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Patent Archive

  • Creative filing strategies for the Unitary Patent

    October 23, 2014

    As part of our series of articles on the Unitary Patent and UPC, Adrian Tombling and Andrea Fleuchaus weigh up the factors to be considered when filing applications under the new system, and look at some hypothetical case studies

  • Supreme Court wrestles with claim construction in Teva arguments

    October 22, 2014

    The Supreme Court judges appeared divided on this issue of how much deference the Federal Circuit should give to district courts’ patent claim construction in their questioning during oral arguments in Teva v Sandoz last week

  • Post-grant reviews at the PTAB explained

    October 22, 2014

    Two post-grant review petitions have been filed at the Patent Trial and Appeal Board since August. But it will take years for the popularity of this type of review to come close to that of inter partes review

  • Test the UPC case management system

    October 21, 2014

    A prototype website for the Unified Patent Court e-filing and case management system is available for testing

  • Patent litigator joins Linklaters in Germany

    October 21, 2014

    Julia Schönbohm will join Linklaters as a partner in the dispute resolution division in the Frankfurt office on December 1

  • Last-minute submissions push PTAB comments total to 37

    October 18, 2014

    After 22 comments were submitted in the three days before the deadline for comments about Patent Trial and Appeal Board (PTAB) proceedings, the USPTO has received feedback from a total of 37 companies, organisations and individuals

  • How to encourage privacy compliance

    October 17, 2014

    Information about people is essential for modern businesses. Eduardo Ustaran explains why it should be treated as an asset and discusses the value of privacy compliance

  • Lee nomination as USPTO director confirmed

    October 17, 2014

    President Barack Obama has announced his intention to nominate Michelle Lee as undersecretary of commerce for intellectual property and director of the USPTO. She had been performing the functions and duties of the USPTO director in her position of deputy director

  • Patent Quality Initiative formed to file amicus briefs, petition for IPRs, educate

    October 15, 2014

    Banking association and payments company The Clearing House has announced the formation of the Patent Quality Initiative (PQI), an advocacy organisation that will seek to promote strong patents and discourage the assertion of patents it believes are invalid

  • Federal Circuit arguments in Myriad may worry biotech industry

    October 15, 2014

    The Federal Circuit's Myriad review could provide clarity about the scope of recent Supreme Court patent-eligibility decisions, but one pharma IP practitioner worries that “the biotech industry might feel storm-tossed after these oral arguments”

  • Manatt hires three-partner team in California

    October 15, 2014

    Manatt Phelps & Phillips has added a three-partner group to its intellectual property practice from Dickstein Shapiro

  • Kramer Levin hires pharma patent litigator

    October 15, 2014

    Christine Willgoos, a pharmaceutical and biotechnology patent litigator, has joined Kramer Levin Naftalis & Frankel as special counsel

  • Carpmaels adds further patent litigators

    October 15, 2014

    UK IP firm Carpmaels & Ransford has enhanced its recently launched litigation practice with the hire of Camilla Balleny from Pinsent Masons

  • Rouse returns to IP with Brandstrike

    October 14, 2014

    Peter Rouse has joined Brandstrike, providers of the IPCurator platform, as vice president services

  • They tried to make me go to PTAB…

    October 10, 2014

    Should you ever say no, no, no when deciding whether to try invalidating a rival’s patent at the Patent Trial and Appeal Board? Michael Loney looks at the considerations involved, including the falling institution rate and uncertain chances of being granted a stay

  • Federal Circuit orders Eastern District of Texas to stay Rockstar case

    October 10, 2014

    The Federal Circuit has ordered the Eastern District of Texas to grant a stay in Rockstar’s dispute with Google over the Android operating system pending the outcome of an action in the Northern District of California, saying that denying a stay was “a clear abuse of discretion”

  • Brown Rudnick hires two in New York from Winston & Strawn

    October 09, 2014

    Peter Lambrianakos has joined Brown Rudnick as a partner and Bryan DeMatteo has joined as a senior associate in the intellectual property litigation group in the New York office

  • Honigman hires partner in Michigan from Harness Dickey

    October 09, 2014

    Matthew Szalach has joined the intellectual property department at Honigman Miller Schwartz and Cohn as a partner

  • Interview: Unified Patents targets more zones to protect against NPEs

    October 07, 2014

    Unified Patents, a company that protects members against non-practicing entities (NPEs) in specific technology areas, is confident of further growth and will soon add additional technology areas, its CEO Kevin Jakel told Managing IP in an interview

  • PTAB petition filing down in September, second PGR filed

    October 07, 2014

    Data Analysis: Patent Trial and Appeal Board (PTAB) petition filings broke the 2,000 barrier in September, which also saw the second ever post-grant review (PGR) petition. The figures for fiscal year 2014 were up greatly on previous years

  • Federal Circuit schedules first IPR appeal argument

    October 06, 2014

    The Federal Circuit will next month hear the oral argument for the first appeal of an inter partes review, In re Cuozzo Speed Technologies

  • Singapore designated PCT international search authority

    October 06, 2014

    Singapore and WIPO have entered into an agreement to designate the IP Office of Singapore (IPOS) a PCT international search authority

  • WilmerHale adds IP partner in London

    October 06, 2014

    Anthony Trenton has joined WilmerHale’s London office. He was formerly a partner of Dentons

  • Former IP High Court Chief Judge joins Yuasa and Hara

    October 06, 2014

    Toshiaki Iimura has joined Yuasa and Hara’s Tokyo office

  • Patent licensing professionals still adjusting to PTAB proceedings

    October 02, 2014

    IP licensing professionals have not yet caught up with how the advent of Patent Trial and Appeal Board (PTAB) proceedings is affecting their business

  • Acacia subsidiary ordered to pay $1.4m attorneys’ fees

    October 01, 2014

    The District Court for Delaware has ordered a subsidiary of Acacia Research to pay attorneys’ fees of $1.396 million to NetApp, while issuing a smack down of “this sort of reckless and wasteful litigation”

  • Analysis: Is the PTAB a troll killer?

    October 01, 2014

    The Patent Trial and Appeal Board has provided a useful way for those sued by patent trolls to fight back. It is not just the companies directly affected by litigation that are looking to kill patents, however, says Michael Loney

  • 3D printing must avoid the music industry’s IP mistakes

    September 30, 2014

    The rise of 3D printing has meant the every conceivable product is in danger of having its IP infringed upon. But some interesting approaches to tackle this are already emerging, such as a partnership between the 3D printing company Shapeways and toy and game maker Hasbro

  • Judge notes Alice’s unintended consequence in video game case

    September 30, 2014

    The Central District of California has invalidated non-business-method claims on two video game-related patents, with the judge citing the Alice v CLS Bank decision and noting the dangers of claiming the novel portions of an invention too broadly

  • Vringo and ZTE in pre-litigation row

    September 29, 2014

    Chinese telecoms company ZTE and US company Vringo have engaged in a public spat ahead of the latest round of their standards-essential patent litigation due to start in the UK High Court next month

  • PTAB designates seven IPR decisions as “informative”

    September 26, 2014

    The Patent Trial and Appeal Board has designated seven of its decisions rendered in inter partes review (IPR) proceedings as “informative”

  • PTAB issues “surprising” joinder order

    September 26, 2014

    The Patent Trial and Appeal Board (PTAB) has issued an expanded panel order in which it denied joinder under the 315(c) statute, in Target v Destination Maternity

  • USPTO and KIPO expand cooperative patent classification system

    September 25, 2014

    The USPTO and the Korean Intellectual Property Office (KIPO) have announced an expansion of cooperation in classification activities between the two offices, with the USPTO urging IP5 offices follow KIPO’s lead and increase IP protection

  • The Unitary Patent is a “wonderful tool” - Jean-Jacques Canonici, P&G

    September 25, 2014

    Jean-Jacques Canonici of Procter & Gamble urged patent owners to try the new Unitary Patent system, in an interview with Managing IP

  • Strategies for speedy ends to patent litigation

    September 25, 2014

    It is often in the best interest of those involved in IP litigation proceedings to resolve the dispute early, argued several participants in a web seminar entitled Successful Early Resolution Strategies for IP Disputes, held by Managing IP in association with the law firm of McAndrews Held & Malloy

  • Interview: Colin Lamond, Nissan, on the costs of the Unitary Patent

    September 24, 2014

    The costs of the proposed EU Unitary Patent are among the big concerns for patent applicants, according to Colin Lamond of Nissan Technical Europe

  • Indian stakeholders warn Prime Minister about being "hostage" to US pressure

    September 24, 2014

    Ahead of Prime Minister Narendra Modi's visit to the United States, a group of organisations and individuals say that India should not revise its IP laws to appease the US government

  • Miller Canfield adds Shanghai IP partner

    September 24, 2014

    Kening Li has joined Miller Canfield’s Shanghai office, where he will head the firm’s China IP team

  • CBS loses against NPE in Eastern District of Texas

    September 23, 2014

    Non-practicing entity Personal Audio has won a case in the US District Court for the Eastern District of Texas against CBS for podcasting and use of “episodic content” that the former said infringed its patent

  • Par Pharmaceuticals agrees $100m patent settlement

    September 23, 2014

    Par Pharmaceuticals has agreed to pay $100 million to a unit of Salix Pharmaceuticals and the University of Missouri to settle a lawsuit alleging it had infringed two patents related to the heartburn drug Zegerid

  • Rackspace claims victory over “troll” at PTAB, promises more

    September 23, 2014

    Rackspace is celebrating victory at the Patent Trial and Appeal Board (PTAB) against Rotatable Technologies after a patent covering screen rotation was declared invalid. An analysis of Rackspace’s other litigation shows it's far from done taking on those it sees as patent trolls

  • Interview: Jochen Meyer, Vodafone, on hopes and fears in the UPC

    September 23, 2014

    The head of IP at Vodafone Germany has spoken about the fear that the UPC will be “imbalanced” between plaintiffs and defendants

  • PTAB confirms vice-chief judge and board executive appointments

    September 22, 2014

    The Patent Trial and Appeal Board has appointed Scott Boalick to the position of vice-chief administrative patent judge and Adam Ramsey to the position of board executive

  • Interview: Clemens Heusch of Nokia on judges at the UPC

    September 22, 2014

    The most important issue for the planned Unified Patent Court is the quality of the judges, Clemens Heusch of Nokia told Managing IP in a recent interview

  • WIPO launches multilingual database

    September 19, 2014

    The World Intellectual Property Organization (WIPO) has launched a new database that makes publicly available a trove of technical and scientific terminology

  • WIPO announces proposed appointments

    September 19, 2014

    The office of WIPO director general Francis Gurry has released a list of proposed appointments for deputy directors general and assistant directors general

  • Vermont AG confident as MPHJ tries to block case

    September 18, 2014

    The Attorney General of Vermont is confident that his office will prevail in a lawsuit filed by accused patent troll MPHF Technology Investments against his office. Meanwhile, MPHJ's lawsuit against the FTC has been dismissed

  • Federal Circuit overturns $368m damage award in Apple case

    September 18, 2014

    The Federal Circuit has overturned an Eastern District of Texas ruling that ordered Apple to pay software development and licensing company VirnetX $368.16 million for infringing four patents through its FaceTime and VPN On Demand products

  • NY AG sues Actavis over Alzheimer’s drug

    September 18, 2014

    New York's attorney general has launched an antitrust lawsuit against Actavis, accusing it of illegally trying to switch customers from a drug to treat Alzheimer’s disease, the patent on which expires soon, to a new drug in order to avoid competition from generic firms

  • Trade secrets bill clears House Judiciary Committee

    September 18, 2014

    The House Judiciary Committee has approved HR 5233, the Trade Secrets Protection Act, by voice vote

  • USPTO extends PTAB comment period; Myriad revision out next month

    September 18, 2014

    The USPTO has extended the comment period on trial proceedings Under the America Invents Act before the Patent Trial and Appeal Board (PTAB)

  • Three patent attorneys join Finnegan London

    September 18, 2014

    Finnegan Henderson Farabow Garrett & Dunner is stepping up its assault on the UK IP market after hiring three patent attorneys as partners

  • Nokia's Richard Vary on the UPC, competitiveness and NPEs

    September 18, 2014

    Last week Richard Vary, global head of litigation at Nokia, spoke at Managing IP’s European Patent Reform Forum in Paris. Here he tells us the likely impact of the Unified Patent Court on global competitiveness, patent trolls and litigation strategies

  • Building an authentic brand

    September 17, 2014

    Min-Liang Tan, co-founder and CEO of computer gaming device maker Razer, speaks to Managing IP about how his company takes an organic approach to brand building, his company’s IP strategy and what he looks for in lawyers. Hint: no pushovers

  • EPO’s Battistelli emphasises quality

    September 17, 2014

    The European Patent Office will not raise official fees above inflation for the next four years, President Benoît Battistelli said yesterday. Interviewed after addressing yesterday’s AIPPI IP Panel Lunch, he also promised “we will find a solution” to the controversial question of the level of renewal fees for the proposed Unitary Patent

  • The rules of the pharma game

    September 17, 2014

    It is fast-paced, frantic and the stakes are high. The rules are complicated, and sometimes unseemly fights break out between the participants. It’s also become a national sport in Canada

  • AIPPI files intervention in Supreme Court of Canada case

    September 17, 2014

    AIPPI yesterday filed an intervention before the Supreme Court of Canada in the dispute between Apotex and Sanofi-Aventis concerning the drug Plavix. The case concerns the utility requirement in Canadian patent law

  • Judge Gilmore interview: perspectives of a judicial diva

    September 17, 2014

    Judge Vanessa Gilmore of the Southern District of Texas has been enjoying the chance to gain an international view during her time at the AIPPI Congress. She notes that IP cases require a particular knowledge compared with other cases

  • Leading AIPPI through a time of change

    September 17, 2014

    Felipe Claro, partner at Chile law firm Claro & Cia, will be taking over as AIPPI president for the next two years. He has ambitious goals for his tenure, including streamlining the association to be more responsive to members, as he tells Michael Loney

  • Three AIPPI draft resolutions agreed

    September 17, 2014

    AIPPI Congress delegates have agreed three draft resolutions, with a fourth due be to be debated this morning. All will be voted on at the General Assembly taking place today

  • Looking back … and forward at AIPPI

    September 17, 2014

    The Toronto Congress marks the end of an era for two of AIPPI’s long-serving volunteers. Secretary General Stephan Freischem of Germany will be standing down after eight years on the Bureau, while Reporter General Thierry Calame has served 13 years

  • Expansion of privilege in India called for

    September 17, 2014

    The issue of protecting confidential client-IP advisor communications from forced disclosure on a global scale is complicated

  • The messy problem of IP licensing during insolvency

    September 17, 2014

    The treatment of IP licence agreements during bankruptcy or insolvency proceedings throws up many complicated questions

  • New Zealand’s new patent law comes into effect

    September 16, 2014

    New Zealand’s new patent law gets rid of some outdated provisions, expand third party actions and addresses software patent issues

  • Interview: AIPPI President John Bochnovic

    September 16, 2014

    The 2014 Congress marks the end of John Bochnovic’s two-year term as AIPPI President. He tells James Nurton how the organization has developed in that time, and where it needs to go next

  • How to promote green technologies

    September 16, 2014

    Industrialised countries should consider providing incentives to promote technology transfer with developing countries, according to a report published by AIPPI’s Standing Committee on “Intellectual Property and Green Technology”

  • Changes afoot for Hague System

    September 16, 2014

    AIPPI Congress attendees were updated on the changes underway for designs and the Hague System during an IP Lunch Panel yesterday

  • Mock arbitration shines light on designs

    September 16, 2014

    An arbitration tribunal consisting of Dan Bereskin, Richard Kreindler and Richard Tan unanimously found that a design patent for a glass with a double wall was not infringed, following a mock proceeding at the AIPPI Congress in Toronto

  • Meet this year’s AIPPI Congress Chair

    September 15, 2014

    Philip Mendes da Costa of Bereskin & Parr is Chair of the Organising Committee of this year’s Congress. He talks planning, patents and portfolio management with James Nurton

  • Standards and patents in spotlight at AIPPI

    September 15, 2014

    Last Thursday, the Court of Justice of the EU heard arguments in a case referred from Germany between Huawei and ZTE concerning standard-essential patents and FRAND. It is the first time the Court has been asked to rule on this complex area of law

  • European Patent Reform Forum 2014: the highlights

    September 12, 2014

    Managing IP hosted two forums on the Unitary Patent and UPC this week, in Paris and Munich. Here are some of the key takeaways

  • New partner for Taylor Wessing in Paris

    September 12, 2014

    Catherine Muyl is now a partner in the patents practice of Taylor Wessing

  • Walker Morris appoints head of IP

    September 12, 2014

    Walker Morris in Leeds has a new head of IP: Rupert Bent, formerly head of IP litigation for the regions at Pinsent Masons

  • Gide hires former French judge

    September 12, 2014

    Alan Carre-Pierrat has become senior counsel at Gide in Paris

  • Australia’s Full Federal Court rules on Myriad patent

    September 12, 2014

    In a decision that directly addresses the US Supreme Court’s Myriad decision last year, Australia’s Full Federal Court held that Myriad’s patent for an isolated gene is patentable

  • UK IP Minister: China has skin in IP game

    September 11, 2014

    In an interview with Managing IP, the UK’s new IP Minister reflects on her trip to China, the importance of bringing a business person’s perspective to IP issues there, and why she is optimistic about increased cooperation with China

  • New EU commissioners for IP portfolios

    September 10, 2014

    Elžbieta Bienkowska, formerly deputy prime minister of Poland, is to be the new EU Internal Market, Industry, Entrepreneurship and SME Commissioner

  • Gevers merges with Orès

    September 10, 2014

    IP firms Gevers, headquartered in Belgium, and Paris-based Orès, have combined their French IP practices

  • FTC sues AbbVie over “baseless patent infringement lawsuits”

    September 09, 2014

    The Federal Trade Commission (FTC) has filed a complaint in federal district court charging pharmaceutical companies AbbVie and Besins Healthcare with illegally blocking US consumers’ access to lower-cost versions of the blockbuster drug AndroGel

  • Carpmaels & Ransford takes UPC initiative

    September 09, 2014

    The UK patent and trade mark attorney firm Carpmaels & Ransford is adding a team of litigators in preparation for the launch of the Unified Patent Court

  • Third Circuit applies Octane standard to Lanham Act case

    September 08, 2014

    The US Third Circuit has held that the fee shifting standard set by the Supreme Court in Octane Fitness v Icon Health & Fitness also applies to cases brought under the Lanham Act

  • Goodwin Procter hires five from Kenyon & Kenyon

    September 08, 2014

    Goodwin Procter has added five partners in its intellectual property litigation practice from Kenyon & Kenyon, including trial lawyer Elizabeth Holland

  • Are you ready for the IP bankers?

    September 08, 2014

    Intellectual property funds are just an evolution of the venture capital model, rather than a completely new beast, suggests N Darius Sankey of Ocean Tomo

  • Norton Rose Fulbright adds to technology and innovation team in Singapore

    September 08, 2014

    Stella Cramer has joined the Singapore office of Norton Rose Fulbright as a partner

  • Jun He adds patent partner

    September 08, 2014

    Johnson Wang has joined the patent team in Jun He’s Beijing office

  • Senate trade secrets bill discussed in committee

    September 05, 2014

    A Senate bill to federalise trade secrets protections, titled the Defend Trade Secrets Act, is continuing to make slow yet steady progress through Congress’s upper chamber, with a closed doors meeting of the Senate Judiciary Committee the most recent development

  • IV announces construction joint venture

    September 05, 2014

    Intellectual Ventures (IV) has formed a joint venture with CollinsWoerman to commercialise new inventions for the design and construction of mid-rise and high-rise housing from a kit of prefabricated component parts

  • Hughes Hubbard adds two partners in New York

    September 04, 2014

    Hughes Hubbard has hired James Dabney and Stephen Rabinowitz in its intellectual property practice as partners in New York

  • PTAB petitions break 1,900 barrier in August

    September 03, 2014

    The Patent Trial and Appeal Board (PTAB) is set to accept its 2,000th petition this month, following it going past the 1,900 mark and accepting its first post-grant review petition in August

  • Spours joins ClearViewIP

    September 03, 2014

    Peter Spours, former chief IP officer at TomTom, has joined IP consultancy ClearViewIP as managing consultant

  • FTC explains hopes for recently approved patent troll study

    September 03, 2014

    On August 8 the Federal Trade Commission (FTC) received the go-ahead from the White House’s Office of Management & Budget to conduct a study on patent assertion entities (PAEs), or patent trolls. The FTC told Managing IP the goal is to complete the study next year

  • How the EPO aims to improve legal certainty

    September 02, 2014

    The European Patent Office has launched a project called Early Certainty from Search. The Office’s Vice President Guillaume Minnoye tells James Nurton why it is needed, and explains how it will benefit both applicants and third parties

  • Simmons launches trade mark practice in China

    September 01, 2014

    International law firm Simmons & Simmons has hired George Chan as a partner in Beijing

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