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Patent Archive

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  • The latest people moves in the US

    April 19, 2017

    Managing IP’s regular review of the latest moves and appointments in the US includes hires by Oblon, Schiff Hardin, Covington & Burling, and Goodwin Procter, as well as the latest on the USPTO leadership

  • A catch-up with Mark Whitaker, MoFo partner and AIPLA president

    April 18, 2017

    Morrison & Foerster partner Mark Whitaker is in the middle of a busy term as president of the American Intellectual Property Law Association. He talks to Michael Loney about legislative fixes to patent venue and Section 101, what changes to the PTAB he would like, how responsive to IP the Trump administration will be, and the outlook for the International Trade Commission

  • Is the final act over for the Bard-Gore patent drama?

    April 17, 2017

    A case with origins in a patent application filed more than 40 years ago may finally have concluded. Natalie Rahhal analyses the twists and turns in the Bard and WL Gore dispute, including a jury verdict in March

  • Qualcomm hits back at Apple in patent licensing dispute, loses $815m BlackBerry arbitration

    April 15, 2017

    Qualcomm had a busy week: first, filing a counterclaim against Apple in the licensing dispute between the two companies and, then, being hit with a binding interim arbitration award requiring it to refund $814.9m to BlackBerry related to royalties

  • PTAB insights from our recent US Patent Forums

    April 14, 2017

    Speakers discussed PTAB issues of interest and other hot topics at Managing IP’s US Patent Forums, including estoppel, a reawakening of APA issues at the Federal Circuit, the upcoming en banc rehearing of Wifi One v Broadcom, stay success rates, best strategies for using experts before the Board, and life sciences’ better survival rate in final written decisions

  • The four biggest changes from the FDA rule to clarify Hatch-Waxman procedures

    April 13, 2017

    The FDA’s “Abbreviated New Drug Applications and 505(b)(2) Applications” final rule was issued in October last year. It is long and mostly codifies standard practices, but Natalie Rahhal picks out a few changes that could have a bigger effect on Hatch-Waxman practitioners

  • How to enforce an ITC exclusion order

    April 13, 2017

    Speakers on an International Trade Commission panel at Managing IP’s US Patent Forum analysed recent notable cases such as February’s Organik Kimya Federal Circuit decision and gave best practices on enforcing an exclusion order

  • Data: Q1 US patent litigation – district court filing lagging previous years

    April 12, 2017

    First-quarter patent infringement lawsuit filing in US courts was essentially the same as 2016’s first quarter. Natalie Rahhal analyses the figures and reveals the top plaintiffs, defendants and law firms so far this year and for the whole of 2016

  • The grey areas of trade secrets cases under the DTSA

    April 12, 2017

    More than 300 cases have been filed so far involving Defend Trade Secret Act claims, but only two ex parte seizure orders have been granted. Areas of the DTSA where uncertainty still exists include hacking, cloud-based activities and employee access

  • PTAB round-up: 190 petitions in March round out record quarter

    April 11, 2017

    Patent Trial and Appeal Board petition filing in the first three months of 2017 was the largest quarterly filing figure ever. Michael Loney reveals the top petitioners, patent owners and law firms and analyses recent Federal Circuit and Board decisions of note

  • PTAB urged to designate more precedential decisions

    April 11, 2017

    Speakers at a recent Managing IP event called for the PTAB to give more precedential opinions to reduce inconsistencies between different panels, and identified gaps that the Board should address

  • Can US patent applicants go art unit shopping to avoid 101 rejections?

    April 10, 2017

    Speakers at a recent Managing IP event suggested US patents can be drafted to direct them into an art unit that will minimise the risks of 101 rejections. The lessons from Enfish and MCRo were also discussed

  • PTAB judges shed light on pet peeves and give tips for practitioners

    April 10, 2017

    At recent Managing IP events, PTAB judges discussed what practitioners do wrong during proceedings and shared tips for expert declarations, oral arguments and motions to amend. It was also revealed the Board has set a goal of dealing with remands within six months

  • USPTO announces PTAB procedural reform initiative

    April 07, 2017

    USPTO announces initiative to examine Patent Trial and Appeal Board procedures including those relating to multiple petitions, motions to amend, claim construction and decisions to institute

  • The Unwired Planet FRAND judgment: 7 key talking points

    April 06, 2017

    Mr Justice Birss handed down his judgment in the standard-essential patent (SEP) dispute between Unwired Planet and Huawei on April 5. Managing IP asked patent practitioners why the ruling is significant

  • ABA proposes Section 101 amendment, AIPLA proposal to come

    April 05, 2017

    The ABA has proposed an amendment to Section 101, which follows an IPO subject matter eligibility proposal in January. The president of AIPLA has told Managing IP his association’s board will likely approve a 101 proposal within the next six weeks

  • PTAB grants Shire’s motion to amend

    April 05, 2017

    The Patent Trial and Appeal Board has allowed Shire to cancel all claims instituted for inter partes review except for one multiple dependent claim that was amended to depend on only non-instituted claims

  • Judge sets royalty rates and threatens injunction in Unwired Planet case

    April 05, 2017

    Unwired Planet did not abuse its dominant position by seeking to enforce standard-essential patents against Huawei, and is entitled to damages and possibly an injunction, Mr Justice Birss of the UK Patents Court has ruled

  • May triggers Article 50 and White Paper published - Brexit latest

    March 31, 2017

    Information on the UK's divorce from the EU, and what that means for IP rights, is becoming clearer, but many questions remain. Managing IP reports on the latest developments, offers pointers for IP practitioners and provides links to useful resources

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

    March 31, 2017

    UK on course to ratify the UPC Agreement despite triggering Article 50, Germany’s ratification process progressing smoothly, UPC Preparatory Committee concludes work, UK Parliament starts discussions on the Great Repeal Bill, European Parliament and Council propose guidelines to Brexit negotiations which would have an impact on IP

  • How the CJEU has interpreted “protected” in the SPC Regulation

    March 31, 2017

    What does “protected” by a patent mean? Brian Cordery and Steven Willis look at how the CJEU has approached Article 3(a) of the SPC Regulation

  • UK on course to ratify UPC Agreement

    March 30, 2017

    A UK IPO statement has confirmed that preparations "remain fully on track" and given more detail on when the last few legislative steps should be expected. This comes a day after Prime Minister Theresa May triggered Article 50 to commence Brexit

  • US Supreme Court revisits patent venue in TC Heartland v Kraft arguments

    March 29, 2017

    Questions from some Supreme Court justices in oral arguments in TC Heartland v Kraft suggested a desire to overturn the Federal Circuit on patent venue. Natalie Rahhal analyses the issues discussed and likely outcomes of the case

  • Impression v Lexmark arguments analysis: When are patent rights exhausted?

    March 28, 2017

    The Supreme Court oral arguments in Impression Products v Lexmark International addressed whether a sale of a patented article outside the US exhausts the US patent rights in that article. Observers believe the court’s Kirtsaeng ruling and the recent SCA Hygiene ruling could influence the outcome

  • 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

  • The ethics of patenting genes and animals

    March 23, 2017

    The patenting of living organisms remains controversial, despite decades of debate. Sirena Rubinoff provides a guide to the arguments

  • 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

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