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Patent Archive

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  • China proposes pharmaceutical patent linkage scheme

    July 24, 2017

    The China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio

  • The practical significance of Eli Lilly v Actavis

    July 24, 2017

    UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also introduced a general doctrine of prosecution history estoppel. Kingsley Egbuonu analyses the decision and its impact on law and practice in the UK

  • Validiity of essential patent for white LED confirmed

    July 21, 2017

    Takanori Abe reviews the litigation in Germany over Nichia's patent for a white LED

  • Interim USPTO director Matal makes predictions on Oil States, TC Heartland and reform

    July 21, 2017

    In an open and wide-ranging speech at the Patents for Financial Services Summit in New York, interim USPTO director Joseph Matal predicted “we are going to win” the Oil States case, TC Heartland “is not going to put the venue issue to bed” and “there will be further patent reform legislation in the coming Congress”

  • House Judiciary Committee members call Judge Gilstrap “reprehensible”

    July 17, 2017

    US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”

  • Predicting Aqua Products, evolving estoppel, expert testimony strategies – PTAB issues to watch

    July 17, 2017

    The discussions at Managing IP’s recent PTAB Forum 2017 provided some clues about the biggest issues on PTAB practitioners’ minds, including estoppel, handling remands, expert testimony strategies and predictions for two pending Federal Circuit en banc opinions

  • IP arbitration amendment bill passed in Hong Kong but hurdles remain

    July 14, 2017

    The Hong Kong government has passed amendments to the territory’s arbitration ordinance to clarify that IP rights can be the subject of arbitration

  • Patents and secrets in the chemical industry

    July 14, 2017

    Deciding whether to keep proprietary information secret or apply for a patent is a key commercial decision. Leythem Wall and Katherine Banks weigh up the options, focusing on inventions in the chemical industry

  • Michigan court awards Stryker enhanced damages after Supreme Court remand

    July 14, 2017

    A Western District of Michigan judge has reaffirmed his award of triple damages in Stryker v Zimmer after the Supreme Court changed the test for wilful infringement last year. The total award is $248.7 million

  • The latest people moves in the US

    July 13, 2017

    Managing IP’s regular update of people moves includes the latest on the new firm being established by Ropes & Gray partners, and hires by Morrison & Foerster, Crowell & Moring, BakerHostetler, Dorsey & Whitney, Steptoe & Johnson, Wolf Greenfield, McAndrews Held & Malloy and Foley & Lardner

  • Broken promise doctrine in Canada poses questions for courts

    July 13, 2017

    The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved

  • Dow’s record-setting Canada patent damages award explained

    July 12, 2017

    The C$645m awarded to Dow has dwarfed the previous highest Canadian patent award to Merck. The high figure is a result of the flexible and unique nature of monetary remedies in Canada

  • Doctrine of equivalents allowed in the UK

    July 12, 2017

    The UK Supreme Court has ruled that a patentee can argue that the scope of protection afforded by its patent extends beyond the ambit of the claims. In its ruling in Eli Lilly v Actavis, the Court also provided guidance on when reference to EPO prosecution file would be appropriate in interpreting a patent in infringement cases

  • Captain Morgan trade mark win, Teva section 8 damages, Health Canada misfeasance – some Canadian IP cases you may have missed

    July 10, 2017

    Canada has had two blockbuster Supreme Court decisions and a record patent damages award in the past month. But there have been other recent IP cases of interest, including a rum trade mark dispute, the reinstatement of Teva's C$125m section 8 damages and a finding of misfeasance in processing Apotex’s Apo-Trazodone drug submission

  • Record half for PTAB filing ends with 206 petitions in June

    July 07, 2017

    PTAB data and round-up: June was the second-busiest month of 2017 for Patent Trial and Appeal Board petition filing, with Halliburton Energy Services the top petitioner. The Federal Circuit issued interesting decisions on estoppel and APA requirements, while the Supreme Court Oil States case is already having an impact

  • Data – analysing TC Heartland’s impact on US patent litigation

    July 06, 2017

    Patent lawsuit filing in US district courts held up in June but plaintiffs have deserted the Eastern District of Texas, with Delaware the top venue. Natalie Rahhal analyses how US patent litigation has changed since TC Heartland, including how NPEs have responded

  • Life science strategies in the US

    July 06, 2017

    At Managing IP’s European Life Sciences Forum, Finnegan’s Jennifer Roscetti and Erin Sommers covered issues of patent eligibility in the US and tips for IPR proceedings

  • European Life Sciences Forum 2017 - key takeaways

    July 06, 2017

    Brexit, the UPC, second medical use patents, biologics and digital health were all on the agenda at Managing IP's first European Life Sciences Forum in London

  • Dow wins Canada’s largest ever reported patent infringement award

    July 06, 2017

    The Federal Court of Canada has awarded Dow more than C$645 million including prejudgment interest for Nova Chemicals infringing a patent covering polymers

  • Gilstrap sets four-factor test for Eastern District of Texas patent venue

    July 05, 2017

    In response to motions to dismiss or transfer cases based on improper venue, Judge Gilstrap of the Eastern District of Texas has laid out four factors for determining “regular and established place of business” – physical presence, defendant’s representations, benefits received and targeted interactions with the district

  • Supreme Court of Canada rejects “unsound” promise doctrine

    June 30, 2017

    In the eagerly-awaited AstraZeneca Canada v Apotex ruling, Canada’s Supreme Court has struck down the “promise doctrine” and clarified the requirement for patent utility

  • Interview: Deanna Wong, partner, Hogan Lovells

    June 30, 2017

    Deanna Wong is partner at Hogan Lovells' Beijing office and an IP practitioner with 20 years of experience in China and Hong Kong. As part of the Women in IP series, she speaks to Alice O’Donkor about the progress of IP enforcement in China, the plight of foreign brand owners and work-life balance.

  • Unitary Patent and UPC: A progress report (June 2017)

    June 30, 2017

    Legal challenge delays Germany’s UPC Agreement ratification progress; UK government resumes ratification procedure; new start date for the UPC; IP Federation seeks clarity over the case management system; and the latest UPC-related articles on managingip.com include how indirect infringement will be interpreted

  • PTAB grants Schaeffler's motion to amend claims

    June 29, 2017

    The Patent Trial and Appeal Board has issued a rare granted motion to amend in Valeo North America v Schaeffler Tech, suggesting the Board is willing to consider well-crafted substitute claims

  • Analysis: STRONGER Patents Act would “gut” the PTAB

    June 29, 2017

    The STRONGER Patents Act would mean a weaker PTAB. The bill has received support from pro-patent groups but its critics say it “contains many terrible ideas” and “would for all practical purposes end AIA trial proceedings”

  • Analysis: Kyle Bass ends his PTAB campaign with a win

    June 28, 2017

    This month saw the PTAB issue the final decision on a Kyle Bass inter partes review. Michael Loney asks whether that’s the last we’ll see of Bass at the Board and analyses the legacy of his campaign against pharmaceutical patents

  • Ropes & Gray spin-off patent firm to be called Haley Guiliano

    June 28, 2017

    James Haley is to join the new law firm created as part of Ropes & Gray’s restructure of its IP rights management practice

  • Recent interviews on managingip.com

    June 23, 2017

    Visit the website to read all our latest in-depth interviews with judges, in-house counsel, IP office heads and association leaders. Here’s a selection of people we’ve spoken to recently

  • Eastern District suffers Heartland attack

    June 23, 2017

    The Supreme Court’s TC Heartland v Kraft decision has been hailed as the death knell for the Eastern District of Texas, with one analysis predicting a 69% drop in filing there. But, as Natalie Rahhal reports, the picture may be more nuanced than that

  • Court provides SEP guidance in China

    June 23, 2017

    The Beijing IP Court has issued a landmark judgment in a SEP dispute between IWNCOMM and Sony. Guanyang Yao analyses the key points

  • New opportunities for protecting and managing your data

    June 23, 2017

    The future will increasingly be dominated by big data. But, asks Afzana Anwer, what role will IP rights play in enabling and limiting this?

  • The Defend Trade Secrets Act: a year later

    June 23, 2017

    The Defend Trade Secrets Act turned one in May, with more than 300 complaints filed in that time. James Pooley looks back on how the law has performed and analyses which issues need to be clarified

  • What every corporate counsel should know about Germany’s EIL

    June 23, 2017

    Who really owns your intellectual property? Wherever in the world you are based, do not risk ignoring Germany’s Employee Invention Law, warn Matthias Weiden and Matthias Bornhäusser

  • Contributory infringement in Europe – before and after the UPC (sponsored)

    June 23, 2017

    Karolina Wiktorson and Benjamin Hoffmann of Valea review cases relating to the question of contributory infringement, and ask whether the outcome of these may change once the UPC Agreement comes into force

  • Utynam's Heirs

    June 23, 2017

  • Is an injunction available in biosimilar cases under state law?

    June 23, 2017

    The US Supreme Court in Sandoz v Amgen remanded the question of whether an injunction is available to Amgen under state unfair competition laws. Natalie Rahhal analyses how the Federal Circuit may rule

  • STRONGER Patent Act introduced in US Senate to reform PTAB

    June 22, 2017

    The STRONGER Patent Act would reform the Patent Trial and Appeal Board and address “the continual weakening of patent rights by the courts”, according to sponsors Senators Coons, Cotton, Durbin and Hirono

  • Interview: Prudence Jahja, partner, Januar Jahja & Partners

    June 21, 2017

    In our latest Women in IP interview, Indonesian IP partner Prudence Jahja speaks to Alice O’Donkor about her tips for success and typical challenges faced by IP practitioners in Indonesia and how to overcome them.

  • Interview: Inside Impression Products’ win at the Supreme Court

    June 19, 2017

    The US Supreme Court’s recent Impression Products v Lexmark ruling made clear a product sale exhausts patent rights regardless of restrictions or location of sale. Michael Loney talks to Mayer Brown’s Andrew Pincus about how he won the case for Impression Products and what its impact will be

  • The Qatar-Gulf row: what it means for IP

    June 16, 2017

    IP lawyers from the Middle East speak to Managing IP on the recent row between Qatar and the other members of the Gulf Cooperation Council (GCC)

  • Europe Women in Business Law Awards: 2017 winners

    June 16, 2017

    The seventh annual Europe Women in Business Law Awards celebrated individuals and firms at a ceremony in London

  • Analysis – future of the PTAB on the line in Oil States case

    June 15, 2017

    The US Supreme Court would create a mess that would need Congressional action were it to find inter partes reviews unconstitutional in the Oil States case. But a reversal of the Federal Circuit in this case is less likely than in other patent cases the court has taken on recently

  • What will become of patent reform legislation post-TC Heartland?

    June 14, 2017

    The TC Heartland decision has overhauled patent venue in the US but it does not mean that efforts in Congress to address venue through legislation are dead. Politicians in the House Judiciary Committee this week, as well as some patent practitioners, believe TC Heartland was only a step in the right direction

  • IP in Asia Forum 2017 - reports from Washington DC and Palo Alto

    June 14, 2017

    Managing IP's annual IP in Asia Forums, focusing on developments in China, Japan and Korea, were held in Washington DC and Palo Alto on June 6 and 8

  • China's victims of IP infringement

    June 14, 2017

    China is viewed by many IP rights owners as the source of counterfeits. But, as Shaun Tan reports, Chinese companies are also victims of IP infringement

  • Germany's UPC Agreement ratification progress put on hold

    June 13, 2017

    The Office of the Federal President has agreed to hold off signing the approved laws necessary for the ratification of the UPC Agreement until a court case has been decided

  • SCOTUS rules biosimilar applicants can provide notice before FDA approval

    June 12, 2017

    The Supreme Court in the Sandoz v Amgen biosimilar case has ruled that an injunction is not available under federal law and an applicant may provide notice before obtaining a licence from the FDA. The ruling is a win for Sandoz, but the case was remanded for the Federal Circuit to rule on whether an injunction is still available under state law

  • US Supreme Court to rule on constitutionality of AIA trials

    June 12, 2017

    The Supreme Court has granted cert to Oil States Energy Services v Green’s Energy Group to assess whether inter partes review violates the Constitution by not providing a jury trial. It is the third PTAB case the court will hear

  • Generic company IPR study reveals “surprisingly high” institution rate

    June 12, 2017

    A Foley & Lardner study of generic drug company IPRs against pharmaceutical patents shows an increased willingness to use the PTAB, an above-average institution rate but below-average invalidation rate

  • Interview: Joan Mill of CPA Global on IP and technology

    June 08, 2017

    For our latest Women in IP interview, James Nurton talks to Joan Mill, head of sales for EMEA at CPA Global, about AI, ambition and athletics

  • Brazil’s new process for examining pharma patents faces scepticism

    June 07, 2017

    A new procedure for approving pharmaceutical patents in Brazil comes into effect on June 12 with the aim of ending the arduous double examination by the BPTO and Anvisa. Uncertainties such as whether the national health agency will be happy to be overruled by BPTO will need to be resolved to overcome doubts, however

  • Michelle Lee resigns as USPTO director

    June 07, 2017

    USPTO director Michelle Lee has resigned, with no explanation given. USPTO associate solicitor Joseph Matal has taken over her duties

  • Predicting the future for the Eastern District of Texas after TC Heartland

    June 06, 2017

    The Supreme Court’s TC Heartland v Kraft decision has been hailed as the death knell for the Eastern District of Texas, with one analysis predicting a 69% drop in filing there. But, as Natalie Rahhal reports, the picture may be more nuanced than that. The cases filed in the Eastern District since the ruling and judges’ orders on motions to transfer venue provide some clues about what to expect

  • ITC judge recommends Garmin pay $37m penalty for violating C&D orders

    June 06, 2017

    An International Trade Commission judge has recommended Garmin pay a $37m penalty for importation and sale of products featuring scanning sonar technology, which complainant Navico believes is the “largest ever” ITC recommended fine

  • PTAB round-up: Record PGR filing in May, second sovereign immunity dismissal

    June 05, 2017

    Patent Trial and Appeal Board filing in May was below average for the year, but included a record amount of PGR petitions. The month was also notable for the Supreme Court taking on a PTAB case and the Board dismissing an IPR against a state entity on sovereign immunity grounds for the second time

  • The UK General Election and IP rights

    June 02, 2017

    On June 8, the UK will vote on who becomes the next government. What are the parties’ policies on issues affecting IP rights? Alice O’Donkor reviews what the manifestoes say about creativity, investment and growth in IP

  • Interview: Revamping INPI in Argentina

    June 01, 2017

    Dámaso Pardo has been running Argentina’s patent and trademark office for almost a year. As he told Michael Loney, he has established a strategic plan with three main goals

  • US Supreme Court overturns Federal Circuit patent exhaustion stance in Impression v Lexmark

    May 31, 2017

    The US Supreme Court has ruled that patents rights in a product are exhausted after sale in the US or internationally, in a decision that included some strongly-worded pushback of the Federal Circuit. Pharmaceutical companies could be particularly affected because of their downstream licensing models

  • Dangerous inventions in China

    May 31, 2017

    China’s long had a reputation for having some unusual patent rules. There’s the aversion to business method patents, for one. There’s the unexamined utility design patents, for another

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