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Patent Archive

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  • 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

  • Making sense of US patent litigation in 2016’s first half

    July 29, 2016

    Data and Analysis: Managing IP ranks the top plaintiffs, defendants and law firms in US district court litigation in the first half of 2016, using the Docket Navigator database. One finding is that the proportion of cases filed in the Eastern District of Texas is down, with a drop in NPE suits. But some new plaintiffs emerged during the second quarter

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

    July 29, 2016

    Protocol on Privileges and Immunities of the UPC signed; IP community puts pressure on the UK government; Preparatory Committee and Select Committee to continue with final preparations

  • Unified Patents files PTAB challenges to 2016’s three busiest NPEs

    July 28, 2016

    Inter partes review petitions have been filed challenging patents owned by Shipping and Transit, Sportbrain Holdings and Uniloc, which have sued more than 200 companies combined in 2016

  • Research reveals 76% of UK higher education staff support IP teaching

    July 28, 2016

    The Intellectual Property Network and The National Union of Students Insight team have recently concluded a study on understanding of IP policy in higher education institutions among students and staff

  • Interview: Ruth Soetendorp, IP educator and outgoing chair of IPAN

    July 27, 2016

    Alice O' Donkor talks to outgoing IPAN chair Ruth Soetendorp about IP education, awareness and understanding

  • Latest people moves in the US

    July 27, 2016

    Managing IP’s regular review of the latest appointments, including Cooley hiring a team of Morrison & Foerster lawyers in California, James Pooley joining Orrick, a new Librarian of Congress, and hires by Milbank Tweed Hadley & McCloy, K&L Gates, Barnes & Thornburg and Paul Hastings

  • Federal Circuit reverses PTAB for shifting burden of proof to patent owner

    July 27, 2016

    The Federal Circuit concludes that the Patent Trial and Appeal Board erred in shifting the burden of proof on obviousness in this IPR from the petitioner to the patent owner, in In re Magnum Tools International

  • How ASEAN countries rank for IP protection

    July 25, 2016

    In the latest of our series of articles on ASEAN, Natalie Rahhal discovers that ratings for many countries in the region have improved, but important differences remain

  • USPTO issues memorandum in response to CellzDirect and Sequenom

    July 21, 2016

    The USPTO tells examiners the Federal Circuit’s CellzDirect ruling “highlighted several important points” but says its subject matter eligibility guidance and training examples are already consistent with it

  • Catching up with Canada: recent patent news

    July 21, 2016

    A dismissal of a suit against Pfizer indicating consumers cannot be compensated for expenditures on invalidated patents, the NAFTA arbitration hearing of Eli Lilly’s complaint against the government, IP agents getting confidentiality privilege, the Federal Court awarding Janssen nearly C$20 million, and Brexit putting the brakes on CETA were among recent Canadian patent stories

  • Federal Circuit keeps 180 days’ exclusion time in patent dance

    July 20, 2016

    The Federal Circuit has provided some guidance on the issue of 180 days’ notice of launch in a recent biosimilars ruling, in Amgen v Apotex, but practitioners say there will be a lot more litigation before the patent dance is fully clarified

  • Federal Circuit’s en banc MedCo ruling clarifies on-sale bar

    July 15, 2016

    In a unanimous en banc decision in The Medicines Company v Hospira, the Federal Circuit addressed and clarified the “on sale” bar, a source of much anxiety for pharmaceutical companies

  • PTAB grants motion to amend ContentGuard patent in Google/Apple CBM

    July 14, 2016

    The Patent Trial and Appeal Board has granted a rare motion to amend, in a covered business method review that focused on the construction of the term “meta-rights”

  • Data: PTAB petitioners, patent owners and law firms in 2016’s first half ranked

    July 13, 2016

    Managing IP analyses the busiest companies and law firms at the Patent Trial and Appeal Board in the first six months of this year, using Docket Navigator. Filing was down in the first half as a whole but the second quarter showed signs of recovery

  • PTAB grants attorneys fees for first time, to RPX

    July 13, 2016

    The Patent Trial and Appeal Board has awarded attorneys fees for the first time, ruling that Applications in Internet Time violated a protective order in its handling of RPX’s confidential information

  • Apple pays $25m to settle Network-1 patent litigation

    July 12, 2016

    Apple will pay Network-1 Technologies $25 million to settle subsidiary Mirror World Technologies’ patent litigation in the Eastern District of Texas

  • CJEU rules on patent licensing question in Genentech case

    July 08, 2016

    In a rare foray into patent law, the Court of Justice of the EU has ruled that a patent licensee must pay the agreed royalty for the full term of the agreement, even if the patent is revoked or found not to be infringed

  • IPOS open to soft IP for loan applications

    July 07, 2016

    IPOS has approved the first loan application using a patent as collateral, and is opening its financing scheme up to other IP rights. But practitioners have concerns about valuation, as Stephy Tang reports

  • All eyes on ASEAN

    July 07, 2016

    Economic and legal reforms are driving harmonisation within and beyond the ASEAN region, with big implications for IP owners. James Nurton, Stephy Tang and Natalie Rahhal introduce a year-long series of articles

  • Federal Circuit reverses Section 101 invalidation of life science patent

    July 06, 2016

    The Federal Circuit has ruled that the claims of a patent for liver cell treatment were not directed to a patent-ineligible concept, in a decision that provides guidance on how life science innovations can satisfy the Mayo test

  • EPO to implement fundamental appeal reforms

    July 06, 2016

    The EPO Administrative Council has agreed reforms that the Office claims will increase independence and improve efficiency. But the EPO examiners’ union argues that the reforms ignore the input of the Boards and the views of users

  • June is busiest month for PTAB filing of 2016

    July 06, 2016

    PTAB Data and Analysis: Managing IP reveals Patent Trial and Appeal Board filing data for June and analyses recent decisions from the Supreme Court, Federal Circuit and PTAB, including the Board interpreting Enfish in mixed rulings. The USPTO has also announced it is replacing the Patent Review Processing System for PTAB trials

  • Brexit 10 days on: latest developments

    July 05, 2016

    While the politicians begin the discussions about how and when the UK will extricate itself from the EU and establish new trading relationships, trade mark practitioners have told Managing IP that clients are already preparing for the Brexit future

  • Online courts and the future of IP litigation

    July 04, 2016

    Are online courts the future for IP disputes? That was the topic of the annual Collyer Bristow IP debate between Tim Bamford and Karen Fong. They reveal some snippets from their diaries in the months leading up to the big fight

  • UPC scenario 5: Enforcing a patent inside and outside the UPC

    July 04, 2016

    In the latest in our series of UPC scenarios, Laura Whiting and Inmaculada Lorenzo explore the options for a pharmaceutical patent owner faced with a potential infringer manufacturing its product in Spain

  • UPC preparations will go ahead

    July 01, 2016

    The UPC Preparatory Committee and EPO Select Committee have issued a joint statement saying they will continue with their planned work despite the Brexit vote

  • First DTSA decision entered, as new trade secrets cases roll in

    July 01, 2016

    The Northern District of California appears to be the first federal court to enter a written decision under the Defend Trade Secrets Act. At least 15 cases have been filed under the DTSA since it was enacted

  • Bascom analysis: Is the Federal Circuit going soft on software patents?

    June 30, 2016

    The Federal Circuit has found a software patent valid for the third time since Alice, ruling in Bascom v AT&T that “an inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces”

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

    June 30, 2016

    Brexit casts doubt on start of the UPC and Unitary Patent system; useful resources on impact of Brexit on IP; Bulgaria ratifies UPC Agreement; Dutch parliament approves the UPCA; our latest UPC scenario on enforcing a European patent in and outside the UPC

  • UK IP Minister talks about UPC post-Brexit result

    June 30, 2016

    Baroness Neville-Rolfe has said that the UK’s position on the UPC and Unitary Patent system will not be known anytime soon. The Minister has also invited UK stakeholders to be involved in the discussions which will lead to a decision

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