Litigation/Dispute Resolution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2916©2017 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsDoctrine of equivalents after Actavis v Eli LillyTwo months after the UK Supreme Court's landmark judgment in Actavis v Eli Lilly, more questions are being asked about its impact throughout Europehttp://www.managingip.com/Article/3751961/Doctrine-of-equivalents-after-Actavis-v-Eli-Lilly.htmlMon, 18 Sep 2017 16:30:00 GMTKeep your patent litigation strategy flexibleHow do US, UK and EPO tribunals compare when it comes to patent infringement disputes? Ilya Kazi contrasts tactics and procedures, drawing on lessons from recent caseshttp://www.managingip.com/Article/3751786/Keep-your-patent-litigation-strategy-flexible.htmlMon, 18 Sep 2017 12:00:00 GMTMonkey selfie, Octane, Halo, Garmin, Navico, Qualcomm, Apple, PTAB, Amazon – the week in IPA monkey selfie settlement, the Federal Circuit ruling on Octane, Halo being denied enhanced damages, an award of $39m damages for Navico, a denial of Qualcomm’s motion for an injunction against Apple, the percentage of women appearing before the PTAB, the expiration of Amazon’s one-click patent, and IBM chief patent counsel Manny Schecter’s hopes for the new USPTO director were in the recent intellectual property newshttp://www.managingip.com/Article/3751254/Monkey-selfie-Octane-Halo-Garmin-Navico-Qualcomm-Apple-PTAB-Amazonthe-week-in-IP.htmlThu, 14 Sep 2017 20:00:00 GMTRopes & Gray hires PTAB chair from Oblon, and other US people movesManaging IP’s regular update of people moves includes hires by Ropes & Gray, Norton Rose Fulbright, Honigman Miller Schwartz and Cohn, Hogan Lovells, Wolf Greenfield, Shook Hardy & Bacon and BakerHostetler. These include new roles for two former AIPLA presidentshttp://www.managingip.com/Article/3750643/Ropes-and-Gray-hires-PTAB-chair-from-Oblon-and-other-US-people-moves.htmlTue, 12 Sep 2017 21:45:00 GMTPTAB August round-up: Filing down; Federal Circuit criticises PTAB in two opinions; ruling on standing126 PTAB petitions were filed in August, while the Federal Circuit expressed concern with the Board’s practice of joinder and expanded panels in Nidec Motor v Zhongshan Broad Ocean Motor, said it abused its discretion for failing to consider material evidence in Ultratec v CaptionCall, and ruled that an IPR petitioner doesn’t need to satisfy Article III standing requirements to participate in a patent owner’s appeal in Personal Audio v EFFhttp://www.managingip.com/Article/3749451/PTAB-August-round-up-Filing-down-Federal-Circuit-criticises-PTAB-in-two-opinions-ruling-on-standing.htmlThu, 07 Sep 2017 23:30:00 GMTFederal Circuit to answer “serious questions” about PTAB joinder and panelsA concurring opinion in Nidec Motor v Zhongshan Broad Ocean Motor critical of the PTAB’s position on joinder and expanded panels suggests the Federal Circuit will further scrutinise these issues in future decisionshttp://www.managingip.com/Article/3749428/Federal-Circuit-to-answer-serious-questions-about-PTAB-joinder-and-panels.htmlThu, 07 Sep 2017 18:30:00 GMTIn Re Brunetti, Nintendo, hashtag trade marks, Blackbird Technologies, patent application references, CBS, Dr Phil – the week in IPFederal Circuit oral arguments over scandalous and immoral marks, a jury awarding $10m against Nintendo, hashtag trade mark applications increasing 64%, data on cited references in patent applications, a profile of Blackbird Technologies, a dispute over CBS’s use of a photograph in a news programme and an unusual copyright case involving Dr Phil were in the recent intellectual property newshttp://www.managingip.com/Article/3749042/In-Re-Brunetti-Nintendo-hashtag-trade-marks-Blackbird-Technologies-patent-application-references-CBS.htmlWed, 06 Sep 2017 21:30:00 GMTFederal Circuit to hear USPTO attorneys' fees issue en bancParties have been asked to brief on the issue of whether Section 145’s “[a]ll the expenses of the proceedings” provision authorises an award of the USPTO’s attorneys’ fees, after the Federal Circuit ordered a sua sponte rehearing en banc of Nantkwest v Matalhttp://www.managingip.com/Article/3748965/Federal-Circuit-to-hear-USPTO-attorneys-fees-issue-en-banc.htmlWed, 06 Sep 2017 16:45:00 GMTAssessing Trump’s USPTO director nominee, Andrei IancuUSPTO director nominee Andrei Iancu has broad experience of patent litigation and PTAB proceedings. But observers are unclear about his views on a number of issueshttp://www.managingip.com/Article/3748671/Assessing-Trumps-USPTO-director-nominee-Andrei-Iancu.htmlWed, 06 Sep 2017 02:45:00 GMTNews round-up – recent IP stories of interestRecent intellectual property news included stories involving VidAngel, Finjan, a protest at the USPTO, Costco, Tiffany, Cheerios, Rubik’s Cube, CPA Global, Aqua Licensing, Crocs, Warner Bros and Pepe the Froghttp://www.managingip.com/Article/3746728/News-round-uprecent-IP-stories-of-interest.htmlThu, 31 Aug 2017 00:00:00 GMTTrump nominates Irell & Manella’s Iancu for USPTO directorAndrei Iancu will succeed Michelle Lee as USPTO director if the US Senate confirms his nomination. He is a managing partner of Irell & Manella in Los Angeleshttp://www.managingip.com/Article/3745986/Trump-nominates-Irell-and-Manellas-Iancu-for-USPTO-director.htmlTue, 29 Aug 2017 05:30:00 GMTFirst-half US patent litigation data and analysis – Uniloc tops plaintiff rankingNatalie Rahhal analyses the top plaintiffs, defendants and law firms in the first half of 2017, and identifies some trends to watch in the second half including how NPEs and the ITC will be affected by TC Heartlandhttp://www.managingip.com/Article/3737766/First-half-US-patent-litigation-data-and-analysisUniloc-tops-plaintiff-ranking.htmlThu, 24 Aug 2017 12:30:00 GMTFive important cases from CanadaMichael Loney and Natalie Rahhal analyse five IP decisions issued in Canada, two from the Supreme Court and three from the Federal Courthttp://www.managingip.com/Article/3744809/Five-important-cases-from-Canada.htmlThu, 24 Aug 2017 12:30:00 GMTExploring the boundaries of patent claim amendment in MexicoClarity is needed on certain aspects of the law regarding patent claim amendment, argues Víctor Garrido of Dumont Bergman Bider & Co, SChttp://www.managingip.com/Article/3744808/Exploring-the-boundaries-of-patent-claim-amendment-in-Mexico.htmlThu, 24 Aug 2017 12:30:00 GMTCanada: The new frontier for global IP litigationThe landscape for IP litigation has improved considerably in Canada. Kevin P Siu and Steven B Garland of Smart & Biggar outline the benefits for global rights ownershttp://www.managingip.com/Article/3744812/Canada-The-new-frontier-for-global-IP-litigation.htmlThu, 24 Aug 2017 12:30:00 GMT“Rare” Federal Circuit decision signals hope post-AliceThe Federal Circuit in its August 15 opinion in Visual Memory, LLC v NVIDIA Corp upheld patent claims directed to a computer memory system as patent eligible under the Supreme Court test set out in Alice v CLS Bank - a departure from its tendency to strike down such patents in recent yearshttp://www.managingip.com/Article/3743249/Rare-Federal-Circuit-decision-signals-hope-post-Alice.htmlMon, 21 Aug 2017 17:30:00 GMTUK and the UPC system: the state of playThe UK has made remarkable progress towards ratifying the UPC Agreement but there will be difficult negotiations to remain in the UPC and unitary patent system post-Brexit. In the first of a two-part article, Kingsley Egbuonu spoke to Alan Johnson of Bristows about UK’s preparations, post-Brexit participation and the impact of being outside the systemhttp://www.managingip.com/Article/3743143/UK-and-the-UPC-system-the-state-of-play.htmlMon, 21 Aug 2017 09:15:00 GMTValidiity of essential patent for white LED confirmedTakanori Abe reviews the litigation in Germany over Nichia's patent for a white LEDhttp://www.managingip.com/Article/3735534/Validiity-of-essential-patent-for-white-LED-confirmed.htmlWed, 16 Aug 2017 15:00:00 GMTSprint win has lessons for “serial litigators" and damages trendsA Nebraska court’s August 8 decision to relieve Sprint of a $32 million damages award it had ordered Sprint to pay Prism Technologies in 2015 should be a warning to so-called serial plaintiffs, Sprint attorney Carter Phillips of Sidley Austin told Managing IPhttp://www.managingip.com/Article/3741872/Sprint-win-has-lessons-for-serial-litigators-and-damages-trends.htmlWed, 16 Aug 2017 14:00:00 GMTThe latest Americas IP people movesManaging IP’s regular update of people moves includes hires by Orrick, Mintz Levin, Merchant & Gould, Foley & Lardner, BakerHostetler and King & Spalding, as well as Erich Spangenberg leaving Marathon and a new INTA chief representative officer for Latin America and the Caribbeanhttp://www.managingip.com/Article/3741026/The-latest-Americas-IP-people-moves.htmlMon, 14 Aug 2017 05:15:00 GMTAttorneys’ fees, Federal Circuit, will.i.am, EFF, Erich Spangenberg, CRISPR, Prism, Philips, ITC, Qualcomm, Apple, Aqua IP Investor Pool – the week in IPThe Federal Circuit confirming the attorneys’ fees standard is the same in patent and trade mark cases, will.i.am being denied a trade mark registration, EFF winning an appeal of its podcasting dispute with Personal Audio, Erich Spangenberg leaving Marathon, the EPO intending to grant a CRISPR patent, a $30m damages award being set aside, a $10.3m award for Philips, a pool to connect patent holders with high-growth start-ups, and the ITC taking on Qualcomm’s complaint against Apple were in the recent intellectual property newshttp://www.managingip.com/Article/3740634/Attorneys-fees-Federal-Circuit-william-EFF-Erich-Spangenberg-CRISPR-Prism-Philips-ITC-Qualcomm-Apple.htmlThu, 10 Aug 2017 19:15:00 GMTCanada publishes proposed amendments to Patent RulesThe Canadian government has published proposed amendments to the Canadian Patent Rules for public consultationhttp://www.managingip.com/Article/3740633/Canada-publishes-proposed-amendments-to-Patent-Rules.htmlThu, 10 Aug 2017 19:15:00 GMTJuly PTAB data and analysis: Filing falls, motion to amend granted on remand, Federal Circuit reverses amendment, sovereign immunity applied for third time139 Patent Trial and Appeal Board petitions were filed in July. The month also included the Board granting a motion to amend on remand, the Federal Circuit vacating a granted motion to amend, and sovereign immunity as a defence to an IPR being applied for the third timehttp://www.managingip.com/Article/3740239/July-PTAB-data-and-analysis-Filing-falls-motion-to-amend-granted-on-remand-Federal-Circuit-reverses.htmlWed, 09 Aug 2017 17:00:00 GMTPTAB designates Athena Automation assignor estoppel decision as precedentialThe Patent Trial and Appeal Board’s October 2013 decision determining that the doctrine of assignor estoppel is not an exception to Section 311(a) is the ninth to be deemed precedentialhttp://www.managingip.com/Article/3740237/PTAB-designates-Athena-Automation-assignor-estoppel-decision-as-precedential.htmlWed, 09 Aug 2017 17:00:00 GMTCRISPR, Apple, Nokia, Blockchain patents, Dominion Harbor, Quincy Jones, TC Heartland – the week in IPUC Berkeley’s appeal in its CRISPR dispute with the Broad Institute of MIT and Harvard, Apple’s $2bn payment to Nokia, Blockchain applications at the USPTO almost doubling, Dominion Harbor and Hawkeye Ventures creating a $50 million patent acquisition fund, Quincy Jones being awarded $9.4m in unpaid royalties, and a judge stating TC Heartland was a “sea change” were in the recent intellectual property newshttp://www.managingip.com/Article/3738316/CRISPR-Apple-Nokia-Blockchain-patents-Dominion-Harbor-Quincy-Jones-TC-Heartlandthe-week-in-IP.htmlWed, 02 Aug 2017 00:15:00 GMTJudge Koh rules Samsung did not waive article of manufacture issue in Apple design patent fightThe Northern District of California has ruled that the article of manufacture issue has not been waived in Samsung’s bid for a retrial of its design patents dispute with Apple. But Judge Koh deferred consideration of whether a new trial is necessary until further briefinghttp://www.managingip.com/Article/3738301/Judge-Koh-rules-Samsung-did-not-waive-article-of-manufacture-issue-in-Apple-design-patent-fight.htmlTue, 01 Aug 2017 22:45:00 GMTIP STARS Patent Handbook (2017) is now availableThis year’s publication is the 21st edition of Managing Intellectual Property’s legal directory, and the biggest yet publishedhttp://www.managingip.com/Article/3737989/IP-STARS-Patent-Handbook-2017-is-now-available.htmlTue, 01 Aug 2017 10:30:00 GMTPTAB first-half data: Comcast tops petitioner ranking, Rovi most targeted patent ownerComcast taking its dispute with Rovi to the PTAB made them the top petitioner and patent owner at the PTAB in the first half of 2017. Apple and Samsung have fallen down the petitioner rankings while Fish & Richardson, Sterne Kessler and Finnegan dropped in the law firm rankings, with Banner Witcoff, Baker Botts and Ropes & Gray making strideshttp://www.managingip.com/Article/3737885/PTAB-first-half-data-Comcast-tops-petitioner-ranking-Rovi-most-targeted-patent-owner.htmlTue, 01 Aug 2017 00:30:00 GMTUnitary Patent and UPC: A progress report (July 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 criticisedhttp://www.managingip.com/Article/3737742/Unitary-Patent-and-UPC-A-progress-report-July-2017.htmlFri, 28 Jul 2017 10:00:00 GMTApple, WARF, Qualcomm, Google, Richard Prince, CLASSICS Act, STRONGER Patents Act, Tam – the week in IPA judge more than doubling WARF’s damages award, Qualcomm taking its Apple dispute to Europe, Google filing for a US injunction against its Canada Supreme Court loss, a judge allowing the Richard Prince copyright suit to proceed, the CLASSICS Act being introduced, the chances of success for the STRONGER Patents Act and applications for offensive trade marks were in the recent intellectual property newshttp://www.managingip.com/Article/3736664/Apple-WARF-Qualcomm-Google-Richard-Prince-CLASSICS-Act-STRONGER-Patents-Act-Tamthe-week-in-IP.htmlWed, 26 Jul 2017 21:30:00 GMT