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Patent Archive

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  • TC Heartland – initial reaction to “most significant patent law decision since Alice”

    May 26, 2017

    Filing in the Eastern District of Texas has ground to a halt, one judge has already factored it into an order and IP observers have been busy on social media debating its "seismic shift" – Managing IP collates the best reaction to the Supreme Court’s TC Heartland v Kraft ruling on patent venue

  • When client-adviser relationships go sour ...

    May 25, 2017

    The second part of our IP STARS research, based on a survey of 1,200 in-house practitioners, looks at what causes relationships to go wrong

  • SCOTUS to rule on PTAB partial institution practice in SAS Institute v Lee

    May 24, 2017

    The US Supreme Court may be set to end the Patent Trial and Appeal Board’s practice of instituting only some of the claims challenged in a petition and replace it with an “all or nothing” system, after granting cert in SAS Institute v Lee

  • The Top 250 Women in IP (2017)

    May 23, 2017

    Managing Intellectual Property IP STARS has published its annual list of the leading female IP practitioners in private practice

  • SCOTUS limits patent venue in Heartland ruling

    May 22, 2017

    Patent case filing will fall in the Eastern District of Texas following the Supreme Court’s ruling in TC Heartland v Kraft that residence of domestic corporations in §1400(b) refers only to the state of incorporation of the alleged infringer – the most important US patent decision since Alice

  • The Unitary Patent and UPC demystified (sponsored article)

    May 19, 2017

    The Unitary Patent is the biggest development in European patent law in 40 years. Justin Simpson of RWS inovia answers common questions about it

  • Hedge-fund-backed AVM “shot for the moon and missed” against Intel

    May 18, 2017

    A Delaware judge has denied AVM’s $2 billion patent infringement claim against Intel. But WilmerHale’s Bill Lee tells Managing IP Lee he expects more litigation funder-driven patent suits

  • Questions remain over UPC case management system

    May 18, 2017

    Patent practitioners will soon be using the UPC case management system. Despite two years of investment in building it, there are lots of questions about how it will work

  • Women in IP interview: Daralyn Durie

    May 17, 2017

    Durie Tangri co-founder Daralyn Durie is one of Silicon Valley’s most prominent patent trial lawyers. She talks to Natalie Rahhal about her career path and the unique challenges for a woman litigator

  • AIPLA releases Section 101 legislative proposal

    May 17, 2017

    The American Intellectual Property Law Association has revealed its long-awaited proposed amendment for subject matter eligibility. It follows similar proposals from IPO and ABA

  • ANDA patent litigation fell 32.5% in 2016

    May 11, 2017

    A report from Lex Machina reveals Hatch-Waxman/ANDA case filing dropped last year. It also ranks the busiest pharmaceutical companies and law firms for ANDA litigation

  • The Defend Trade Secrets Act: a year later

    May 11, 2017

    The Defend Trade Secrets Act has been in effect for a year, 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

  • Why the ITC is in vogue for pharma patent disputes

    May 09, 2017

    The number of pharma patent complaints at the International Trade Commission was up greatly last year. Natalie Rahhal analyses what is driving this and what benefits the ITC brings for pharmaceutical companies

  • Global trends in life science patent litigation

    May 05, 2017

    How do the outcomes of patents cases vary in different jurisdictions? Eric Sergheraert analyses the trends revealed in a study of decisions over 10 years

  • Hostile to foreign IP rights? The numbers tell a different story

    May 04, 2017

    Foreign IP owners should not be afraid of China. George Chan and Luna Lu explain why, using recent data

  • Utynam’s Heirs

    May 04, 2017

    Utynam was pleased to attend the 25th Annual Intellectual Property Law & Policy Conference at Fordham Law School in New York last month. Here are a few memorable moments

  • The “state of the art” in PAE litigation

    May 03, 2017

    A recent Intellectual Ventures lawsuit filed with a companion ITC complaint may be a sign of what is to come in patent assertion entity litigation, with one observer describing it as “a formidable new change”. The ITC has now instituted the investigation against car manufacturers and parts makers

  • PTAB round-up: April filing slumps to lowest level for a year

    May 03, 2017

    IPR filing so far in 2017 is up on last year, but CBM and PGR filing are both down. Michael Loney analyses Patent Trial and Appeal Board petition activity in April, and highlights a rare instance of the ITC taking notice of PTAB institution decisions

  • Federal Circuit issues important Helsinn on-sale bar ruling

    May 02, 2017

    In Helsinn v Teva, the Federal Circuit has ruled the America Invents Act did not change the meaning of “on sale” and the bar applies if the existence of the sale is public, even if the details of the invention are not publicly disclosed

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

    April 28, 2017

    Purdah delays UK ratification plans; Germany makes progress with ratification; Belgium consents to UPCA Protocol; and draft UPC Rules of Procedure published

  • People and firm moves in Europe (April 2017)

    April 28, 2017

    We round up news from Bristows, Cleveland Scott York, Dentons, Bryan Cave and Simmons & Simmons

  • Celebrating this year’s outstanding work in IP

    April 28, 2017

    Managing IP’s annual awards dinners were held in London and Washington DC in March. Find out more about the winners, and see photos from both events, on the following pages

  • North America Awards

    April 28, 2017

    Find out who were the winners of the 2017 Managing IP Awards for the United States and Canada

  • Software in the wake of Alice: intended target or inadvertent casualty?

    April 28, 2017

    Myungjin Ro and Neil Davey review the impact of the US Supreme Court decision in Alice v CLS on software patenting, and analyse which courts seem to favour software patent holders and which courts appear to be harsher

  • The patent dance takes the US Supreme Court floor in Sandoz v Amgen oral arguments

    April 27, 2017

    Natalie Rahhal analyses oral arguments at the Supreme Court in the Sandoz and Amgen patent dispute over the Biosimilar Price Competition and Innovation Act

  • Latest moves in Asia (April 2017)

    April 27, 2017

    Managing IP rounds up recent moves from DLA Piper, Anaqua, Bird & Bird and Beijing East IP

  • Arkansas jury orders Wal-Mart to pay $12.4m trade secret damages

    April 27, 2017

    Cuker Interactive has won a trade secret dispute stemming from a consulting agreement under which Cuker agreed to help modernise the e-commerce website for Asda Stores, Wal-Mart’s business in the UK

  • Women in IP Interview: Marla Grossman

    April 25, 2017

    American Continental Group’s Marla Grossman has recently been involved in legislative efforts to overhaul Section 101 and make the selection of the copyright register more efficient. She tells Natalie Rahhal about her career path to being an IP influencer

  • Delaware jury awards $50m in recycled glass patent dispute

    April 25, 2017

    A jury in the District of Delaware has found Ardagh Glass infringed a Green Mountain Glass patent covering a type of recycled glass, and awarded $50.3m

  • 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 Q1 rankings: 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

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