April 25, 2018
The US Supreme Court has decided in SAS Institute v Iancu that the PTAB must review all or none of the challenged claims. Observers say the PTAB petitioners could react to the ruling in a number of ways, and it “may increase the number of issues that bubble up to the Federal Circuit”
The US Supreme Court has ruled the IPR process at the Patent Trial and Appeal Board is constitutional, although two justices dissented and the court left IPRs open to due process arguments
April 19, 2018
Recent intellectual people moves include Marks & Clerk Canada combining with two Toronto firms, and hires by Sheppard Mullin, Arnold & Porter, King & Spalding, Fish & Richardson, Vossius & Partner and more
In its important Vanda Pharmaceuticals v West-Ward Pharmaceuticals opinion, the Federal Circuit found the claims eligible at step two of the Mayo/Alice test whereas the district court found them eligible at step one
April 17, 2018
In WesternGeco v Ion Geophysical, the Supreme Court seems prepared to overturn the Federal Circuit’s decision to limit lost profit damages abroad in the case of domestic infringement based on the presumption against extraterritoriality
April 16, 2018
Marketing decision makers globally believe online protection will become increasingly difficult in the next few years but only 64% of companies report having a strategy in place
April 12, 2018
Managing IP analyses Docket Navigator data on PTAB petitions filed in the first quarter of 2018 to reveal the most active entities and law firms
Andrei Iancu has declared “we must change the dialogue surrounding patents”, and revealed the USPTO is looking to simplify the eligibility determination for its examiners and assessing PTAB issues such as how proceedings are instituted
The German Federal Supreme Court has ruled that popular ad-blocking software AdBlock Plus does not break the country’s unfair competition rules
Recent standard essential patent developments include hopes for courts to “show muscle” in granting injunctions, the European Commission’s recent communication and proposals for alternative dispute resolutions
The UPC, second medical use patents, the doctrine of equivalents, SPCs, AI and much more were discussed at the European Life Sciences Forum
April 20, 2018
Advocate general advises CJEU that Nestlé did not produce sufficient evidence to show that Kit Kat’s three-dimensional shape had acquired distinctive character, in an opinion observers say makes tough task of attaining shape marks even harder
In this special report, Managing IP looks at how blockchain technology will change intellectual property. Ellie Mertens analyses the issues and opportunities it presents for patents, trade mark and copyright
Patent filing trends for the gene editing technology indicate a near 200% increase globally between 2013 and 2015, and a continuing boom since. Patrick Wingrove investigates what is driving this and whether a litigation war is brewing
Russia has established the national principle of exhaustion of exclusive rights to a trade mark and defined measures to protect exclusive rights that can be applied in cases of parallel imports. Darya Ermolina and Dmitry Grachyov explain what is changing and the implications for businesses
Cannabis smokers have always had a strong likelihood of confusion. This is increasingly becoming true for US cannabis-related businesses as well, with legalisation by states prompting trade mark registration questions and disputes, reports Ellie Mertens
Cannabis-related trade mark applications are soaring ahead of the enactment of legislation that will permit recreational use in Canada. Ellie Mertens investigates
Managing IP reveals this year’s leading firms for copyright and related rights advice
Patentees in India are required to submit information about the working of patents, and even face prison if it is false. Jyoti Sagar and Deepa Kachroo Tiku argue Form 27 is unnecessary
Exploring China’s stance on trade mark coexistence agreements. Read the free article https://t.co/xDIiJRgaRE… https://t.co/l3cRGTOuDN
Jacob Zhang and Li Yang of Lung Tin analyse the case of Iwncomm v Sony Mobile, in which the court made decisions ar… https://t.co/5SlftBmBDm
RT @marklemley: @vranieri My only other instance was Actavis.
April 2018
Special Report: Will blockchain revolutionise IP?
Switching to MIP International