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Patent Archive


  • Analysing SCOTUS oral arguments in Oil States and SAS Institute

    November 30, 2017

    US Supreme Court Justices seemed divided during arguments for Oil States v Greene’s Energy and SAS Institute v Matal. Patent lawyers have been busy making predictions about how the court will rule in the two cases, which could dramatically change how the Patent Trial and Appeal Board operates

  • European Commission releases counterfeiting and SEPs measures

    November 29, 2017

    The European Commission has presented a number of measures aimed at protecting intellectual property rights, including recommendations for fighting counterfeits and creating a balanced system for standard essential patents. The SEPs guidance was particularly well received

  • PTAB releases Aqua Products guidance on motions to amend

    November 28, 2017

    The Patent Trial and Appeal Board confirms that In light of the Aqua Products decision it will not place the burden of persuasion on a patent owner with respect to the patentability of substitute claims presented in a motion to amend

  • Beijing IP court launches WeChat e-litigation and mediation service

    November 28, 2017

    Chinese courts are making use of technology to improve efficiency

  • Michael Shore vows to “take a wrecking ball to the IPR system”

    November 22, 2017

    The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe said at the IP Dealmakers Forum that other companies are “lining up to do deals” and that universities’ endowment funds are interested in getting involved. Shore outlined why he believed these types of deals are here to stay

  • WIPO study sheds light on value of "intangible capital" in manufactured goods

    November 22, 2017

    WIPO Director General Francis Gurry says intangible capital determines success in the marketplace. "Intellectual property, in turn, is the means by which companies secure the competitive advantage flowing from their intangible capital"

  • Confidentiality clubs becoming more common in Indian patent disputes

    November 21, 2017

    IP practitioners see a trend of using confidentiality clubs in patent litigation cases to safeguard sensitive information, as demonstrated by the Delhi High Court’s recent grant of such a request in a dispute between Ericsson and Xiaomi

  • Interview: Fish & Richardson’s Dorothy Whelan on pharma PTAB proceedings

    November 17, 2017

    Dorothy Whelan, co-chair of Fish & Richardson’s post-grant practice group, has been involved in high-profile cases such as the first IPR decisions that invalidated Humira patents. As part of the Women in IP series, Whelan speaks to Michael Loney about the biggest issues at the PTAB

  • PTAB revises procedures for Federal Circuit remands

    November 17, 2017

    The Patent Trial and Appeal Board has revised the “Standard Operating Procedure 9 (SOP9)” for cases remanded from the Federal Circuit, including requiring panels to meet with the PTAB chief, deputy chief or a delegate to discuss remanded cases

  • Federal Circuit says TC Heartland changed the law

    November 16, 2017

    The Federal Circuit has granted Micron’s mandamus petition stating: “We conclude that TC Heartland changed the controlling law in the relevant sense: at the time of the initial motion to dismiss, before the Court decided TC Heartland, the venue defense … based on TC Heartland’s interpretation of the venue statute was not ‘available’”

  • USPTO to increase fees, including 72% IPR request fee change

    November 16, 2017

    The USPTO has released a final rule detailing fee increases to go into effect in January. The combined cost of an inter partes review request and institution at the Patent Trial and Appeal Board will go up to $30,500

  • India’s Supreme Court pushes for faster IPR suits

    November 15, 2017

    Delhi High Court has been given eight weeks to finalise rules and practice changes to dispose with IPR suits faster, a move that is expected to benefit litigants

  • Analysing the assessment of novelty post-Actavis

    November 15, 2017

    The Patent Court recently issued the first application of the UK Supreme Court’s Actavis v Eli Lilly ruling. Arnold J considered the impact on novelty of the doctrine of equivalents

  • District court stays pending IPR/CBM/PGR: a review of the past 12 months

    November 15, 2017

    Overall success rates of motions to stay district court litigation pending review at the Patent Trial and Appeal Board have dropped noticeably in the past fiscal year. Christopher Hanewicz and Truscenialyn Brooks of Perkins Coie analyse recent stay statistics

  • IP trends to watch in China’s Belt and Road Initiative

    November 14, 2017

    China’s ambitious initiative will likely lead to it being a hub for securing IP protection for businesses investing in Belt and Road Initiative projects. It will also affect enforcement strategies, with IP disputes expected to increase along the BRI route

  • PTAB requests tribal immunity briefs, House holds hearing

    November 09, 2017

    The Patent Trial and Appeal Board has asked for amicus briefing on whether tribal ownership immunises a patent from IPR challenges, while a House of Representatives subcommittee held a hearing on sovereign immunity and the intellectual property system in which ranking member Jerry Nadler said Allergan’s deal with a Native American tribe “makes a mockery of Congressional authority and of the rule of law”

  • PTAB round-up: steady filing; Aqua Products fall-out; precedential and informative decisions; and more

    November 08, 2017

    October at the Patent Trial and Appeal Board saw a levelling out of petition filing, the first ever extension of the final written decision deadline for good cause, and one precedential and three informative PTAB decisions

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