropes & Gray’s PTAB chair, an IP law firm merger in Ecuador and much more

  • Federal Circuit reverses district court in long-fought Shire v Watson ANDA dispute

    February 15, 2017

    The Federal Circuit has found Watson did not infringe Shire’s patent for Lialda, noting the “rare” exception established by Norian to the presumptively closed nature of the “consisting of” language

  • Jury orders Google to pay $20m in patent damages

    February 15, 2017

    An inventor and the estate of his late partner have been awarded $20m by an Eastern District of Texas jury for Google infringing three patents through its Chrome browser, in a case on remand from the Federal Circuit

  • IP Stars Patent rankings 2017 - sneak peek

    February 15, 2017

    The 2017 IP Stars patent rankings are now available for all readers to see

  • PTAB round-up: Record filing in January, Federal Circuit’s Phigenix standing ruling, denial of review decisions, district court estoppel

    February 14, 2017

    Michael Loney rounds up Patent Trial and Appeal Board-related decisions of note in January, including a precedential Federal Circuit decision on standing to appeal in Phigenix v ImmunoGen and two district court estoppel decisions

  • MIP International Women's Leadership Forum 2017 - highlights

    February 10, 2017

    Alice O'Donkor reports from our latest Women in IP event, held at the Waldorf Hilton in London, where topics including the UPC, Brexit, brand management and leadership were discussed

  • Why Microsoft has introduced protection against cloud computing patent litigation

    February 10, 2017

    In an interview, Erich Andersen explains Microsoft’s new programme to protect customers against IP litigation related to cloud computing, including making 10,000 patents available and pledging to Azure customers that if it transfers patents to non-practising entities they cannot be asserted against them

  • Women in IP Interview: Jane Politz Brandt

    February 09, 2017

    Jane Politz Brandt has made a name for herself trying high-profile cases, particularly in the Eastern District of Texas, where she is co-chair of Thompson & Knight’s intellectual property practice group. In our latest Women in IP interview, she talks with Natalie Rahhal about mentorship and secrets to success

  • John Amster leaves RPX, Marty Roberts takes over as interim CEO

    February 08, 2017

    RPX’s board says its CEO resigned as “a result of Mr Amster's request that the Board commence a process to sell the company in a going-private transaction”

  • The top PTAB petitioners, patent owners, law firms and attorneys in 2016

    February 08, 2017

    The top petitioners, patent owners, law firms and attorneys in Patent Trial and Appeal Board petitions filed in 2016 have been revealed from Docket Navigator data. Apple only just hung onto its top petitioner status

  • The high stakes in Sanofi’s appeal of Amgen’s rare permanent injunction win

    February 07, 2017

    (UPDATED FEBRUARY 8) Last month’s granting of an Amgen permanent injunction motion in its cholesterol drug patent dispute with Sanofi and Regeneron would “give another arrow in the quiver” of those seeking permanent injunctions in similar cases, if it is upheld on appeal

  • Managing IP North America Awards 2017 shortlists announced

    February 07, 2017

    The shortlists for this year’s Managing IP North America Awards have been announced. The outstanding intellectual property firms and individuals in the US and Canada will be chosen from these, and revealed at a dinner in Washington DC on March 23

  • January breaks monthly PTAB filing record

    February 07, 2017

    246 Patent Trial and Appeal Board petitions were filed in January, according to data taken from Docket Navigator. No month had broken 200 petitions before. In contrast, district court patent case filing slumped

  • Amgen-Sandoz analysis: Come patent dancing at the Supreme Court

    February 03, 2017

    Natalie Rahhal analyses the issues at stake when the US Supreme Court hears the biosimilars dispute between Sandoz and Amgen later this year

  • Managing IP Global Awards 2017 - shortlists announced!

    February 02, 2017

    Managing IP's annual Global Awards dinner will be held at The Savoy Hotel in London on March 9. Trophies will be presented to the firms of the year in Asia, Europe and Latin America and winners will be chosen from these shortlists

  • PTAB rules state sovereign immunity applies in IPR proceedings

    February 01, 2017

    The Patent Trial and Appeal Board has dismissed three inter partes review petitions filed by Covidien because the University of Florida Research Foundation is entitled to an Eleventh Amendment sovereign immunity defence

  • Two tales of innovation - a profile of Caimi Brevetti

    February 01, 2017

    Italian family company Caimi Brevetti recently won the first DesignEuropa award for small and emerging companies. James Nurton spoke to company director Franco Caimi about designs, patents and protecting innovative products

  • Associations call for Section 101 overhaul in comments to USPTO

    January 31, 2017

    PhRMA, ABA and AIPLA have submitted comments to the USPTO, and IPO has passed a resolution, all urging legislative changes to Section 101

  • Qualcomm comes under FRAND fire from FTC, Apple – analysis

    January 31, 2017

    Qualcomm is facing an FTC complaint alleging unfair methods of competition while Apple has sued it in the US and China. But observers question whether the FTC’s complaint can go the distance

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