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Patent Archive


  • 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

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