Litigation/Dispute Resolution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2916©2017 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsMichael Shore vows to “take a wrecking ball to the IPR system”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 stayhttp://www.managingip.com/Article/3769051/Michael-Shore-vows-to-take-a-wrecking-ball-to-the-IPR-system.htmlWed, 22 Nov 2017 15:15:00 GMTFinjan, Blue Coat, Fox Television, design patents, Polaroid, Fujifilm, CASE Act, Comic-Con – the week in IPRecent US intellectual property news included a mixed jury verdict in Finjan and Blue Coat’s dispute, the Ninth Circuit Court of Appeals ruling in the trade mark case over Fox’s Empire programme, a TRO being issued in a design patent case, Fujifilm hitting back at Polaroid, support for the Copyright Alternative in Small Claims Enforcement Act, and the latest in the Comic-Con fighthttp://www.managingip.com/Article/3768776/Finjan-Blue-Coat-Fox-Television-design-patents-Polaroid-Fujifilm-CASE-Act-Comic-Conthe-week-in-IP.htmlWed, 22 Nov 2017 05:00:00 GMTConfidentiality clubs becoming more common in Indian patent disputesIP 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 Xiaomihttp://www.managingip.com/Article/3768680/Confidentiality-clubs-becoming-more-common-in-Indian-patent-disputes.htmlTue, 21 Nov 2017 17:00:00 GMTInterview: Fish & Richardson’s Dorothy Whelan on pharma PTAB proceedingsDorothy 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 PTABhttp://www.managingip.com/Article/3768040/Interview-Fish-and-Richardsons-Dorothy-Whelan-on-pharma-PTAB-proceedings.htmlFri, 17 Nov 2017 21:15:00 GMTPTAB revises procedures for Federal Circuit remandsThe 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 caseshttp://www.managingip.com/Article/3768000/PTAB-revises-procedures-for-Federal-Circuit-remands.htmlFri, 17 Nov 2017 17:00:00 GMTFederal Circuit says TC Heartland changed the lawThe 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’”http://www.managingip.com/Article/3767337/Federal-Circuit-says-TC-Heartland-changed-the-law.htmlThu, 16 Nov 2017 05:00:00 GMTApple, ITC, Bob Goodlatte, Fish IP, Fish & Richardson, Blackberry, PTAB – the week in IPRecent US intellectual property news included the ITC initiating an investigation into alleged patent infringement by Apple, Representative Goodlatte announcing he will not seek reelection, the end of a trade mark dispute between Fish IP and Fish & Richardson, Blackberry announcing a licensing deal with Teletry, and an analysis of the percentage of PTAB cases tied to district court litigationhttp://www.managingip.com/Article/3767321/Apple-ITC-Bob-Goodlatte-Fish-IP-Fish-and-Richardson-Blackberry-PTABthe-week-in-IP.htmlWed, 15 Nov 2017 23:45:00 GMTIndia’s Supreme Court pushes for faster IPR suitsDelhi 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 litigantshttp://www.managingip.com/Article/3767268/Indias-Supreme-Court-pushes-for-faster-IPR-suits.htmlWed, 15 Nov 2017 17:15:00 GMTAnalysing the assessment of novelty post-ActavisThe 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 equivalentshttp://www.managingip.com/Article/3767013/Analysing-the-assessment-of-novelty-post-Actavis.htmlWed, 15 Nov 2017 04:00:00 GMTDistrict court stays pending IPR/CBM/PGR: a review of the past 12 monthsOverall 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 statisticshttp://www.managingip.com/Article/3766994/District-court-stays-pending-IPRCBMPGR-a-review-of-the-past-12-months.htmlWed, 15 Nov 2017 00:45:00 GMTIP trends to watch in China’s Belt and Road InitiativeChina’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 routehttp://www.managingip.com/Article/3766976/IP-trends-to-watch-in-Chinas-Belt-and-Road-Initiative.htmlTue, 14 Nov 2017 21:45:00 GMTPTAB requests tribal immunity briefs, House holds hearingThe 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”http://www.managingip.com/Article/3765810/PTAB-requests-tribal-immunity-briefs-House-holds-hearing.htmlThu, 09 Nov 2017 21:45:00 GMTQualcomm, PTAB, Allergan, Samsung, Apple, Google, USTR, USPTO – the week in IPRecent US intellectual property news included Broadcom’s takeover bid for Qualcomm, the PTAB’s request for briefing over Allergan’s Native American tribe deal, the Supreme Court’s denial of Samsung’s appeal of a $120m damages award to Apple, a US district court’s ruling that Google does not have to obey a Canadian court order requiring it to take down information around the world, a trade group letter asking the USTR to prioritise trade secrets, and the USPTO’s two-year diversion pilot programmehttp://www.managingip.com/Article/3765473/Qualcomm-PTAB-Allergan-Samsung-Apple-Google-USTR-USPTOthe-week-in-IP.htmlWed, 08 Nov 2017 20:30:00 GMTPTAB round-up: steady filing; Aqua Products fall-out; precedential and informative decisions; and moreOctober 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 decisionshttp://www.managingip.com/Article/3765192/PTAB-round-up-steady-filing-Aqua-Products-fall-out-precedential-and-informative-decisions-and-more.htmlWed, 08 Nov 2017 02:15:00 GMTFlo & Eddie, USPTO, Booking.com, Oil States, Federal Circuit, trade secrets – the week in IPRecent intellectual property news included a Florida Supreme Court ruling on pre-1972 sound recordings in the Turtles copyright case, the USPTO being awarded fees in a TTAB case despite Booking.com winning, the filing of the final batch of Oil States amicus briefs, the Federal Circuit opinion involving obviousness, and a trade secrets damages award to a bread companyhttp://www.managingip.com/Article/3763986/Flo-and-Eddie-USPTO-Bookingcom-Oil-States-Federal-Circuit-trade-secretsthe-week-in-IP.htmlThu, 02 Nov 2017 18:45:00 GMTSingapore High Court rules it has no jurisdiction to revoke patentsA recent ruling made clear that Singapore’s High Court does not have original jurisdiction to hear patent revocation proceedings even if they are brought by a counterclaim in infringement proceedings. If the ruling stands, it would mean all revocation cases will have to be started at IPOShttp://www.managingip.com/Article/3763165/Singapore-High-Court-rules-it-has-no-jurisdiction-to-revoke-patents.htmlMon, 30 Oct 2017 16:45:00 GMTWhen should the USPTO intervene in PTAB appeals?The USPTO intervenes in less than a quarter of appeals of PTAB decisions to the Federal Circuit. Nathan Kelley, USPTO deputy general counsel for intellectual property law, recently shed some light on when and why the office chooses to do sohttp://www.managingip.com/Article/3762832/When-should-the-USPTO-intervene-in-PTAB-appeals.htmlFri, 27 Oct 2017 18:30:00 GMTFederal Circuit judges offer tips for PTAB appealsFederal Circuit judges discussed how they handle appeals from the Patent Trial and Appeal Board during an AIPLA session. Judge Newman also took the chance to offer a solution for the Supreme Court ruling on the pending Oil States casehttp://www.managingip.com/Article/3762807/Federal-Circuit-judges-offer-tips-for-PTAB-appeals.htmlFri, 27 Oct 2017 17:15:00 GMTInterview: Myra McCormack’s plans as AIPLA presidentMyra McCormack recently took over as president of the American Intellectual Property Law Association. Michael Loney interviews McCormack and executive director Lisa Jorgenson to hear the association’s plans for the next yearhttp://www.managingip.com/Article/3761750/Interview-Myra-McCormacks-plans-as-AIPLA-president.htmlThu, 26 Oct 2017 05:00:00 GMTPTAB extends an IPR for good cause for the first timeThe PTAB has extended the one-year deadline in Minerva Surgical v Hologic by six months. The final written decision in the inter partes review was originally set to expire two days after the Federal Circuit released its en banc Aqua Products opinionhttp://www.managingip.com/Article/3762131/PTAB-extends-an-IPR-for-good-cause-for-the-first-time.htmlWed, 25 Oct 2017 21:00:00 GMTPTAB designates three opinions addressing § 325(d) as informativeThe PTAB has designated as informative three opinions addressing its ability to reject petitions because the same prior art or arguments previously were presented to the USPTO. Some believe this helps give guidance on how to make patents “IPR proof”http://www.managingip.com/Article/3762127/PTAB-designates-three-opinions-addressing325d-as-informative.htmlWed, 25 Oct 2017 20:30:00 GMTApple, Samsung, Oil States, Federal Circuit, Uniloc, Eminem, Judge Paul Michel – the week in IPRecent intellectual property news included a new Apple/Samsung trial being ordered, the US government filing its Oil States brief, the National Party of New Zealand being judged to have ripped off an Eminem song, the Federal Circuit finding a widely-asserted Uniloc patent invalid, and Judge Paul Michel giving a dire assessment of the health of the US patent systemhttp://www.managingip.com/Article/3762107/Apple-Samsung-Oil-States-Federal-Circuit-Uniloc-Eminem-Judge-Paul-Michelthe-week-in-IP.htmlWed, 25 Oct 2017 17:45:00 GMTHighlights from AIPLA’s annual meetingManaging IP published a daily newsletter at AIPLA’s annual meeting in Washington DC. Read and download each issue, featuring keynote speech news, session reports, interviews and photos from the eventhttp://www.managingip.com/Article/3761752/Highlights-from-AIPLAs-annual-meeting.htmlTue, 24 Oct 2017 11:45:00 GMTUSPTO’s Matal hints at PTAB improvementsJoseph Matal, who is performing the duties of USPTO director, gave a speech discussing the Patent Trial and Appeal Board, including upcoming USPTO guidance on Aqua Products, how the precedential General Plastic opinion will reduce serial attacks on the same patent, the evolving 325(d) jurisprudence, and two PTAB cases he thought have a shot of being taken up by the Supreme Courthttp://www.managingip.com/Article/3761322/USPTOs-Matal-hints-at-PTAB-improvements.htmlTue, 24 Oct 2017 05:45:00 GMTLeahy and Hatch urge intellectual property legislative actionIn speeches at the AIPLA annual meeting, Senators Patrick Leahy and Orrin Hatch listed a number of areas they are targeting in Congress, while Hatch said he was concerned about the effects of IPR proceedings on Hatch-Waxman caseshttp://www.managingip.com/Article/3761320/Leahy-and-Hatch-urge-intellectual-property-legislative-action.htmlTue, 24 Oct 2017 05:30:00 GMTFunctional claiming in US patent prosecution post-WilliamsonThe impact of the Federal Circuit’s Williamson v Citrix opinion on patent prosecution in 2015 is still being felt. A session at the AIPLA annual meeting provided some tips for avoiding functional claiming, while another session focused on obviousnesshttp://www.managingip.com/Article/3761316/Functional-claiming-in-US-patent-prosecution-post-Williamson.htmlTue, 24 Oct 2017 05:15:00 GMTTRIPs Protocol on public health deadline to be extendedWTO members agreed to extend the period for acceptance of the Protocol Amending the TRIPs Agreement until December 31 2019 at the TRIPs Council meeting on October 19 to 20http://www.managingip.com/Article/3761138/TRIPs-Protocol-on-public-health-deadline-to-be-extended.htmlMon, 23 Oct 2017 13:00:00 GMTQualcomm, Apple, Saint Regis Mohawk Tribe, Amazon, Microsoft, PTAB, Oil States, SAS, Rule 36 – the week in IPRecent intellectual property news included Qualcomm suing Apple in the Beijing Intellectual Property Court, the chipmaker being fined in Taiwan, the Saint Regis Mohawk Tribe asserting SRC patents against Amazon and Microsoft, the SAS case at the Supreme Court potentially having a bigger PTAB impact than Oil States, the Federal Circuit reducing its use of Rule 36 affirmances, and the FT suggesting the troll problem is overblownhttp://www.managingip.com/Article/3760377/Qualcomm-Apple-Saint-Regis-Mohawk-Tribe-Amazon-Microsoft-PTAB-Oil-States-SAS-Rule-36the-week-in-IP.htmlThu, 19 Oct 2017 14:00:00 GMTJudge criticises Allergan’s Native American tribe deal, invalidates Restasis patentsJudge Bryson in the Eastern District of Texas has noted “serious concerns” about Allergan transferring patents to the Saint Regis Mohawk Tribe to benefit from sovereign immunity but joined the tribe to litigation against Mylan and Teva – “Allergan’s tactic, if successful, could spell the end of the PTO’s IPR program”http://www.managingip.com/Article/3760241/Judge-criticises-Allergans-Native-American-tribe-deal-invalidates-Restasis-patents.htmlWed, 18 Oct 2017 19:00:00 GMTApple’s patent loss against VirnetX bumped up to $439mThe Eastern District of Texas has added $137.3 million of wilful infringement enhanced damages, interest, costs and attorney fees to a jury award of $302.4 millionhttp://www.managingip.com/Article/3760234/Apples-patent-loss-against-VirnetX-bumped-up-to-439m.htmlWed, 18 Oct 2017 18:15:00 GMT