Patents - Features©2016 Managing Intellectual Property60Patents - FeaturesUPC scenario 4: Challenging a non-opted out European patentHow might a clearing-the-way case proceed once the UPC is in force? In the latest article in our series, David Rose, Nina O’Sullivan and Axel Walz consider the options for a patent challenger who wishes to launch a competing product, 27 Apr 2016 11:00:00 GMTMilan prepares for 2016 AIPPI World CongressThe AIPPI returns to Italy this year, for the first time since 1969. Once again, Managing IP will be providing coverage in the AIPPI Daily Report and here we provide a preview of what to expect, 25 Apr 2016 14:00:00 GMTUPC scenario 3: A standards case from the defendant’s perspectiveOur latest UPC scenario looks at a case involving a standard-essential patent. Michael Carter, Nick Cunningham and David Barron consider a defendant’s options in the new court system, 29 Mar 2016 12:30:00 GMTPatent issues reviewed by Court of AppealIn a rare decision, Hong Kong’s Court of Appeal has addressed sufficiency, novelty and inventive step as well as other issues. Nina Fitzgerald and Jeffrey McLean explain, 29 Mar 2016 12:30:00 GMTUPC scenario 2: a blockbuster drug patent with an SPCIn our second discussion of a hypothetical UPC scenario, Duncan Ribbons and Rebecca Lawrence address some of the complications that arise with SPCs, licences, opt outs and injunctions, 25 Feb 2016 15:00:00 GMTConfusion reigns over patenting of computer programsIndia has long debated the patentability of computer programs, but are we any closer to having clear guidance? Kanchan Vadehra and Sharad Vadehra review the latest developments, 25 Feb 2016 14:30:00 GMTHot debate over patent jurisdictionJudges in China have expressed different views regarding whether a court in the place of receipt of goods has jurisdiction in patent infringement cases. Xiaolin Wang and Harlem Lu explain the issues, 24 Feb 2016 10:00:00 GMTDon’t fret over threats of proceedings for IP infringementCorrespondents in Australia, Canada, Germany, the UK and the US review the law and recent developments on threats of proceedings for IP infringement that are groundless or may interfere with business activity, 28 Jan 2016 11:00:00 GMTBiotechnology and patentability: navigating unchartered waters in Australia and the USThe debate over the patentability of isolated DNA has raged around the world. Tania Obranovich compares the two Myriad decisions from the highest courts in Australia and the US and explains how the Australian decision has called into question what had long been thought of as a fundamental pillar of Australian patent law, 26 Jan 2016 11:00:00 GMTHow to prove it to the PTABThe role of prior art has become important in many PTAB proceedings. Scott D Marty and Jonathon A Talcott discuss evidentiary challenges for petitioners and patent owners, 26 Jan 2016 11:00:00 GMTUPC scenario 1: an electronics implementation patentIn the first of a series of articles looking at hypothetical scenarios involving the UPC, Wouter Pors considers a case involving an implementation patent in the electronics industry, 26 Jan 2016 11:00:00 GMTSliding doors at the ITC: Is direct infringement of method claims a basis for relief?In recent years, the ITC and Federal Circuit slowly closed the door on the assertion of method claims at the ITC. The Suprema decision reversed the trend, but may have opened the door wide enough for direct infringement claims to again pass through, argue John Haynes and Adam D Swain, 26 Jan 2016 11:00:00 GMTAIPPI’s 2015 Resolutions explainedIP stakeholders from around the world agreed four Resolutions on patents, trade marks, copyright and trade secrets at the AIPPI World IP Congress in October. Sarah Matheson discusses each of them, 04 Dec 2015 15:00:00 GMT19 changes in the new Spanish Patents ActA new Act coming into force in 2017 introduces some important changes affecting patents and utility models in Spain. Santiago Jordá explains, 04 Dec 2015 15:00:00 GMTSolving the India patent puzzleKanchan Vadehra and Sharad Vadehra of Kan and Krishme discuss some of the unique features of the Indian patent system and tips to overcome those challenges, 04 Dec 2015 15:00:00 GMTCompulsory licensing of IP rights in ChinaChina has implemented TRIPs standards for compulsory licensing in its IP laws. Matthew A Murphy explains how this affects patents, copyright and plant varieties, 04 Dec 2015 15:00:00 GMTA retirement lunch with Jeremy PhillipsJeremy Phillips, who founded Managing IP, retired this week. James Nurton recently went for lunch with him to hear about how intellectual property has changed in the past 42 years, what his plans are for retirement, and why ethical behaviour matters, 04 Dec 2015 03:00:00 GMTUnitary Patent and UPC: the state of playThe first Unitary Patents may be granted one year from now. Following our series of articles on the Unitary Patent and UPC, James Nurton and Kingsley Egbuonu take stock of where we are now and what remains to be done before Europe’s new patent system can come into effect, 29 Oct 2015 12:30:00 GMTPTAB provides guidance on AIA estoppel provisionsRecent guidance from the PTAB relating to the estoppel provisions of the America Invents Act could have significant implications for US patent litigation. Daniel Zeilberger, Joseph Palys and Naveen Modi of Paul Hastings explain, 28 Oct 2015 11:45:00 GMTBrazil's battle against the patent backlogThe Brazil IP office president’s efforts to reduce one of the world’s worst backlogs have been derailed by recession. However, he hopes to take proactive measures, despite sceptical IP practitioners inside and outside Brazil and the controversy over double examination of pharmaceutical patents. Michael Loney reports, 27 Oct 2015 17:45:00 GMTThe impact of insolvency on licence agreementsSome jurisdictions have well-established principles concerning IP rights in insolvency proceedings, but in others the law is less clear. Bankruptcy and IP specialists in Australia, Canada, China, Germany, the UK and the US explain the key issues, 09 Oct 2015 13:45:00 GMTHow changes to US civil procedure rules will affect patent litigationAmendments to the US Federal Rules of Civil Procedure are set to take effect on December 1 and will affect issues such as discovery and document production. Jeff Totten and Robert MacKichan look at the implications for patent cases, 06 Oct 2015 13:00:00 GMTThe legal aspects of 3D printing in BrazilThe increasing popularity of 3D printing in Brazil poses several questions about IP rights, free dissemination of 3D printing and home users of the new technology. Ricardo Pinho of Guerra IP assesses whether Brazil’s laws are sufficient to provide the answers, 06 Oct 2015 05:00:00 GMTEPO oppositions are affordable, powerful and increasingly important The proposed Unified Patent Court fee for revocation proceedings is €20,000. The EPO fee for opposition proceedings is €775. David Lewin expands on how and why you should be taking full strategic advantage of the EPO’s opposition procedure, 30 Sep 2015 05:00:00 GMTThe view from inside the UPC courtroomOver the past year lawyers at London firm Bristows have staged a comprehensive mock Unified Patent Court case. Alan Johnson explains the lessons learned while James Nurton interviews some of the participants, 30 Sep 2015 05:00:00 GMTDemanding security from your supply chainAs your goods move from factory to retail, they can be tampered with, stolen, or replaced by counterfeits. Lee Macfarland provides guidance on risks and best practices through the supply chain, 25 Sep 2015 21:00:00 GMTNavigating OEM-related IP challengesOriginal equipment manufacturing in China provides many advantages for international companies, but IP-related pitfalls can be a challenge. Ted Chwu and Gordon Lee explain what rights holders have to look out for, 25 Sep 2015 13:00:00 GMTRecent guidance on SEP licensing in the US and EUTwo decisions in Europe and the United States have addressed the licensing of standard- essential patents. Andrew Moir, David Wilson, Nic Ruesink- Brown, Joseph Falcone and Allison Alcasabas ask: have the courts provided a helping FRAND?, 25 Aug 2015 13:30:00 GMTThe history and future of induced infringement liabilityOn May 26, the US Supreme Court held in Commil USA v Cisco Systems that a defendant’s good-faith belief that a patent is invalid is not a defence to induced infringement under 35 USC § 271(b). What is the history of the good-faith defence to induced infringement, and how should rights holders prepare going forward? Dalila Argaez Wendlandt and Peter Walkingshaw explore the issues, 15 Jul 2015 12:30:00 GMT