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Patent Archive

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  • How the EPO is tackling its backlog

    September 21, 2016

    The European Patent Office expects to register about 90,000 patents this year, its President Benoît Battistelli said in a keynote address at the AIPPI World Congress

  • Judges weigh in on expert evidence around the world

    September 21, 2016

    The issues of expert evidence and what role it plays in IP cases was debated by a panel of judges at the AIPPI World Congress

  • Keep calm and be prepared for Brexit

    September 21, 2016

    The room for a discussion on the implications of Brexit at the AIPPI World Congress was packed

  • Meet AIPPI’s first Chinese President

    September 21, 2016

    New AIPPI President Hao Ma talks about his plans for the next two years

  • WIPO's Gurry outlines five challenges

    September 21, 2016

    WIPO’s Director General Francis identified a number of challenges for the IP ­system in a speech at the AIPPI World Congress

  • From OHIM to EUIPO

    September 20, 2016

    The great changes at EUIPO will continue with further reforms coming into force next year, including the abolition of the “graphical representation” requirement for EUTMs. Luis Berenguer, Head of the Communication Service of EUIPO, discusses the changes in an interview

  • Juries award damages against Apple, LG in Eastern District of Texas

    September 20, 2016

    In two patent cases in the Eastern District of Texas last week, an Acacia subsidiary was awarded $22m and Conversant Intellectual Property Management was awarded $2m

  • PTAB 4 Years In: Biotech/pharma’s share of AIA trials increases

    September 16, 2016

    Biotechnology/pharmaceutical companies were slow to use the Patent Trial and Appeal Board. This is now changing, though this patent type has lower institution and invalidation rates

  • PTAB Bar Association launches

    September 16, 2016

    A bar association solely dedicated to the Patent Trial and Appeal Board has been formed by more than 45 law firms

  • Interview: Chief Judge David Ruschke leads the PTAB into new phase

    September 16, 2016

    The Patent Trial and Appeal Board’s chief judge believes his biggest challenge is taking the Board into a new introspective phase. He talks to Michael Loney about rule changes, PGRs’ potential, Cuozzo, motions to amend and ditching the death squad reputation

  • PTAB 4 Years In: Federal Circuit appeal statistics and unresolved issues

    September 16, 2016

    The Federal Circuit has issued more than 100 decisions on PTAB appeals. But practitioners report many issues remain unsolved, one of which is whether the appeals court can cope with the caseload

  • Federal Circuit rules on Stryker v Zimmer on remand from Supreme Court

    September 14, 2016

    The Federal Circuit has affirmed the jury’s finding of wilful infringement but vacated and remanded the district court’s award of treble damages, in its Stryker v Zimmer decision

  • Lee defends USPTO against accusations of examiners billing unworked hours

    September 14, 2016

    Michelle Lee has testified before a House of Representatives committee amid accusations of USPTO examiners claiming unsupported hours. Managing IP spoke to POPA and patent practitioners to put the problem into perspective

  • Federal Circuit rules software patents valid in McRO v Bandai Namco

    September 14, 2016

    The Federal Circuit has provided guidance on Section 101 while finding software patents valid for only the fourth time since Alice v CLS

  • Euromoney Legal Media Group Asia Women in Business Law Awards 2016: Shortlist announced

    September 13, 2016

  • European Patent Reform Forums in Munich and Paris – the highlights

    September 13, 2016

    Brexit, the UPC and Unitary Patent were strongly in focus at the recent Managing IP European Patent Reform Forums, along with dedicated sessions on IT, TMT, pharma and dispute resolution

  • PTAB 4 Years In: Hedge funds and reverse patent trolls

    September 09, 2016

    A big story last year was the emergence of hedge funds and other entities using the Patent Trial and Appeal Board. While Kyle Bass is seeing his IPRs through to final decision, other entities are acting as reverse patent trolls, a phenomenon that is predicted to gather pace

  • PTAB 4 Years In: Don’t Estop Me Now

    September 09, 2016

    The Federal Circuit this year has provided some guidance on how district courts should treat estoppel from Patent Trial and Appeal Board trials. This has made defendants less terrified about estoppel but many questions remain. Practitioners are also concerned about how confidential material is treated in district courts and the Board

  • General Court upholds Lundbeck pay-for-delay fine

    September 09, 2016

    Fines of nearly €150 million imposed on pharmaceutical company Lundbeck and a number of generic rivals by the European Commission have been upheld by the EU General Court. The Court's decisions are the first to find that pay-for-delay agreements breach EU antitrust rules

  • PTAB filing falls in August but higher than 2016 average

    September 07, 2016

    The number of Patent Trial and Appeal Board petitions filed in August was slightly above 2016 average. The month also saw notable Federal Circuit decisions on common sense, motions to amend and claim construction

  • EPO President Battistelli on appeals reforms

    September 06, 2016

    At its recent meeting, the EPO Administrative Council approved major changes to the Boards of Appeal. Managing IP asked EPO President Benoît Battistelli about the reforms

  • IP Stars 2017 research now underway

    September 05, 2016

    Research for the 2017 edition of IP Stars, Managing IP’s legal directory, starts today. Kingsley Egbuonu and Jennifer Ruther highlight some of the things you need to know and why IP firms and practitioners worldwide should participate by making a submission

  • Samsung ordered to pay treble damages in first TXED post-Halo decision

    September 02, 2016

    A jury award to Imperium IP of $6.9 million has been trebled to $20.9 million by an Eastern District of Texas judge

  • PTAB 4 Years In: Is the Board too hard on motions to amend?

    September 01, 2016

    The Federal Circuit will soon consider en banc the Patent Trial and Appeal Board’s amendment practice. But, asks Michael Loney, is the 5% success rate of motions to amend unfair on patent owners?

  • Global IP & Innovation Summit, Shanghai - Day 2 updates

    September 01, 2016

    Litigation in China, Brexit, online platforms and trade secrets are among the topics on the agenda in Shanghai. Stephy Tang and James Nurton report

  • PTAB 4 Years In: Rule changes – a declaration of intent

    August 31, 2016

    Rule changes at the Patent Trial and Appeal Board became effective in May. But practitioners tell Michael Loney they are struggling to see their impact. Some also call for the Board to go over its 12-month deadline for final written decisions in extraordinary circumstances

  • PTAB “arbitrary and capricious” in denying motion to amend – CAFC

    August 31, 2016

    The Federal Circuit has remanded the Veritas v Veeam Software case back to the Patent Trial and Appeal Board, finding its reason for denying a motion to amend “unreasonable”

  • Unitary Patent and UPC: A progress report (August 2016)

    August 31, 2016

    UK IPO speaks out on UK’s involvement in the UPC and Unitary Patent system; UK patent attorney body CIPA prefers UK in the system; experts to discuss the latest on the UPC and post-Brexit patent strategies at MIP European Patent Forums in September.

  • Global IP & Innovation Summit - live updates

    August 31, 2016

    James Nurton and Stephy Tang bring updates from Managing IP's annual summit in Shanghai

  • Andrews Kurth adds remaining 55 Kenyon lawyers, and other US people moves

    August 29, 2016

    Managing IP’s regular review of the latest appointments, including Andrews Kurth taking on Kenyon & Kenyon's lawyers and hires at Hunton & Williams, Kilpatrick Townsend & Stockton, Merchant & Gould, Gibson Dunn & Crutcher and Baker Botts

  • PTAB 4 Years In: If you let me stay – district court and ITC trends

    August 25, 2016

    Data provided by LegalMetric reveals that stay motion success rate has stayed constant nationwide but some big shifts have occurred at district level. Michael Loney analyses the strategy for seeking a stay as well as two recent interesting ITC decisions involving PTAB proceedings

  • PTAB 4 Years In: An inconsistent CBM clampdown

    August 25, 2016

    The Patent Trial and Appeal Board has narrowed its definition of what constitutes a covered business method, causing a fall in filing, but the treatment varies by panel. The Federal Circuit may provide more clarity in its upcoming Unwired Planet v Google opinion, practitioners tell Michael Loney

  • ITC latest: Third 100-day decision issued, Fitbit trade secrets win

    August 24, 2016

    In a first for its 100-day pilot programme, the ITC has invalidated a patent involved in a $100m iPod-related settlement a decade ago. In a separate ruling, the Commission has ruled that Fitbit did not misappropriate Jawbone’s trade secrets

  • The Mad Men of IP

    August 24, 2016

    In the early 1960s, patent practice was quiet and inventors often faced a hostile environment. But then, like now, new technologies were emerging to reshape business and the economy. Across North America, innovative lawyers set up boutique firms that would transform the market, many of which still exist today. Fifty years on, Jakob Schnaidt tells their story

  • Utynam’s Heirs

    August 24, 2016

    Our columnist Utynam has been inspired by the recent Olympic Games in Rio de Janeiro to seek out sport-related IP news

  • PTAB chief judge Ruschke hails impact of expert declaration rule change

    August 23, 2016

    In a call with reporters, the Patent Trial and Appeal Board chief judge said the number of judges now is enough, praised the impact of submitting expert declarations with preliminary responses, and said the Board was open to going beyond the 12-month statutory deadline for issuing final written decisions

  • 2016 GII identifies emerging economies and need for cross-border collaboration

    August 18, 2016

    With a focus on global innovation, the ninth edition of WIPO’s Global Innovation Index sees China join a list of 25 leading economies and the promotion of emerging economies including India

  • PTAB 4 Years In: PGRs ready for primetime

    August 18, 2016

    Post-grant review petition filing this year is already higher than the whole of 2015, with biopharma companies leading the way. Michael Loney analyses PGRs’ appeal and what strategies filers should consider

  • PTAB 4 Years In: A “new norm” for petition filing

    August 18, 2016

    Patent Trial and Appeal Board filing so far this year is down on 2015. Michael Loney speaks to PTAB practitioners to ask what is driving this and whether the downward trend will continue

  • Halo – is it clarity you’re looking for?

    August 17, 2016

    Federal Circuit and district court rulings since the Supreme Court’s Halo decision have made it clear a jury finding alone is enough for a judgment of willfulness. But an enhanced damages determination should ultimately be made by the judge weighing factors yet to be clarified. Natalie Rahhal analyses post-Halo trends

  • Federal Circuit grants en banc review of PTAB amendment practices

    August 16, 2016

    The Federal Circuit has agreed to rehear en banc two issues relating to Patent Trial and Appeal Board amendment practices in the In re Aqua Products case

  • PTAB’s use of common sense reversed in Arendi v Apple

    August 16, 2016

    The Federal Circuit has issued a rare reversal of the Patent Trial and Appeal Board, ruling the use of common sense was misapplied in Arendi v Apple

  • AbbVie v Amgen: Is the “patent dance” fair for both sides?

    August 16, 2016

    Abbvie suing Amgen over its efforts to launch a Humira biosimilar is the first instance of parties not agreeing on which patents to be litigated under the BPCIA. The case poses the question of whether the patent dance strikes the right balance between parties

  • The Samsung v Apple briefs are in

    August 10, 2016

    Ahead of a showdown over design patents at the Supreme Court in October, Samsung has received more support from US technology companies whereas Apple has received the backing of non-tech companies, high-profile designers and intellectual property associations

  • Federal Circuit rules in Halo on remand from Supreme Court

    August 10, 2016

    The Federal Circuit directs district court to decide whether "an enhancement of the damages award is warranted" in Halo v Pulse

  • Sterne Kessler first law firm to 500 PTAB proceedings

    August 04, 2016

    Sterne Kessler has become the first law firm to handle more than 500 AIA proceedings, with a particularly strong showing representing defendants. Fish & Richardson is the top law firm for challengers at the PTAB, breaking the 300 petition mark

  • US patent litigation update: July filing down 11%

    August 04, 2016

    Data: 407 cases were filed in US district courts in July, with two new plaintiffs leading the way and entities such as Shipping and Transit, Uniloc, Sportbrain and Guyzar adding to their 2016 totals

  • The PTAB, pharmaceutical patents and reverse payments

    August 03, 2016

    The authors of a new white paper believe that almost 75% of pharmaceutical patent settlements at the Patent Trial and Appeal Board meet the criterion for inferring a strong likelihood of reverse payment settlement. The paper also suggests a rule to deter attempts to exploit the Board as a holdup device as well as discussing reverse patent trolls

  • July CBM petition filing slumps to lowest level since February 2013

    August 03, 2016

    PTAB Monthly Data and Analysis: July was the second-busiest month of 2016 for petition filing, but covered business method petitions fell to the lowest level since February 2013. Recent decisions from the Board include cancelling claims on a patent that had been used to sue more than 250 defendants

  • Brexit and IP: The UK IPO’s views

    August 03, 2016

    The UK Intellectual Property Office has confirmed the legal status of three EU-related IP rights in effect in the UK and the government’s next steps for these rights ahead of Brexit. It remains unknown if the UK will ratify the UPC Agreement

  • PTAB’s third PGR decision invalidates container delivery patent

    August 03, 2016

    The PTAB has ruled that Boxbee’s storage container tracking patent is invalid under Alice, in its third final written decision of a post-grant review petition

  • Limelight and Akamai convert $51m damages award into licence

    August 02, 2016

    The content delivery network companies have settled their decade-long dispute over a patent that was the focus of a Supreme Court ruling. A district court jury confirmed Limelight infringed the patent this June, with Akamai awarded $51 million damages

  • Judge vacates VirnetX’s $626m damages award in Apple case

    August 01, 2016

    Apple has had a good few days for patent news: the $626m in damages it was ordered to pay VirnetX has been vacated by an Eastern District of Texas judge, and the Federal Circuit has affirmed two district court rulings of non-infringement in cases involving Wi-LAN and GPNE

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