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”
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”
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
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
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
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
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
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
July 25, 2017
From the Taj Mahal Palace Hotel to the Nokia ringtone and the stripes of 7-Eleven convenience stores, Karry Lai explains why non-traditional trade mark innovation in Asia is more than meets the eye
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
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
Takanori Abe reviews the litigation in Germany over Nichia's patent for a white LED
The association representing chartered UK trade mark attorneys has set out its wish list for registered trade marks and designs post-Brexit. It is also campaigning for representation rights after the UK leaves the EU
The Supreme Court’s TC Heartland v Kraft decision has been hailed as the death knell for the Eastern District of Texas, with one analysis predicting a 69% drop in filing there. But, as Natalie Rahhal reports, the picture may be more nuanced than that
Visit the website to read all our latest in-depth interviews with judges, in-house counsel, IP office heads and association leaders. Here’s a selection of people we’ve spoken to recently
The Beijing IP Court has issued a landmark judgment in a SEP dispute between IWNCOMM and Sony. Guanyang Yao analyses the key points
The future will increasingly be dominated by big data. But, asks Afzana Anwer, what role will IP rights play in enabling and limiting this?
Yuri Pylnev reviews a recent case in Russia that addressed the concepts of public interest and the single creative concept in design law
The Defend Trade Secrets Act turned one in May, with more than 300 complaints filed in that time. James Pooley looks back on how the law has performed and analyses which issues need to be clarified
Despite its membership of international agreements, the protection of well-known marks in Vietnam is uncertain. This situation needs to change, argue Tran Manh Hung, Tran Kieu Hoa and Le Mai Linh
Who really owns your intellectual property? Wherever in the world you are based, do not risk ignoring Germany’s Employee Invention Law, warn Matthias Weiden and Matthias Bornhäusser
Selective distribution OK where (1) resellers based on objective criteria; (2) nature of product requires it; & (3)… https://t.co/X8rI5CCoYj
Looks like all 14 UK applicants passed the exam, including several in-house practitioners interestingly. https://t.co/veAoEh3I70
@BrandsAndStuff Congratulations Lee! Planning a move to Ireland?!
Mid Year 2017
Eastern District suffers Heartland attack
Switching to MIP International