InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Patent Archive


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

    July 28, 2017

    UK consents to UPC Agreement (UPCA) Protocol and will resume legislative procedure for UPCA ratification in the autumn, UPC IT team seeks user input, and Germany’s legislative steps for ratification criticised

  • USPTO shares patent subject matter eligibility feedback

    July 26, 2017

    The USPTO has released a report providing an overview of patent eligibility law and feedback it has received on the issue. A majority of commenters recommended legislative change

  • Will the Federal Circuit weigh in on Judge Gilstrap’s patent venue test?

    July 26, 2017

    Consensus is growing that TC Heartland was not a change in the law, while a mandamus petition in the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being closely watched by patent practitioners

  • China proposes pharmaceutical patent linkage scheme

    July 24, 2017

    The China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio

  • The practical significance of Eli Lilly v Actavis

    July 24, 2017

    UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also introduced a general doctrine of prosecution history estoppel. Kingsley Egbuonu analyses the decision and its impact on law and practice in the UK

  • Interim USPTO director Matal makes predictions on Oil States, TC Heartland and reform

    July 21, 2017

    In an open and wide-ranging speech at the Patents for Financial Services Summit in New York, interim USPTO director Joseph Matal predicted “we are going to win” the Oil States case, TC Heartland “is not going to put the venue issue to bed” and “there will be further patent reform legislation in the coming Congress”

  • House Judiciary Committee members call Judge Gilstrap “reprehensible”

    July 17, 2017

    US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”

  • Predicting Aqua Products, evolving estoppel, expert testimony strategies – PTAB issues to watch

    July 17, 2017

    The discussions at Managing IP’s recent PTAB Forum 2017 provided some clues about the biggest issues on PTAB practitioners’ minds, including estoppel, handling remands, expert testimony strategies and predictions for two pending Federal Circuit en banc opinions

  • IP arbitration amendment bill passed in Hong Kong but hurdles remain

    July 14, 2017

    The Hong Kong government has passed amendments to the territory’s arbitration ordinance to clarify that IP rights can be the subject of arbitration

  • Michigan court awards Stryker enhanced damages after Supreme Court remand

    July 14, 2017

    A Western District of Michigan judge has reaffirmed his award of triple damages in Stryker v Zimmer after the Supreme Court changed the test for wilful infringement last year. The total award is $248.7 million

  • The latest people moves in the US

    July 13, 2017

    Managing IP’s regular update of people moves includes the latest on the new firm being established by Ropes & Gray partners, and hires by Morrison & Foerster, Crowell & Moring, BakerHostetler, Dorsey & Whitney, Steptoe & Johnson, Wolf Greenfield, McAndrews Held & Malloy and Foley & Lardner

  • Broken promise doctrine in Canada poses questions for courts

    July 13, 2017

    The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved

  • Dow’s record-setting Canada patent damages award explained

    July 12, 2017

    The C$645m awarded to Dow has dwarfed the previous highest Canadian patent award to Merck. The high figure is a result of the flexible and unique nature of monetary remedies in Canada

  • Doctrine of equivalents allowed in the UK

    July 12, 2017

    The UK Supreme Court has ruled that a patentee can argue that the scope of protection afforded by its patent extends beyond the ambit of the claims. In its ruling in Eli Lilly v Actavis, the Court also provided guidance on when reference to EPO prosecution file would be appropriate in interpreting a patent in infringement cases

  • Captain Morgan trade mark win, Teva section 8 damages, Health Canada misfeasance – some Canadian IP cases you may have missed

    July 10, 2017

    Canada has had two blockbuster Supreme Court decisions and a record patent damages award in the past month. But there have been other recent IP cases of interest, including a rum trade mark dispute, the reinstatement of Teva's C$125m section 8 damages and a finding of misfeasance in processing Apotex’s Apo-Trazodone drug submission

  • Record half for PTAB filing ends with 206 petitions in June

    July 07, 2017

    PTAB data and round-up: June was the second-busiest month of 2017 for Patent Trial and Appeal Board petition filing, with Halliburton Energy Services the top petitioner. The Federal Circuit issued interesting decisions on estoppel and APA requirements, while the Supreme Court Oil States case is already having an impact

  • Data – analysing TC Heartland’s impact on US patent litigation

    July 06, 2017

    Patent lawsuit filing in US district courts held up in June but plaintiffs have deserted the Eastern District of Texas, with Delaware the top venue. Natalie Rahhal analyses how US patent litigation has changed since TC Heartland, including how NPEs have responded

  • Life science strategies in the US

    July 06, 2017

    At Managing IP’s European Life Sciences Forum, Finnegan’s Jennifer Roscetti and Erin Sommers covered issues of patent eligibility in the US and tips for IPR proceedings

  • European Life Sciences Forum 2017 - key takeaways

    July 06, 2017

    Brexit, the UPC, second medical use patents, biologics and digital health were all on the agenda at Managing IP's first European Life Sciences Forum in London

  • Dow wins Canada’s largest ever reported patent infringement award

    July 06, 2017

    The Federal Court of Canada has awarded Dow more than C$645 million including prejudgment interest for Nova Chemicals infringing a patent covering polymers

  • Gilstrap sets four-factor test for Eastern District of Texas patent venue

    July 05, 2017

    In response to motions to dismiss or transfer cases based on improper venue, Judge Gilstrap of the Eastern District of Texas has laid out four factors for determining “regular and established place of business” – physical presence, defendant’s representations, benefits received and targeted interactions with the district

Most read articles

Latest Country Updates

Supplements