Michael Loney
- Email: mloney@euromoneyny.com
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- Company: Managing IP
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Blogger Posts
Thu, 31 January 2019
Brazil’s IP policies are not quite Madrid-ready, and many changes will need to be made before it likely joins the Protocol later this year
Wed, 30 January 2019
The choice to apply for a technical patent versus design protection in Peru is a practical one, and depends on Peruvian counterfeiters’ ability to manufacture fakes
Tue, 29 January 2019
IP law remains stable in Nicaragua, but fees at the IP office are expected to increase in 2019
Fri, 25 January 2019
From the USMCA to Mexico’s new president – as well as the appointment of an IMPI director with no intellectual property background – IP policy is being shaped by political forces to more closely align with international standards
Thu, 24 January 2019
Jamaica’s Customs Act is being updated to allow more power to fight counterfeits, but issues with storage and importers’ liability remain
Wed, 23 January 2019
The Helsinn v Teva decision confirms the on-sale bar applies to secret sales despite changed language in the AIA. This will particularly affect smaller companies that outsource manufacturing
Wed, 23 January 2019
Counsel at Steep Hill Labs, Phylos Bioscience, Medicinal Genomics and the Open Cannabis Project explain how cannabinoid innovation could be blocked by overly broad or weak patents at the USPTO, and what the industry is doing to develop, collect and record prior art
Wed, 23 January 2019
The Dominican Republic will crack down on the widespread pirated streaming of copyright-protected content, and pharma patents may not protect much without salty claims
Tue, 22 January 2019
The Colombian patent office’s fast decisions can accelerate examinations in other countries, but also complicate prior art
Tue, 22 January 2019
In 2018, partial institution at the PTAB was outlawed, the real party in interest definition expanded in scope and claim construction rules were changed. This year promises to be eventful too
Mon, 21 January 2019
The IP head at Chinese electric autonomous vehicle company NIO shared insights into passive and proactive strategies for start-ups protecting IP
Mon, 21 January 2019
A bill expected to be passed in Chile early this year introduces non-use trade mark cancellations and provisional patent applications
Sat, 19 January 2019
Managing IP rounds up the latest patent, trade mark and copyright news
Fri, 18 January 2019
Argentina is still adjusting to big procedural changes introduced to INPI by presidential decree last year. Trade marks, patents and designs are all affected
Thu, 17 January 2019
Managing IP reveals rankings for Patent Trial and Appeal Board filing last year. Apple regained the top petitioner status, Qualcomm was the top patent owner and Fish & Richardson remained the law firm involved in the most disputes
Thu, 17 January 2019
Managing IP analyses 2018 data pulled from Docket Navigator to reveal the trends in overall US patent case filing in district courts, and the top plaintiffs, defendants, law firms and attorneys
Wed, 16 January 2019
Low damages and evidence collection challenges are exacerbating bad faith trade marks in China
Wed, 16 January 2019
Counsel at the ZF Group, Philips, Siemens and elsewhere explain how the surge of domestic patents filings in China is making freedom-to-operate searches more difficult, and what they’re doing about this challenge
Tue, 15 January 2019
Lawyers from IBM and other artificial intelligence-focused businesses have welcomed the EPO’s new guidelines, but say kinks in the examination approach to the technology in Europe and elsewhere need to be ironed out and then harmonised
Mon, 14 January 2019
Stephen Lu, senior trade mark counsel at 3M, discusses how the increased focus on civil litigation to tackle counterfeits in China is affecting trade mark protection and enforcement strategies
Fri, 11 January 2019
Managing IP rounds up the latest patent, trade mark and copyright news
Thu, 10 January 2019
Video games should be protected as autonomous works, or should at least be contemplated as a separate category of work exclusively for registration purposes, believes José Roberto Herrera of Herrera Diaz Abogados
Thu, 10 January 2019
Recent intellectual property moves include hires by McDermott Will and Emery, Seyfarth Shaw, Holland & Hart, Ballard Spahr, Greenberg Traurig, Barnes & Thornburg, Perkins Coie, Cooley, Mathys & Squire, Hogan Lovells and Clyde & Co
Tue, 08 January 2019
Gowling WLG and Managing IP are holding a complimentary webinar that will explore intellectual property issues related to connected cars and autonomous vehicles. This will include discussion of the patentability of AI in automotive applications
Tue, 08 January 2019
Enforcement of law in social media channels remains uncertain and the administrative burden is still heavy for brand owners, despite China’s new e-commerce regime coming into force at the start of the year
Tue, 08 January 2019
IBM was the US patent leader for the 26th year in a row in 2018 while China was the only major patenting country to show a net increase in US grants, according to IFI CLAIMS Patent Services’ new ranking
Mon, 07 January 2019
In-house counsel say they’re ready to embrace post-grant reviews as a new wave of biologic patents filed after 2012 surges towards the industry
Sat, 05 January 2019
The US Supreme Court now has five IP cases on its docket, after agreeing to hear the USPTO’s appeal of the case involving the FUCT mark
Fri, 04 January 2019
New USPTO guidance makes two primary changes to how patent examiners apply the Section 101 test, while guidance for applying Section 112 to computer-implemented inventions was also announced
Fri, 04 January 2019
The decrease in district court patent cases was proportionally smaller last year than the year before, suggesting the volume of new patent disputes is levelling out
Fri, 04 January 2019
Recent patent, trade mark and copyright news includes an Ed Sheeran case going to trial, Qualcomm posting bonds in its dispute with Apple in Germany, a Pooey Puitton purse, whether the Carlton dance is protected by copyright, and an Israel Supreme Court decision
Thu, 03 January 2019
Nirvana is suing Marc Jacobs for copyright and trade mark infringement for its use of a smiley face logo in its Bootleg Redux Grunge clothing collection, with observers saying the fashion brand will likely rely on First Amendment defences
Thu, 03 January 2019
Josh Pond, Lisa Pearson, Matthew Meyer and Ted Davis of Kilpatrick Townsend dissect the contentious trade mark and remedy issues that split the Federal Circuit in its decision overturning the US International Trade Commission’s sneaker ruling
Wed, 02 January 2019
The USPTO in 2017 began randomly auditing US trade mark registrations upon receipt of Declarations of Continuing Use. Andrea Anderson discusses how the programme works and provides tips for what to do if you are audited
Fri, 21 December 2018
The Capitol Records v ReDigi ruling that pre-owned digital music sales infringe copyright “represents a textbook example of perceived outdated provisions of a law written prior to the digital age, enforced by judges who … are bound to interpret it as written”
Thu, 20 December 2018
We look back at some of the biggest intellectual property stories of 2018
Thu, 20 December 2018
Preparations for the UPC continue despite no German constitutional complaint ruling, an Italian ministry wants a central division in Milan instead of London, and the EU Article 50 ruling may have implications for UK participation
Wed, 19 December 2018
Mr Justice Arnold shed some light on obviousness declaration criteria in the UK in his ruling that Vectura’s patents were not obvious but were insufficient
Wed, 19 December 2018
Despite the decades-long trend of US general practice firms acquiring intellectual property boutiques, strong boutiques are expected to survive
Mon, 17 December 2018
Michael Borella assesses what the patent-eligibility landscape looks like for machine learning inventions in the US, and finds no easy answers
Mon, 17 December 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Thu, 13 December 2018
The Fuzhou Intermediate People’s Court in China has granted two preliminary injunctions against four Chinese subsidiaries of Apple for infringing Qualcomm patents
Thu, 13 December 2018
A Delaware jury finds Edwards Lifesciences infringed a transcatheter heart valve technology patent, which was ruled invalid by the PTAB earlier this year
Thu, 13 December 2018
A top EU adviser has told the CJEU it should stop German courts from applying the country’s ancillary copyright rules in a case involving Google because the EU Commission was not informed of when the legislation was introduced
Wed, 12 December 2018
Simon Portman of Marks & Clerk analyses issues that crop up for academic researchers commercialising medical technology innovation in the UK, one of the biggest of which is simply underestimating the value of their ideas
Wed, 12 December 2018
IBM’s Manny Schecter believes public awareness of intellectual property has increased but there has not been a corresponding increase in understanding
Tue, 11 December 2018
A self-service airport baggage drop system and a medical imaging apparatus were the winners at the recent DesignEuropa awards. Managing IP interviewed representatives of both winning companies about their successful products
Tue, 11 December 2018
Innovator and generics drug companies share their reaction to the judgment in Warner-Lambert v Generics. One in-house lawyer explains that it will be particularly detrimental to small innovator companies and “does not reflect the scientific reality of drug development”
Mon, 10 December 2018
Benjamin Bai of Ant Financial believes patenting pure algorithms, pure compilation of information and pure business methods will be the future of blockchain patenting
Mon, 10 December 2018
How are Nestlé and Proctor & Gamble dealing with the challenges of online counterfeiting and increased cross-border trade?
Mon, 10 December 2018
Honourable Justice Lok has revealed news of an upcoming change in Hong Kong’s High Court for IP disputes
Mon, 10 December 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Mon, 10 December 2018
The 50 most influential people in IP, the leading law firms for PCT work, an interview with USPTO director Andrei Iancu and a comparison of stays in Europe are among the highlights of our latest issue
Mon, 10 December 2018
November’s 230 petitions filed at the Patent Trial and Appeal Board was the highest monthly figure since January 2017, while the newly-formed Precedential Opinion Panel will address issue joinder
Thu, 06 December 2018
Intellectual property departments in patent-focused companies are driving greater integration of IP in the businesses through implementing better communication and education mechanisms
Thu, 06 December 2018
Talk is building of a decision from the German Constitutional Court before year-end, the UK House of Lords heard evidence about Brexit’s effect, and the Italian Council of Ministers approved national legislation to adopt the Unitary Patent Regulation and the UPCA
Wed, 05 December 2018
In what is being viewed as a “significant blow” to Cadbury, the UK Court of Appeal did not accept the confectionery company’s argument that its registration for the colour purple contained a series of trade marks
Wed, 05 December 2018
Based on the Supreme Court’s line of questioning during Helsinn v Teva’s arguments, it appears the court may part from the Federal Circuit and support a new interpretation of “on-sale”
Wed, 05 December 2018
Plans for a CRISPR patent pool in the agricultural sector have been stifled by the ECJ's July ruling that crops derived from the technology are genetically modified organisms. In-house counsel say it has made those patents less valuable
Tue, 04 December 2018
AT&T director Dave Kaufman and Interbrand valuation expert André Matías discussed best practices and considerations for IP valuation and monetisation at the ASIPI Congress
Tue, 04 December 2018
The state of standard essential patents in China, Japan and Germany, as well as challenges in patenting blockchain, were highlights from the 1st Asia-Pacific Licensing Executives Society Young Members Congress Conference
Mon, 03 December 2018
Gyimah is the 10th person to resign over the UK government’s EU Withdrawal Agreement, including previous IP minister Jo Johnson
Mon, 03 December 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Thu, 29 November 2018
In-house counsel are trying to break down silos between business departments to help them work out where they will and won’t need patents in the next five to 10 years
Wed, 28 November 2018
Andrei Iancu is one of our 50 Most Influential People in IP. He has changed the mood at the USPTO since taking over as director – and he’s not done yet
Wed, 28 November 2018
Erich Andersen recently explained the thinking behind Microsoft joining the Open Invention Network and the LOT Network
Wed, 28 November 2018
"This is an opportunity to make sure that we build upon the very real progress that has been made in providing a higher quality service to users," the EUIPO executive director tells Managing IP
Wed, 28 November 2018
António Campinos has so far succeeded in improving relations in the upper echelons of the EPO since taking over as president in July
Wed, 28 November 2018
Makan Delrahim tells Managing IP why he has shifted the DOJ's stance on standard essential patents since taking over as assistant attorney general for the antitrust division, and explains his "New Madison" approach
Wed, 28 November 2018
"Brexit has been our biggest challenge and will remain so for some time," the CEO of the UKIPO tells Managing IP
Wed, 28 November 2018
"When my view differs from that of my colleagues, and the difference is important to the law and the outcome of the case, I believe it's my judicial obligation to speak out, and to explain," Judge Newman tells Managing IP in an interview
Wed, 28 November 2018
IBM's chief patent counsel tells Managing IP about holding onto the number one patent filing spot in the US, his concerns about Section 101 and his passion for IP education
Wed, 28 November 2018
The driving force behind the controversial new Copyright Directive tells Managing IP why reform is important
Tue, 27 November 2018
Technology, life sciences and manufacturing companies say they’re increasingly bringing patent processes in house to make them more cost efficient. The challenge is working out when a function is better done internally, outsourced to private practice or split between the two
Mon, 26 November 2018
A panel of in-house and outside counsel at the ASIPI meeting in Rio de Janeiro discussed how trade mark attorneys can remain relevant in changing times
Mon, 26 November 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Fri, 23 November 2018
A sudden influx of new players with standard essential patents into the automotive market is causing conflict between automotive companies and their driverless-car suppliers over who should take a licence in the supply chain
Wed, 21 November 2018
While patent-focused companies continue to be wary of the relatively untested Chinese patent system, developments in the country’s IP offices and courts are helping
Sun, 18 November 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Wed, 14 November 2018
Warner-Lambert patent was insufficiently disclosed and would not have been infringed by generics even if the claims were valid, in a ruling that raises the bar for plausibility of Swiss form claims
Wed, 14 November 2018
November is already 2018’s record month for Patent Trial and Appeal Board filing, with 178 petitions in the month ahead of November 13’s shift to the Phillips claim construction standard
Wed, 14 November 2018
Large generics drug companies are becoming more diligent and cautious about clearing patent thickets blocking biosimilars than they have traditionally been with small molecule products
Wed, 14 November 2018
A US company backed with $100m is making a big push to monetise Chinese patents, against a backdrop of rising IP tensions between the two countries
Tue, 13 November 2018
IP professionals and board members lack a common vocabulary to properly prioritise intangible assets. A new Licensing Executives Society standard aims to fix this
Mon, 12 November 2018
Data: US patent case filing in the third quarter continued the 2018 trend of lower levels of litigation. Managing IP reveals the rankings for the first nine months of the year
Sat, 10 November 2018
The ruling that Qualcomm must license SEPs to competitors on FRAND terms helps the FTC but will also have a wider impact – upending the licensing practices of SEP owners, who have criticised the decision
Sat, 10 November 2018
The average price of a US patent is down 30% to $176,000 this year. The reason this may not be bad and what is driving “realistic optimism” among patent monetisers were some of the takeaways from the IP Dealmakers Forum
Fri, 09 November 2018
New patent office regulation to implement procedure for prosecuting utility model applications is part of the sweeping changes to Argentina’s IP statutes earlier this year
Fri, 09 November 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Fri, 09 November 2018
64% of respondents to a MarkMonitor survey believe infringement has increased in past year, prompting incorporation of new technologies in online brand protection strategies such as AI, big data, machine learning and dark web monitoring
Thu, 08 November 2018
IP is not likely to be a big focus if Hank Johnson becomes chair of House of Representatives IP subcommittee but “all bets are off” if one possibility who has been highly critical of patents is appointed
Wed, 07 November 2018
A judges panel at the Hong Kong Competition Commission conference shared experiences of use of specialist courts and mechanisms in adjudicating cases in areas including intellectual property
Wed, 07 November 2018
The number of European patent applications related to autonomous driving has grown 20 times faster than other technologies in recent years, an EPO study has found
Wed, 07 November 2018
Combining criminal and civil suits may be the answer to trade secret litigation in China, where limited discovery has made traditional, civil trade secret litigation difficult
Tue, 06 November 2018
RPC reveals that insurance patent filing is up 116% in the past five years, driven by patents related to pricing, telematics, AI and peer-to-peer insurance
Tue, 06 November 2018
Peter was deputy general counsel of A10 Networks in Silicon Valley. Her background suggests she is "on the same wavelength" as the USPTO director, suggests one observer
Mon, 05 November 2018
Large telecoms companies say the UK Court of Appeal’s decision that global licences for SEPs can be FRAND streamlines licensing while automotive firms believe it helps benchmark component prices. But more still needs to be clarified
Mon, 05 November 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Fri, 02 November 2018
Apple was the top petitioner, Qualcomm was the most-challenged patent owner and Fish & Richardson was the law firm involved in the most PTAB disputes filed in the first nine months of the year, according to data revealed by Managing IP
Fri, 02 November 2018
The US Supreme Court in Mission Product Holdings v Tempnology will consider what INTA believes is the "most significant unresolved legal issue in trademark licensing”
Thu, 01 November 2018
In a decision that will disappoint medical device manufacturers, the CJEU in the Boston Scientific case has addressed the authorisation that must form the basis of an SPC. This is in contrast to recent referrals that address what products can be protected
Wed, 31 October 2018
Rajendra Kumar and Deepak Gogia of K&S Partners examine when internet service providers are liable for infringement of intellectual property and when they are protected by safe harbours
Wed, 31 October 2018
Meaghan Kent of Venable assesses highlights from the past year in copyright, including the influence of the Supreme Court’s Star Athletica ruling, enforcement of rights by photographers, and graffiti disputes
Wed, 31 October 2018
The Rogers test has proved little impediment to defending speech rights in US trade mark cases in the past year, while the trend for disputes over dog toys has also continued
Wed, 31 October 2018
The software patent eligibility situation in the US is “a really high fence” that requires some sparkle to pass while the European test is drier
Tue, 30 October 2018
Intellectual property people moves include 13 McKool Smith practitioners setting up new litigation boutique Reichman Jorgensen, Nicola Dagg and a team from Allen & Overy joining Kirkland & Ellis in London, and more
Tue, 30 October 2018
Two recent cases have highlighted the gray areas of DMCA safe harbour rules, with one observer predicting “choppy waters for some time”
Tue, 30 October 2018
The PTAB acting chief judge and vice-chief judge advised to inform them if there has been a final claim construction determination in another forum, and revealed another update to the Trial Practice Guide will be coming in the next few months
Tue, 30 October 2018
Keith Medansky of DLA Piper shares tips on best practices for managing international trade mark portfolios including filing strategies
Mon, 29 October 2018
Sanjana Kapila rounds up the latest patent, trade mark and copyright news
Mon, 29 October 2018
Reiterating the new “markedly different” approach to questions of infringement, Lord Justice Kitchin in a recent case found that Ice-World's patent was invalid but Icescape’s temporary ice-rink would have infringed as an immaterial variant
Sat, 27 October 2018
All three issues of the AIPLA Daily Report newsletter are now available to download for free
Sat, 27 October 2018
“There is no realistic way to say we are a generalist court at this point,” Judge Chen said at a conference, while noting that the Federal Circuit is “more and more of a patent validity court”
Sat, 27 October 2018
Counsel causing too large a delay before oral hearing is scheduled, the number of issues raised on appeal, and what makes a good appellate lawyer were some of the subjects on Judge Kara Stoll’s mind at the AIPLA meeting
Fri, 26 October 2018
Cert granted in Return Mail v United States Postal Service, which asks whether the government is a "person" who may petition to institute review proceedings under the AIA
Fri, 26 October 2018
Social media is increasingly becoming a factor in e-discovery, while new sources of electronically stored information are emerging such as smartwatches and vehicle technology
Fri, 26 October 2018
“I believe that the current amendment process in AIA proceedings is not working as intended,” said Andrei Iancu, announcing a new procedure at the AIPLA Annual Meeting
Thu, 25 October 2018
Despite the landmark KSR ruling on obviousness a decade ago, it is still possible to argue inability to combine two references in patent prosecution
Thu, 25 October 2018
“Courts are looking at false advertising through a different lens because of social media,” says Jennifer Millones, chief legal officer at Newman’s Own
Wed, 24 October 2018
Karry Lai speaks with INTA's chief Asia-Pacific representative about recent policy initiatives, including targeting counterfeits and harmonising trade mark policies
Tue, 23 October 2018
Observers say the Unwired Planet ruling sets out a blueprint for licensing standard essential patents, cements the UK’s position as an attractive forum to enforce SEPs and has implications for 5G
Tue, 23 October 2018
Amicus brief in Fourth Estate v Wall-Street.com urges the Supreme Court to affirm the appeal court’s decision, which favoured the registration approach in copyright infringement litigation
Mon, 22 October 2018
In a speech, the USPTO director criticises “Orwellian ‘doublespeak’” of those who tell stories about patent trolls
Fri, 19 October 2018
The Ninth Circuit’s Stairway to Heaven opinion has already been cited in an Ed Sheeran dispute. Copyright practitioners discuss its impact and issues to watch in the retrial
Thu, 18 October 2018
NDAs, exit interviews, the DTSA and best practices were some of the trade secrets issues on which speakers offered advice at the Trade Secrets Forum 2018
Thu, 18 October 2018
The owner of an internet connection used for copyright infringement through file-sharing cannot escape liability by naming a family member who may have used the connection, the CJEU holds
Thu, 18 October 2018
Dyan Finguerra-DuCharme and Giovanna Marchese explore the circumstances under which jewellery may qualify for protection under US copyright and trade mark laws and discuss the shortcomings associated with each
Thu, 18 October 2018
Managing IP is compiling its list of the 50 most influential people in intellectual property. Who do you think should be included?
Thu, 18 October 2018
Managing IP rounds up the latest patent, trade mark and copyright news
Wed, 17 October 2018
IP Europe and a number of 5G developers have revealed six best practice principles for conducting FRAND licensing negotiations, as well as providing supplementary guidance on practices in the ICT sector
Wed, 17 October 2018
The Delaware chief judge's ruling in Power Integrations v Fairchild Semiconductor means the Federal Circuit may soon rule on the scope of the Supreme Court’s WesternGeco decision on patent damages for foreign sales
Wed, 17 October 2018
The Ninth Circuit’s Stairway to Heaven decision on September 28 offers a better application of the inverse ratio rule, according to one observer
Tue, 16 October 2018
Managing IP rounds up some of the biggest developments from the 2018 AIPPI World Congress in Cancun at the end of September
Tue, 16 October 2018
IP practitioners explain the must-haves in technology licensing agreements and why TIER could be a potential source of trouble
Tue, 16 October 2018
2018 is on course to have the lowest petition filing rate since 2013. The third quarter included the impact of SAS on institution decisions, an update to the AIA Trial Practice Guide, the departure of the PTAB chief judge and the creation of a Precedential Opinion Panel
Fri, 12 October 2018
A new Docket Navigator report assesses the impact of TC Heartland on the most popular districts for patent litigation, the number of patent cases and which districts are being affected by venue challenges
Thu, 11 October 2018
The IPO’s Women in IP Committee has developed a collection of work products encouraging the retention and advancement of women in the legal profession
Thu, 11 October 2018
The UK Court of Appeal has rejected a catalogue retailer’s infringement claim against a US company of the same name for directing adverts to UK consumers that end up on its site by mistake
Thu, 11 October 2018
Managing IP rounds up the latest copyright, trade mark and patent news
Thu, 11 October 2018
Are US hashtag marks registrable, enforceable, or worth it? Ellie Mertens investigates
Wed, 10 October 2018
The Dusseldorf District Court has overturned several preliminary injunctions against generics companies after ruling that a supplementary protection certificate did not meet SPC Regulation Article 3C requirements
Wed, 10 October 2018
The final rule changes the claim construction standard used by the PTAB to the Phillips standard used in district courts. Practitioners predict a surge in filing before it becomes effective in November
Wed, 10 October 2018
The European Patent Office has appointed Stephen Rowan as vice-president for its patent granting process
Wed, 10 October 2018
A reply by an anonymous writer with extensive knowledge of UPC and EU law to the Max Planck Institute’s impact study of Brexit on the UPC has contended that parts of the study are based on the wrong assumptions and are attacking the project. The author tells Managing IP about the reply’s main arguments
Mon, 08 October 2018
The Supreme Court has already taken on one patent case and two copyright cases. We preview those and ask what other intellectual property cases have a chance of being granted cert
Fri, 05 October 2018
The UK Intellectual Property Office has received funding that will enable it to examine how artificial intelligence could aid filing processes
Fri, 05 October 2018
Advocate general says when a generics company sends an amended summary of product characteristics with a carve out to the authorisation authority, that act has the effect of limiting marketing authorisation
Fri, 05 October 2018
A new paper has concluded that the UK cannot stay in the UPC after Brexit. Managing IP speaks to the author and in-house and private practice lawyers to unpack the important points of the research
Thu, 04 October 2018
In Rimini Street v Oracle, the definition of “full costs” awarded to prevailing parties by the Copyright Act is disputed. IP practitioners weigh in on whether the court will decide it includes only taxable costs or non-taxable costs as well
Thu, 04 October 2018
WARF’s 2015 patent damages win, bumped up to $506m by a judge last year, has been vacated by the Federal Circuit because “no reasonable juror could have found infringement based on the evidence presented during the liability phase of trial”
Thu, 04 October 2018
Managing IP rounds up the latest copyright, trade mark and patent news
Thu, 04 October 2018
The head of the Intellectual Property Office of Singapore discusses IP trends in Singapore and ASEAN, including challenges spurred by IoT and AI, and innovations to capture Belt and Road Initiative opportunities
Wed, 03 October 2018
The USMCA includes provisions for Canadian IP that extend protection for biologics and copyright, exporting what some observers see as the worst of US IP law to its northern neighbour
Tue, 02 October 2018
The Act’s provisions, most controversial aspects and differences between the House and Senate versions examined
Tue, 02 October 2018
The administration of the EUIPO’s new leader – seen as a “safe pair of hands” – will be marked largely by its approach to a post-Brexit and the post-graphical representation Europe
Mon, 01 October 2018
Judges from the UK and China discussed the weight they place on surveys and a German specialist shared guidelines for surveys that stand up in court, during an AIPPI session
Mon, 01 October 2018
In recent years, courts on both sides of the Atlantic have struggled to balance copyright owners’ rights and internet users’ freedom of information and expression in the context of linking
Mon, 01 October 2018
The differences between personality rights in China, the UK and US were compared during an AIPPI session
Mon, 01 October 2018
Judge James Robart of the Western District of Washington and Adrian Howes of Nokia in the UK discussed how to maximise the value of standard essential patents during an AIPPI session
Thu, 27 September 2018
The question in Rimini Street v Oracle is whether the Copyright Act's allowance of "full costs" to a prevailing party is limited to taxable costs or also authorises non-taxable costs
Thu, 27 September 2018
ANDA lawsuit filing spiked last year, TC Heartland is troublesome, and the USPTO's Vanda memo is promising – some conclusions from a session at our Life Sciences Forum
Wed, 26 September 2018
All three issues of the AIPPI Congress News are now available to download
Wed, 26 September 2018
Iancu says guidance is needed on patentable subject matter eligibility to get out of a “rut”, particularly on the how Section 101 is different from Sections 102, 103 and 112
Fri, 21 September 2018
Taylor Wessing’s Roland Mallinson spoke to MARQUES delegates about what they should do to prepare for a Brexit no-deal scenario if they have trade mark registrations or oppositions pending
Fri, 21 September 2018
Counsel at Lacoste, Chanel, Swarovski and Furla talked about what they look for in external counsel, clearance, mitigating infringement risk, what and when to register and enforcement at MARQUES
Thu, 20 September 2018
Speakers at MARQUES looked at non-traditional trade mark filing practices since the scrapping of the graphical representation requirement last year
Thu, 20 September 2018
The Patent Trial and Appeal Board has revised its standard operating procedures on panelling of matters and precedential and informative decisions
Thu, 20 September 2018
Senior trade mark counsel Aimee Gessner told delegates at MARQUES about how BMW uses WIPO’s uniform domain-name dispute-resolution policy to fight website trolls
Thu, 20 September 2018
Speakers at the MARQUES annual conference analysed how the European copyright legislation could raise challenges for brand owners and benefit the furniture industry. They delved into amendments made to the directive draft voted through last week
Wed, 19 September 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news, including TickBox’s $25m settlement, UGG being ruled not generic, the end of the Flanax case, and Bausch resolving its Xifaxan patent dispute with Actavis
Wed, 19 September 2018
Important pending Patent Trial and Appeal Board cases relate to issues ranging from assignor estoppel to the constitutionality of PTAB judges’ appointments
Wed, 19 September 2018
Counsel at Red Bull, Nestlé and Ferrero answered questions at MARQUES about when you should file, what to seek protection for and using surveys to protect non-traditional marks. One panellist declared: “3D marks are dead”
Wed, 19 September 2018
In-house counsel at Regeneron, Sanofi and others discussed the challenges they face and lessons learned in managing successful teams at Managing IP’s Life Sciences Forum
Tue, 18 September 2018
The English High Court has ruled that Gilead’s SPC for an antiretroviral product does not comply with Article 3(a)
Tue, 18 September 2018
Managing IP’s most recent issue includes articles on Section 101, blockchain, AI, personalised medicine, China FinTech, European trade mark cases and US patent damages
Mon, 17 September 2018
European counsel at Audi, Philips Automotive and a German car manufacturer tell Managing IP about how they’re using a combination of litigation, technology and communication to fight off the growing fake car-parts market
Mon, 17 September 2018
The president of the Chartered Institute of Patent Attorneys has sent a letter to the UK prime minister and Brexit secretary asking the government to negotiate continued participation in the EU trade marks and designs system after it leaves the bloc
Mon, 17 September 2018
The law is unclear on disclosure of vendor identification data and duty of care for e-commerce platforms, which could place a large new burden on IP owners
Fri, 14 September 2018
ISPs’ obligations in tackling illegal downloading have been clarified in Rogers Communications v Voltage Pictures. They can charge copyright holders for some steps in identifying suspected customers but not those costs incurred under the notice and notice regime
Fri, 14 September 2018
The USPTO has appealed to the Supreme Court to allow it to control immoral and scandalous trade mark registrations. Review and reversal of In re Brunetti seems unlikely because a similar issue was addressed in Tam
Thu, 13 September 2018
The questions to the CJEU concern whether YouTube has primary liability for videos uploaded without the permission of right holders, with the German judges also suggesting the platform acts as a neutral intermediary for the purposes of copyright
Thu, 13 September 2018
An association of German research institutes has concluded in a paper that extending unitary patent protection to the UK post-Brexit through an international convention would create a “fictitious unity” that is incompatible with EU law
Wed, 12 September 2018
After its rejection in July, the Digital Single Market Copyright Directive has been endorsed by the EU Parliament. But the controversial provisions contained in Articles 11 and 13 were only voted in by a narrow majority
Tue, 11 September 2018
How can reproductive technologies be protected when they relate to natural processes? Is a human gamete or embryo a “human organism” in terms of patent law? Ellie Mertens analyses the situation in the US and other jurisdictions
Tue, 11 September 2018
The US’s FIRRMA and ECRA regulations and WesternGeco v ION Geophysical ruling will make Chinese tech acquisitions and tech export to China an uphill battle
Mon, 10 September 2018
In a closely-watched CRISPR patent case, the Federal Circuit says the PTAB did not err in concluding that Broad Institute’s claims would not have been obvious over the University of California’s claims
Mon, 10 September 2018
Data pulled from Docket Navigator reveals US district court patent case filing increased in August from July, with PersonalWeb extending its lead as the year’s top plaintiff
Mon, 10 September 2018
Who will the PTAB’s new chief judge be, and what challenges will they face? Living up to Ruschke’s legacy is only the first hurdle
Mon, 10 September 2018
In the latest development in the Sky v Skykick case, the UK Court of Appeal has refused Sky’s application for permission to appeal its case and to stay the related CJEU references but left open the possibility for rights holders to appeal against EU court references in the future
Fri, 07 September 2018
The German Federal Patent Court has rejected the application for a preliminary court order for a licence to use the European patent of a US pharmaceutical company
Fri, 07 September 2018
YouTube has published a blog slamming Article 13 of the EU Digital Single Market Copyright Directive. It is unclear how the website would handle the provision making it directly liable for copyright infringement
Fri, 07 September 2018
The CJEU has dismissed a trade mark appeal over a German castle name in a decision that overrules the German Federal Court and opens the gates for other European heritage-site owners to monopolise their marks
Thu, 06 September 2018
A newsletter published by Haseltine Lake reveals autonomous vehicle patent applications have soared since 2011, with Ford leading the way. It analyses applications and grants since 1999, filing jurisdictions, and the most active companies
Thu, 06 September 2018
Leading IP and business leaders discussed the issues faced by companies with intangible assets at the core of their businesses
Wed, 05 September 2018
Panellists including David Kappos at IP Week in Singapore agreed the most important IP use for blockchain will be to record registration in order to understand who owns patents and trade marks
Wed, 05 September 2018
The heads of IP offices from the US, Singapore, China and Japan discussed their role and strategies for supporting innovation in a new economy of enterprises centred on intangible assets
Wed, 05 September 2018
The UK High Court, which transferred the Massimo Osti case to the Intellectual Property Enterprise Court on its own initiative at the triage stage, has now concluded that the IPEC is the right forum for the claim anyway
Wed, 05 September 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 05 September 2018
Eastern District of Texas jury awards $2.8m for infringement of four standard essential patents and $7.7m for infringement of one patent without a FRAND commitment
Wed, 29 August 2018
Google has already said it will appeal to the Supreme Court in the latest development in the dispute over unauthorised use of 37 packages of Oracle’s Java application programming interface
Fri, 24 August 2018
After a week of the USPTO’s electronic patent filing systems being down, the office says “the director will prescribe a procedure that will allow you to seek a refund of the paper filing fee”. But some observers say this will be tricky
Thu, 23 August 2018
Managing IP explores how blockchain innovations are being protected with IP, and also pose unique challenges to patents, trade marks, copyright and trade secrets
Wed, 22 August 2018
The general counsel at smartphone-only bank Monzo tells Managing IP about the IP requirements of a high-growth financial start-up – such as finding proactive external counsel, protecting assets in the open-source era and ensuring tactics develop as the business scales
Wed, 22 August 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Tue, 21 August 2018
The combined law firm will have about 175 IP lawyers after the deal’s expected November completion
Tue, 21 August 2018
A copy of the original analogue sound recording will rarely exhibit the necessary originality to qualify for independent copyright protection, writes Judge Richard Linn, sitting by designation
Tue, 21 August 2018
David Stone discusses the difficulties of registering and enforcing shape trade marks in the European Union
Tue, 21 August 2018
Hold was the Dean of external relations, member of the president's board and lecturer on international trade at the University of St Gallen
Tue, 21 August 2018
Managing IP explores the foreseeable impact of the US Supreme Court’s rulings in WesternGeco v Ion Geophysical and TC Heartland v Kraft on patent damages awards
Tue, 21 August 2018
The Chinese tech company’s IP leader explains to Karry Lai why his focus has shifted more to patent and trade secret protection from copyright and internet IP. He says a big focus is good quality patents to compete on the world stage
Fri, 17 August 2018
Court says the PTAB was wrong to decide that voluntary dismissal without prejudice of a civil action in which the complaint was served “does not trigger” the one-year time bar under Section 315(b)
Thu, 16 August 2018
David Ruschke, who has been Patent Trial and Appeal Board chief judge since 2016, has been given a role intended to improve the free flow between the Patents and PTAB business units at the USPTO
Wed, 15 August 2018
Data published by Haseltine Lake reveals trends in European patent oppositions in 2017, as well as data on opponents, opposed patents, IPC subclasses and decisions
Wed, 15 August 2018
The end of the Eastern District of Texas’s dominance in US patent case filing has been made clear this year, with the district’s 11.8% of cases filed in the first six months placing it well back from Delaware’s 19.9%
Wed, 15 August 2018
The USPTO is seeking across-the-board fee increases, as well as a new fee surcharge for filing in a non-DOCX format and an annual active patent practitioner fee
Wed, 15 August 2018
AIA Trial Practice Guide changes attracting the most attention are patent owners getting sur-replies and the opportunity to present a brief sur-rebuttal at the oral hearing, giving them the final word in PTAB proceedings
Tue, 14 August 2018
Chinese competitor Elec-Tech found to have stolen trade secrets related to Lumileds technology for making high power LEDs used in flash phones and headlights
Mon, 13 August 2018
European in-house counsel at Novartis, DSM and other generics and originator manufacturers tell Managing IP about the prospects and problems of individual treatments, particularly as AI plays a bigger role in making them
Mon, 13 August 2018
Karry Lai speaks with the newly appointed IP attaché at the US Embassy Beijing to better understand the USPTO’s work in China in addressing concerns of US rights holders
Fri, 10 August 2018
Businesses are pushing to amend Brazil’s industrial property law in order to increase prison sentences for trade mark, industrial design, and patent infringement
Fri, 10 August 2018
Intellectual property moves include McDermott Will & Emery’s head of trade secrets moving to DLA Piper, administrative patent judge Lora Green joining Wilson Sonsini Goodrich & Rosati and hires by Latham & Watkins, Ropes & Gray and more
Thu, 09 August 2018
The USPTO will likely ask the Supreme Court to clarify the “scandalous and immoral” provision of Section 2(a) of the Lanham Act once and for all
Wed, 08 August 2018
US patent case filing was down in the first half of 2018. We examine the number of cases, types of defendants and Federal Circuit decisions affecting filing trends
Wed, 08 August 2018
Modified crops can continue to be patented in Europe after the CJEU’s ruling that they should be regulated by the GMO directive, but stringent regulation could make those patents less valuable than agri-firms once hoped
Wed, 08 August 2018
Copying work onto a server and uploading it is deemed “communication to the public" in a decision that also distinguishes between hyperlinking and posting online under copyright law
Wed, 08 August 2018
The parties agree “that, with limited exceptions, no new litigation will be brought over patents or copyrights related to existing products, for five years”
Tue, 07 August 2018
The CJEU attempted to clarify the meaning of “protected by a basic patent” in Teva v Gilead, but practitioners and in-house counsel say it raises more questions than it has answered including a new test that is not clear
Mon, 06 August 2018
SIPO’s stats for the first half of 2018 highlight growth in patent filings but practitioners are concerned about quality
Mon, 06 August 2018
In a ruling that leaves unanswered questions about right holders’ future ability to enforce online, ICANN’S request for a preliminary injunction to make one of its registrars collect data on new registrants has been denied
Mon, 06 August 2018
Apple tops – while Google, LG Electronics and Intel climb – the petitioner rankings in the first half. Fundamental Innovation Systems is most targeted patent owner, Fish & Richardson is the top petitioner law firm and Irell & Manella is the top patent owner law firm
Mon, 06 August 2018
Managing IP reveals the top plaintiffs, defendants and law firms in US patent cases in the first half of 2018, as well as the district breakdown. Uniloc has slipped down the plaintiff rankings, Apple is the top defendant and Stamoulis & Weinblatt has risen to the top of the plaintiff firm rankings
Mon, 06 August 2018
WiLAN got “every penny we asked for,” WiLAN counsel Mike McKool tells Managing IP, “because we were reasonable.” By estimating damages too low, Apple may have poisoned its case
Fri, 03 August 2018
July included 127 petitions filed, the Federal Circuit making it harder for RPX and Unified Patents to file IPRs, and two noteworthy decisions on public accessibility
Thu, 02 August 2018
The Patent Trial and Appeal Board’s institution rate was 58.4% in the first two calendar months after the Supreme Court ended the practice of partial institution – down from the 2018 fiscal year rate of 62% up to the end of April
Thu, 02 August 2018
Copyright flexibility throughout the EU could be seriously limited if the CJEU follows the Advocate General’s reasoning behind his opinion that taste should not be copyright protected. One lawyer describes it as the “right decision based on flawed logic”
Thu, 02 August 2018
The 101 invalidity data for US district courts, the Federal Circuit and PTAB so far in 2018 reveals a dramatic fall in patent invalidation on subject matter eligibility grounds
Thu, 02 August 2018
RPX has revealed data on the fairness of US jury verdicts, with defendants winning in the Eastern District of Texas 50% of the time – a more balanced figure than nationwide
Thu, 02 August 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 01 August 2018
IP Week is taking place September 4-8 in Singapore, where more than 3,000 participants will debate issues surrounding IP in the innovation cycle
Wed, 01 August 2018
IBM’s win in its first patent suit to go to jury trial in 20 years may make efficient infringers think twice before rejecting licensing agreements, its lawyer John Desmarais says
Wed, 01 August 2018
Managing IP rounds up developments related to the Unified Patent Court and Unitary Patent in July
Tue, 31 July 2018
Among the findings of the IP Strategy Report 2018 from Aistemos are insights into disruption in IP: new entrants are seen as the most likely source while AI is seen as the leading technology that could disrupt IP businesses
Mon, 30 July 2018
More than 50% of in-house survey respondents agree that IP litigation costs could have a material impact on their businesses but only 7% purchase IP insurance, according to a Willis Towers Watson report
Mon, 30 July 2018
The Federal Circuit’s reasoning in finding that tribal sovereign immunity cannot be asserted in IPRs may be used to argue the same for state universities seeking immunity from the PTAB
Fri, 27 July 2018
Nantkwest v Iancu opinion states patent applicants that bring Section 145 challenges in district court are not compelled to pay USPTO attorneys’ fees
Fri, 27 July 2018
IPEC has ruled that LNDR is not inherently descriptive as an abbreviation in a case that highlights the growing reliance on social media in trade mark litigation and the efficiency of the court
Thu, 26 July 2018
Regulation No. P-183/2018 implements part of the amendments introduced in January, which made several changes to the trade mark, patent and design patent laws
Thu, 26 July 2018
The Federal Circuit has ruled the Patent Trial and Appeal Board takes too narrow a view in real party in interest disputes, in Applications in Internet Time v RPX
Thu, 26 July 2018
Judge Plager criticises “incoherent body of doctrine”, noting the problem with trying to define “abstract ideas” is that, “as applied to as-yet-unknown cases with as-yet unknown inventions, it cannot be done except through the use of equally abstract terms”
Thu, 26 July 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Thu, 26 July 2018
In-house counsel from L'Oréal, Avon, and Louis Vuitton recently shared what they look for from their outside counsel, as well as habits to avoid
Wed, 25 July 2018
The meaning of “protected by a basic patent” has been clarified in Teva v Gilead, in a return to familiar ground
Wed, 25 July 2018
More clarity in calculating damages in standard essential patent disputes could have made the judgment a more powerful precedent, according to India practitioners
Wed, 25 July 2018
A top EU court adviser has recommended that the taste of cheese not be protected by copyright and that protection should only be applied to work that is seen or heard
Wed, 25 July 2018
Nestlé did not produce sufficient evidence to show that Kit Kat’s three-dimensional shape had acquired distinctive character, the CJEU rules, in a case that makes it clear the test for acquired distinctiveness is different from the test for non-use
Wed, 25 July 2018
The English High Court has extended a live blocking injunction for UEFA less than a week after it extended a similar order for the English Premier League. Other sports such as Formula One are tipped to follow suit
Tue, 24 July 2018
Legal and financial professionals advised start-ups where to put IP to avoid falling into tax traps at this year’s Unbound London conference
Fri, 20 July 2018
Allergan is not protected from PTAB review by the Saint Regis Mohawk Tribe’s sovereign immunity, says the appeals court in a ruling that relies on the Supreme Court’s FMC opinion
Fri, 20 July 2018
ICANN is attempting to force one of its domain name registrars to collect data on new registrants in an effort to maintain the integrity of the WHOIS platform, used by rights holders to aid online enforcement
Fri, 20 July 2018
The English High Court has extended a live blocking injunction for the Football Association Premier League, showing that such injunctions are here to stay but adds nothing about who should pay for them
Thu, 19 July 2018
The High Court has validated a Philips standard essential patent, making it “two-one to Philips as it moves towards the FRAND trial” in its litigation with Asus and HTC
Thu, 19 July 2018
A Lex Machina report reveals trade secret case filing figures after passage of the DTSA, as well as the largest ever damages awards and top plaintiff and defendant law firms
Thu, 19 July 2018
The decision in Bilfinger v Edinburgh Tram Inquiry reinforces the need to keep trade secrets under wraps, even when a company must prove they are secrets
Thu, 19 July 2018
In a webinar hosted by Managing IP and RWS, Justin Simpson of RWS and founder of inovia and Xia Zheng of AFD China Intellectual Property discussed filing trends and tips for non-Chinese applicants
Thu, 19 July 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 18 July 2018
New data reveals that findings of invalidity and the success of 101-based motions to dismiss have dropped since Berkheimer, the most important US subject matter eligibility case of 2018
Wed, 18 July 2018
Issues and tips for brand owners tackling parallel imports in China, Hong Kong and Japan were outlined in a Hogan Lovells webinar
Wed, 18 July 2018
A report released by the Intellectual Property Office details trends in patent, trade mark and design filing between 1995 and 2017
Wed, 18 July 2018
AI intersects with copyright in two ways: protecting AI software by registering the source code as a copyright and determining liability and ownership of AI-generated creative works
Tue, 17 July 2018
Appointment expected to be a formality after European Council permanent representatives committee votes for acting EUIPO executive director to take role permanently
Tue, 17 July 2018
Joseph Siino, president of patent pool manager Via Licensing, tells Managing IP about his peace plan to end wireless patent wars, the impact of China and the coming challenges of 5G technology
Tue, 17 July 2018
Evidence collection remains the primary challenge when it comes to trade secret litigation. Managing IP asks law firm practitioners and in-house counsel how this area of IP is evolving in China
Mon, 16 July 2018
In-house counsel, private practice lawyers and scientists discussed life sciences advancements such as the move towards personalised medicines, at the Hogan Lovells Life Sciences Summit
Fri, 13 July 2018
Managing IP analyses the three IP decisions out of the US Supreme Court in the term just ended, and previews next term and the impact of Justice Kennedy’s retirement
Fri, 13 July 2018
The High Court has invalidated one of Philips’s SEPs, making it “one all with one more patent to go” in its litigation with Asus and HTC
Thu, 12 July 2018
Managing IP assesses how the Federal Circuit has responded to SAS Institute v Iancu in appeals from the Patent Trial and Appeal Board
Thu, 12 July 2018
The Patent Trial and Appeal Board has designated five decisions as informative, two ex parte review and three inter partes review decisions
Thu, 12 July 2018
The UK government’s new white paper outlines what it wants from intellectual property after it leaves the EU – but some IP professionals feel it doesn’t say enough
Thu, 12 July 2018
June included an increase in Patent Trial and Appeal Board petition filing, two PTAB-related bills being introduced in Congress and the first reversal of a PGR final written decision
Wed, 11 July 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 11 July 2018
New research suggests young people are infringing less and indicates that more people are paying for content
Wed, 11 July 2018
Lucy Songi speaks to Astrid Gérard (Preu Bohlig & Partners), Sandra Pohlman (df-mp), Christine Kanz (Hoyng Rokh Monegier) and Cordula Schumacher (Arnold Ruess) about gender inequality in the German workplace and whether new laws addressing this issue are effective
Tue, 10 July 2018
Managing IP’s most recent issue includes articles on the Patent Trial and Appeal Board, autonomous vehicles, the Cartier v BT ruling, artificial intelligence, US patent marking, Guangdong High People’s Court guidance for SEP disputes, and the preclusive effect on TTAB proceedings
Mon, 09 July 2018
MEPs rejected a controversial committee proposal to begin negotiations to update copyright laws for the digital age
Mon, 09 July 2018
Recent intellectual property people moves include the launch of new firm Peroff Saunders and hires by King & Spalding, Fenwick & West, Holland & Hart, Goodwin, Maier & Maier, FisherBroyles, Barnes & Thornburg and Wynne-Jones IP
Mon, 09 July 2018
Karry Lai speaks to the luxury brand’s civil enforcement head in China about tackling imitation counterfeits and strategies for trade mark protection
Wed, 04 July 2018
IP lawyers in Japan say the standard essential patent guidelines are a good start but will not have much case impact because they are not legally binding
Tue, 03 July 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Mon, 02 July 2018
INTA is "extremely disappointed" with WTO ruling that plain packaging measures in Australia promote the improvement of public health and do not infringe companies’ intellectual property rights
Mon, 02 July 2018
Justin Simpson of RWS and Xia Zheng of AFD addressed a range of issues in a recent webinar hosted by Managing IP, including trends in China’s PCT application data, types of patent protection and enforcement methods
Mon, 02 July 2018
The US moves to join dozen of other countries in allowing visually impaired people to make and distribute copyrighted works in an accessible format without copyright owners’ permission
Fri, 29 June 2018
Managing IP rounds up developments related to the Unified Patent Court and Unitary Patent in June
Fri, 29 June 2018
The response document noted that there was disagreement on how to interpret some terms and over licensing provisions
Thu, 28 June 2018
RWS and Managing IP hosted a webinar on China IP trends on June 28, which revealed WIPO data and discussed important strategies for filing in China
Thu, 28 June 2018
A ruling that the EUIPO should have taken its past decisions into account and told Puma why it chose to discount those decisions will help practitioners and brand owners, but it also raises the stakes in EUIPO proceedings
Thu, 28 June 2018
Apple v Samsung has finally ended, with the two parties telling Judge Koh in a filing they have resolved their remaining legal dispute
Thu, 28 June 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 27 June 2018
The CJEU set several precedents for the specific mechanism’s scope over supplementary protection certificates, in a decision IP attorneys say cements the connection between SPCs and basic patents
Wed, 27 June 2018
The court in Helsinn v Teva will rule on the issue of whether the confidential sale or license of a not-yet-patented technology or process qualifies as prior art under the AIA
Tue, 26 June 2018
A man who claimed his domain name was “illegally seized” by the French government has also had his France.com sign rejected by the EUIPO after the French government opposed it. Can he defend his other EUIPO-registered marks?
Tue, 26 June 2018
Karry Lai speaks with the US conglomerate’s China IP counsel to find out about challenges in patent litigation, what Patent Law changes he would like to see and how big picture thinking has been key to his success
Tue, 26 June 2018
Social media is an integral part of any modern marketing campaign. Managing IP identifies some success stories and some blunders that brands have made
Tue, 26 June 2018
The proposed system to stop a GDPR-caused block on access to website holders’ data could introduce fees and tip off online infringers. It’s also uncertain whether rights holders would get access
Fri, 22 June 2018
WesternGeco v Ion Geophysical opinion finds the focus of section 271(f) is domestic infringement, and the fact that the remedy – lost profits damages – may apply abroad is “incidental”, in a decision observers say creates the opportunity to seek much larger damages awards
Thu, 21 June 2018
Patent and SPC holders can stop parallel imports from new EU states to old ones if equivalent protection wasn’t available for patents at the time of filing but was for SPCs, CJEU rules in Pfizer v Orifarm
Thu, 21 June 2018
The Hatch-Waxman Integrity Act of 2018 would require a generic manufacturer wishing to challenge a brand-name drug patent to choose between Hatch-Waxman litigation and IPR, which one observer describes as a “Hobson’s choice”
Thu, 21 June 2018
In a landmark decision, the Swiss Federal Supreme Court confirmed the validity of Gilead’s Truvada SPC and ruled that future SPCs for combination products must meet CJEU case law requirements
Wed, 20 June 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 20 June 2018
The draft includes controversial provisions set out in in articles 11 and 13 – also known as the press publishers right and value gap proposal – which were approved by small majorities
Tue, 19 June 2018
The big questions remaining after the Supreme Court’s SAS ruling include how institution rates will change, how strategy at the Board should evolve and how district courts and the Federal Circuit will react. Michael Loney investigates
Tue, 19 June 2018
MARQUES shared tips at a seminar to ensure UK IP professionals avoid common pitfalls in the system that came into force for the UK this month
Tue, 19 June 2018
Karry Lai speaks with observers to get their views on how Alibaba and the Chinese government can improve anti-counterfeiting
Fri, 15 June 2018
The UK Supreme Court has ruled that brand owners must pay the costs of ISPs blocking sites that sell counterfeit goods. But how big are these costs and will the ruling apply to copyright injunctions?
Thu, 14 June 2018
After the Supreme Court decision in B&B Hardware, Julia Anne Matheson and Cathy Liu of Hogan Lovells examine a case considering whether a court decision can have preclusive effect on a TTAB proceeding
Thu, 14 June 2018
Memorandum addresses the question of how to evaluate the patent eligibility of method of treatment claims in light of the Federal Circuit decision in Vanda
Thu, 14 June 2018
RWS and Managing IP are hosting a webinar on China IP trends on June 28
Thu, 14 June 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 13 June 2018
In Cartier v BT, the court rules internet service providers are “innocent intermediaries” that do not have to bear the costs of blocking access to websites making infringing goods available for sale
Tue, 12 June 2018
The case now heads back to the court in The Hague, after the CJEU holds Louboutin's mark does not relate to a specific shape
Tue, 12 June 2018
The draft Directive on Copyright in the Digital Single Market was not supported by some countries and also provoked mixed reactions from the IP industry – particularly around Article 13, known as the value gap proposal
Tue, 12 June 2018
We spoke to lawyers in China to ask what the guidelines mean for patent litigation, especially in chemical/pharmaceutical cases
Mon, 11 June 2018
The $539 million award to Apple in May surprised the design patent world. The question now is whether the Federal Circuit will adopt the same test for calculating damages or come up with a new one
Mon, 11 June 2018
A French court has issued a preliminary injunction against Teva’s generic anti-hypertensive drug and awarded €13 million as an advance on damages
Mon, 11 June 2018
Karry Lai talks to Ying about the challenges of managing consumer-generated IP in the digital age and strategies to fight trade mark squatters
Fri, 08 June 2018
The best women lawyers in the Americas gathered at the JW Marriott Essex House hotel in New York to celebrate the achievements of women across firms, practice areas and jurisdictions
Fri, 08 June 2018
Post-Oil States PTAB filing increases while district court patent case filing slumps to lowest figure this year
Thu, 07 June 2018
The CJEU tells a Hamburg regional court which factors to consider when deciding if the German whisky Glen Buchenbach can keep its name
Thu, 07 June 2018
Chief Judge Ruschke reveals 44% of pending cases were not instituted on all grounds and that the Board has already granted more than a dozen extensions to trials in response to SAS
Thu, 07 June 2018
The PTAB has de-designated Idle Free and Master Image in response to Aqua Products. Fiscal year 2018's first half set a motion to amend record for two consecutive quarters
Thu, 07 June 2018
Some of the 11 International Trade Commission rule changes simply formalise existing practices. Others may cause complainants to rethink their approach
Thu, 07 June 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 06 June 2018
Recent intellectual people moves include Allen & Overy's head of IP joining Kirkland & Ellis, and hires by Orrick, Latham & Watkins, Paul Hastings, Perkins Coie, Marks & Clerk and more
Wed, 06 June 2018
In addition to the European Commission’s proposed Supplementary Protection Certificates waiver, we identify the biggest SPC cases and analyse Brexit’s implications
Tue, 05 June 2018
Artificial intelligence's impact on patents is twofold: AI advancements can be protected and the technology can be applied to eliminate inefficiencies in the patent space. Managing IP investigates
Mon, 04 June 2018
Singapore rejected the doctrine of equivalents in a recent patent case. Karry Lai analyses the decision and asks how other Asian jurisdictions view the doctrine
Mon, 04 June 2018
Managing IP rounds up developments related to the Unified Patent Court and Unitary Patent in May
Mon, 04 June 2018
Changes to the Benelux trade mark system came into effect on June 1. Observers are particularly keen to see how the expanded grounds for filing oppositions will play out
Thu, 31 May 2018
The proposal to introduce an export manufacturing waiver for Supplementary Protections Certificates could cause more problems than it solves
Thu, 31 May 2018
Karry Lai talks with Michael Ding, ABB’s head of IP operations for Asia, the Middle East and Africa, about trends in software patents and trade secret protection in China
Thu, 31 May 2018
Managing IP rounds up the biggest recent patent, trade mark and copyright news
Wed, 30 May 2018
Lucy Songi speaks to leading female practitioners from De Clercq & Partners, Properta Attorneys, Spoor & Fisher and Gowling WLG about their experiences in IP and advice for women considering a career in this field
Wed, 30 May 2018
A new Hogan Lovells report reveals what brands think about artificial intelligence, with views differing around the world
Tue, 29 May 2018
A new Patsnap report reveals the leading jurisdictions and companies for electric vehicle related patent applications
Tue, 29 May 2018
Jack Chang shares his priorities for 2018 with Karry Lai, including China’s e-commerce law enactment, recommendations for changes to the Trademark Law and increasing transparency in public prosecutions concerning IP crime
Wed, 23 May 2018
The Rubik’s 3D shape mark case is not the only dispute shaping trade mark law
Wed, 23 May 2018
Speakers from the NFL, NBA and Barcelona soccer club say enforcement against counterfeit sports goods is becoming more difficult, with a shift towards mobile ecommerce and social media providing copycats with news ways of targeting consumers
Wed, 23 May 2018
What trade mark cases have defined the trade mark landscape in Europe in the past year? This question was addressed by a panel at this year’s INTA Annual Meeting
Wed, 23 May 2018
Scandalous, immoral and disparaging marks are all now fair game, but the question of dilution is less clear. A speaker at the INTA Annual Meeting also questioned why the government didn’t use Section 7 of the Lanham Act to bolster its argument in Tam
Tue, 22 May 2018
85% of all colour marks registered with the EUIPO would be invalid if the EU General Court judgement in the Red Bull case is confirmed
Tue, 22 May 2018
Madrid applications were up 5% in 2017, while Afghanistan recently became the 101st member of the Madrid System
Tue, 22 May 2018
Gloria Niembro Castro and Santiago Zubikarai Gonzalez Mariscal of Basham, Ringe & Correa, S.C. examine reforms to Mexico’s Industrial Property Law, analyzing the effect of the changes on industrial designs, geographical indications and trademarks
Tue, 22 May 2018
Two legal practitioners evaluate whether opposition should occur before or after trademark registration, weighing up the advantages and disadvantages of both scenarios
Mon, 21 May 2018
A panel at the INTA annual meeting looked at how copyright can aid brand owners in trade mark enforcement in China, Europe and the US
Mon, 21 May 2018
The lively INTA Professor v Practitioner debate had one side arguing that marijuana brands need federal rights to protect consumers and the other countering that national protection is not needed because consumers are protected by hefty industry regulation
Sun, 20 May 2018
We ask John Welch of Wolf Greenfield to identify the biggest TTAB cases last year. He says fraud and proportionality are issues to watch this year
Sun, 20 May 2018
While the Supreme Court settled the issue of disparaging marks, Section 2(a)’s prohibition against immoral or scandalous marks is still being contested. The Federal Circuit last month declined to hear the Brunetti case en banc
Sun, 20 May 2018
The amendments will give protection to new trade mark types, such as sound and smell, colour combinations and holographic signs
Sun, 20 May 2018
One provision in Canada's national intellectual property strategy is to prevent the misuse of the registration system such as instances of “trademark squatting"
Sun, 20 May 2018
SIPO will be responsible for facilitating the creation of an IP rights protection system, and the registration and administrative adjudication of trade marks, patents and geographical indications
Sun, 20 May 2018
Zhang Xuan, founder of IP House, analyzes data and trends relating to the malicious registration of trademarks
Sun, 20 May 2018
The Managing IP team was in Seattle, reporting the latest news and highlights from the INTA Annual Meeting
Fri, 18 May 2018
The main change from the draft is the introduction of a new third regulation that seeks to set out the relationship between trade secrets and the existing law of confidential information
Fri, 18 May 2018
Binal Patel and Kirk Sigmon discuss strategies that companies can use to mark products with indications of applicable patents
Fri, 18 May 2018
Binal Patel and Kirk Sigmon discuss common patent marking pitfalls in the US, offering advice on how to avoid them
Thu, 17 May 2018
Triggerballs’ failed attempt to register a 3D mark for its massage ball follows a growing trend of reluctance for EU courts to grant trade mark rights in shapes
Thu, 17 May 2018
The US is predicted to lose its status as the world’s largest foreign trade mark filer in the next two years, while Huawei was the top Chinese brand filer in 2017
Wed, 16 May 2018
Singers and songwriters received support for the Music Modernization Act at a Senate Judiciary Committee hearing. The question appears to be when the Senate will pass it, not if, but critics point out shortcomings
Wed, 16 May 2018
The plaintiff bears the burden of proving venue in patent cases and venue is only proper for a corporation registered in a multiple district-state in the district where it has its principal place of business, the Federal Circuit ruled in ZTE and BigCommerce
Wed, 16 May 2018
Managing IP rounds up the biggest patent, trade mark and copyright news from the past week
Wed, 16 May 2018
Does YouTube or the uploader make the act of public communication? The German Federal Court of Justice will decide
Tue, 15 May 2018
Ben Ni of King & Wood Mallesons gives an overview of the guideline for trial of standard essential patent dispute cases, which incorporates rules established in cases worldwide
Tue, 15 May 2018
Patent owners may not benefit from the proposed shift to the Phillips claim construction standard at the PTAB if it increases the chance of a stay and leads to a less nuanced Markman construction
Mon, 14 May 2018
The Federal Circuit has affirmed the PTAB’s invalidation of claims of three patents involved in the WesternGeco v Ion case at the Supreme Court
Mon, 14 May 2018
Changes to Korea’s Unfair Competition Prevention Act follow a 2016 Supreme Court ruling relating to trade dress
Mon, 14 May 2018
A blackout of the ICANN WHOIS platform as a result of the General Data Protection Regulation would result in a field day for bad actors to purchase and misuse domain names
Fri, 11 May 2018
The chief IP counsel of the fintech leader tells Managing IP about the challenges of blockchain and AI patent filing
Fri, 11 May 2018
Hatch-Waxman pharma patent litigation filings last year rose to near-2015 levels. Lex Machina’s new ANDA litigation report also reveals data on judges, plaintiffs, defendants and law firms
Thu, 10 May 2018
Applying artificial intelligence can solve many trade mark problems. But will the integration of AI result in more questions than answers?
Thu, 10 May 2018
Managing IP’s most recent issue includes a look at how technology is changing counterfeiting, C&D letter successes and failures, our awards winners, SEP licences in Europe after Huawei v ZTE, Mexico’s amended trade mark opposition system and more
Wed, 09 May 2018
For this edition of the Women in IP Interview, Lucy Songi speaks to Imogen Fowler (Hogan Lovells), Mireille Buydens (Janson Baugniet) and Ellen Shankman (Ellen B Shankman & Associates) about their experiences and what advice they would offer to up-and-coming IP practitioners
Thu, 03 May 2018
An intellectual property strategy unveiled in Canada includes a provision aimed at preventing the rise of trade mark trolls, in response to soaring all-class applications
Thu, 03 May 2018
Managing IP rounds up the biggest patent, trade mark and copyright news from the past week around the globe
Thu, 03 May 2018
Lack of experience and funds mean intellectual property is often neglected by start-ups. Managing IP asks a few of them how they approach IP strategy
Tue, 01 May 2018
Managing IP asks John Welch, Trademark Trial and Appeal Board blogger and counsel at Wolf Greenfield, about 2017 decisions and what issues to watch this year
Tue, 01 May 2018
The sale of RPX to HGGC at $10.50 per share follows a review of strategic alternatives by the board
Mon, 30 April 2018
Innovator drug companies will face challenges but complementary guidelines benefiting innovators, including a potential five-year patent term extension, may pacify concerns
Fri, 27 April 2018
Advocate General Wathelet has rejected the UK court’s suggestion that “core inventive advance” is a relevant consideration in determining whether a basic patent protects an active ingredient within the meaning of Article 3(a)
Fri, 27 April 2018
Guidance includes stipulating that for pending trials in which a panel has instituted only on some challenges in the petition, the panel may issue an order supplementing the institution decision to institute on all challenges raised in the petition
Fri, 27 April 2018
The UK government ratifying the agreement to establish a Unified Patent Court for Europe shows it is serious about the court. The big uncertainty now is a German constitutional complaint against the UPC
Thu, 26 April 2018
In-house counsel tell Patrick Wingrove how their strategies for fighting counterfeits are evolving
Thu, 26 April 2018
In-house counsel in Europe explain to Patrick Wingrove how they decide when to enforce their patent portfolios
Thu, 26 April 2018
Barring an en banc review or Supreme Court intervention, the three-year monkey selfie saga has come to a close, with the animal’s copyright claims denied
Wed, 25 April 2018
The German Federal Supreme Court has ruled that popular ad-blocking software AdBlock Plus does not break the country’s unfair competition rules
Wed, 25 April 2018
Our PTAB Forums in New York on May 3 and Palo Alto on May 8 will include analysis of this week’s two Supreme Court rulings. The forums are free for in-house counsel to attend
Wed, 25 April 2018
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
Wed, 25 April 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”
Wed, 25 April 2018
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
Wed, 25 April 2018
The UPC, second medical use patents, the doctrine of equivalents, SPCs, AI and much more were discussed at the European Life Sciences Forum
Fri, 20 April 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
Thu, 19 April 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
Thu, 19 April 2018
India’s Patent Office is gathering input on reforming Form 27. IP practitioners hope changes to the burdensome statement regarding the working of the patented invention will come this year
Thu, 19 April 2018
Managing IP rounds up the biggest patent, trade mark, copyright and trade secrets news from the past week around the globe
Thu, 19 April 2018
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
Wed, 18 April 2018
Legislation that amends Mexico’s trade mark opposition system is expected to improve the still-new system but Mexico's IP practitioners say many issues remain, reports Ellie Mertens
Wed, 18 April 2018
1,072 patent cases were filed in US district courts in the first quarter of 2018, down from 1,087 in the fourth quarter of 2017
Wed, 18 April 2018
Abolition of Australia’s innovation patent system is still possible but potential options to improve it are also not ruled out
Tue, 17 April 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
Mon, 16 April 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
Fri, 13 April 2018
Super Union Holdings will appeal German PTO ruling that “Black Friday” lacks distinctiveness and is not suited to identify commercial origin
Fri, 13 April 2018
The Chartered Institute of Trade Mark Attorneys’ new president, Tania Clark, shares her vision for the organisation with Managing IP – including taking advantage of Brexit and adapting to new technologies
Thu, 12 April 2018
Managing IP rounds up the biggest patent, trade mark, copyright and trade secrets news from the past week around the globe
Thu, 12 April 2018
Managing IP is holding two PTAB Forums on May 3 and 8. They are free for in-house counsel to attend and include sessions on trial strategies, Federal Circuit appeals, the latest PTAB statistics, life sciences and more
Thu, 12 April 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
Thu, 12 April 2018
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
Thu, 12 April 2018
The $706 million recently awarded by a Texas jury contrasts with other trade secrets damages around the world, such as the $10 million sought in China in a case involving Baidu
Thu, 12 April 2018
President Trump has already made his mark by appointing a USPTO director and taking a stand against China. Panellists at the Fordham IP Conference, including David Kappos and James Pooley, assessed the impact Trump could have on IP
Wed, 11 April 2018
New China guidelines on IP transfers renew the focus on protecting of core technologies and IP sovereignty, at a time when the Trump administration claims US firms are being forced to transfer IP to Chinese partners
Tue, 10 April 2018
Managing IP rounds up the best bits from Fordham’s 2018 IP conference, which took place on April 5 and 6 in New York, including USPTO director Andrei Iancu’s priorities and a call to action from Judge Pauline Newman
Tue, 10 April 2018
A coalition of Canadian companies has proposed a regime to block egregious copyright infringing websites. McCarthy Tétrault’s Barry Sookman voiced support for the proposal at the Fordham IP Conference while pointing to the recent experience in the UK and elsewhere
Mon, 09 April 2018
Managing IP’s most recent issue includes our IP STARS copyright rankings, a blockchain special report, CRISPR patent filing figures, an explanation of Russia’s new parallel imports criteria, analysis of cannabis related trade marks in the US and Canada, as well as our regular country updates and Utynam column
Mon, 09 April 2018
Managing IP spoke with new IPAB chairman Manmohan Singh and Indian IP lawyers to see what progress is being made after nearly two years at a standstill
Mon, 09 April 2018
The UKIPO’s new patent fees are now in effect, increasing application, search, examination and life-end renewal fees and introducing an excess claims and page charge scheme
Thu, 05 April 2018
Managing IP is holding our European Life Sciences Forum in London on April 24. The event is free for in-house counsel to attend and includes sessions on second medical use patents, SPC regulations, the doctrine of equivalents and more
Wed, 04 April 2018
Recent intellectual property news includes the overturn of GSK’s $235m award, European organisations’ Brexit statement, a Blackberry patent suit against Snap, Lindsay Lohan’s appeal against a video game maker, the briefs in the WesternGeco case at the US Supreme Court and a jury verdict favoring the plaintiff in a false advertising case
Tue, 03 April 2018
Patent Trial & Appeal Board developments in March included the most post-grant review petitions filed in a month, a predicted switch to the Philips standard, two informative decisions involving 35 USC § 325(d), and the Board instituting trial to a derivation petition for the first time
Mon, 02 April 2018
Cease and desist letters are an important part of protecting a brand but they are very easy to get very wrong. Patrick Wingrove analyses some of the biggest successes and failures in the past few years
Mon, 02 April 2018
Latest reports from Thomson Reuters’ Practical Law and the KIPO show global momentum building in blockchain patent filings. In 2017, 56% of blockchain applications came from China
Thu, 29 March 2018
The Federal Circuit has overturned the jury verdict of fair use in Oracle v Google and remanded the case to a federal judge in the Ninth Circuit for a third trial to determine damages
Thu, 29 March 2018
Ellie Mertens analyses the biggest takeaways from INTA’s Brands and Innovation conference in New York, including geographical overlap, counterfeiting, digital printing technology and social media
Wed, 28 March 2018
The Patent Trial and Appeal Board has instituted a derivation trial for the first time, challenging a patent for a spacer frame used in insulated glass windows
Tue, 27 March 2018
In-house counsel and private practitioners discussed trends in brand protection online and its context for Asia at a seminar. This included an overview of cases involving trade marks and Google Adwords, including two recent ones in Asia
Tue, 27 March 2018
Managing IP is publishing a series of articles that looks at how blockchain technology is changing the landscape of IP. In this article, Ellie Mertens analyses its implications for trade secrets
Thu, 22 March 2018
China is on course to overtake the US in three years as the largest source of applications filed under WIPO’s Patent Cooperation Treaty. Trade mark filing under the Madrid System and design filing under the Hague System both increased in 2017
Wed, 21 March 2018
The Asia Awards Dinner was held at the JW Marriott in Hong Kong on March 21, recognising the best intellectual property law firms in the region
Wed, 21 March 2018
IP practitioners describe a “Wild West” trade mark situation in Canada ahead of the elimination of the use requirement. The number of “all-class” applications is soaring
Wed, 21 March 2018
Recent intellectual property moves include Dechert’s Paris IP group head joining Dentons, while European boutique IP firm Hoyng Rokh Monegier and French patent litigation firm Véron & Associés are joining forces
Wed, 21 March 2018
Recent US intellectual property people moves include Sterne Kessler’s PTAB co-chair joining King & Spalding, and hires by Hogan Lovells, DLA Piper, Latham & Watkins, Kilpatrick Townsend, Orrick and more
Wed, 21 March 2018
Negotiators have struck a transition deal in a new draft of the European Commission’s withdrawal agreement that will help ease IP holder’s fears for their assets after Brexit
Tue, 20 March 2018
The big increase in CRISPR patent filing has led to a number of disputes as well as suggested cross-licensing agreements or patent pools. Patrick Wingrove investigates whether a litigation war is brewing
Sat, 17 March 2018
Big changes to the intellectual property office, including combining the enforcement functions of trade marks and patents, are expected to strengthen IP enforcement in China
Fri, 16 March 2018
The Americas Awards Dinner was held at the Essex House in New York on March 15, and recognised the best law firms and individuals nationally and regionally in Canada, Latin America and the US
Wed, 14 March 2018
Recent Patent Trial and Appeal Board developments include filing increasing in February, Managing IP revealing the top PTAB firms, the Board ruling tribal sovereign immunity doesn't apply in IPRs, and some interesting Federal Circuit opinions
Wed, 14 March 2018
Managing IP’s most recent issue includes our IP STARS patent rankings, analysis of Waymo and Uber’s trade secrets settlement, details of Argentina’s surprise IP rule changes, an in-depth look at new uses for existing drugs, and more
Wed, 14 March 2018
The Hague System will come into effect in the UK, which becomes the 54th member of the 1999 Act, in June
Wed, 14 March 2018
The Commission’s draft agreement gives an indication for intellectual property post-Brexit. The UK has not yet responded but disagreement is likely over issues such as geographical indications
Tue, 13 March 2018
Managing IP is publishing a series of articles that looks at how blockchain technology is changing the landscape of IP. In this article, Ellie Mertens analyses its implications for copyright
Fri, 09 March 2018
The EMEA Awards Dinner was held at The Savoy in London on March 8, and recognised the best intellectual property firms in 25 countries and by region
Wed, 07 March 2018
CPA Global is teaming up with Managing IP and B2B International to explore the issues faced by intellectual property law firms around the world as they tackle the legal challenges of a fast-paced and ever-evolving IP-led economy. A synopsis of the findings will be shared with survey participants
Wed, 07 March 2018
The EPO’s annual report reveals the top patent filers in Europe in 2017. Filing trends included a 5.8% increase in patent applications from the US
Tue, 06 March 2018
Cannabis-related trade mark applications are soaring ahead of the slated enactment of legislation that will permit recreational use in Canada, while amendments to Canada’s Trademarks Act will also come into force early next year
Tue, 06 March 2018
Cannabis smokers have always had a strong likelihood of confusion, but this is increasingly becoming true for US cannabis-related businesses as well. Legalisation by states is prompting trade mark registration questions and disputes. Ellie Mertens investigates
Thu, 01 March 2018
The General Court has ruled Adidas may oppose the registration of an EU trade mark of two parallel stripes, in a judgment that makes it harder for third parties to adopt a mark with only minor variations to the three stripes mark
Thu, 01 March 2018
The Ninth Circuit has found that a photo taken by a Nike photographer used to create the iconic “Jumpman” image is not substantially similar to a photo of Michael Jordan taken in 1984 because they only share similarities in general ideas or concepts
Thu, 01 March 2018
Recent intellectual property news includes the USPTO director being sworn in, a study on trade marks running out, the end of a Kung Fu Panda dispute in China, the Law Society urging UK UPC ratification, four years of Octane Fitness, the DOJ AAG again urging SEPs balance, and a $6.7m award in a graffiti artist copyright case
Wed, 28 February 2018
The Texas Supreme Court has recognised patent-agent privilege as a form of attorney-client privilege, in a ruling that has the potential to influence court cases in the 24 other US states with the same privilege rule
Wed, 28 February 2018
Sanjana Kapila reports from an INTA designs conference held in London where in-house counsel discussed designs and anti-counterfeiting
Wed, 28 February 2018
Claims directed to the correlation of gene sequences to a particular trait in cattle remain patent eligible subject matter, according to a ruling that has implications for the Sequenom/Ariosa case and also suggests a widening dichotomy between Australia and the US on gene-based patent eligible subject matter
Tue, 27 February 2018
Managing IP is publishing a series of articles that looks at how blockchain technology is changing each area of IP. Here, in the first article, Ellie Mertens analyses its implications for trade marks including improving supply chains, being an alternative source of registration and helping IP offices become more efficient
Mon, 26 February 2018
An increase in IoT players needing standard-essential patents has spurred the JPO to set guidelines. But IP practitioners are concerned the guidelines may not provide enough flexibility in SEP negotiations and will lack clarity
Mon, 26 February 2018
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 over parallel imports. Dr Darya Ermolina and Dr Dmitry Grachyov explain what is changing and the implications for businesses
Mon, 26 February 2018
A recent decision in China provides some assurance for pharmaceutical patent owners but the direction of Markush claims is still unclear
Mon, 26 February 2018
The PTAB has ruled that sovereign immunity does not apply in the case in which Allergan transferred patents to a Native American tribe, and says the proceedings can continue even without the tribe’s participation in view of Allergan’s retained ownership interests in the patents
Mon, 26 February 2018
A ruling that embedding a tweet containing a copyrighted image on a website amounts to direct infringement changes the well-established regime of the server test. Ellie Mertens asks copyright lawyers how big a deal this is
Thu, 22 February 2018
After a slump in 2016, US pharmaceutical patent litigation triggered by the Hatch-Waxman process rose to 411 cases last year
Thu, 22 February 2018
Take part in our short online survey on IP and autonomous vehicles, and win a free place at a Managing IP event
Thu, 22 February 2018
A closer look at Lex Machina’s Patent Litigation Year in Review report reveals some interesting nuggets of information on success rates of transfers, the judges with the most cases, design patent litigation, injunctions, Section 101 invalidation and damages
Wed, 21 February 2018
The German constitutional complaint challenging the UPC Agreement is on a list of cases to be decided this year. But it is not certain a decision will come in 2018 and, even if it does, the timing will be vital in determining whether the UPC is in effect before Brexit
Wed, 21 February 2018
The UK Supreme Court last week heard argument in Warner Lambert v Generics. Pfizer argued that plausibility should be an "evidential tool" not a "threshold test", while Actavis warned against the danger of over-broad speculative claims and "armchair patenting”
Tue, 20 February 2018
The Delaware jury award of $2.54 billion to Merck from 2016 has been overturned after Chief Judge Stark found the patent on a drug used to treat hepatitis C was invalid
Tue, 20 February 2018
Takeaways from the surprise mid-trial settlement of the dispute over self-driving technology include being wary of how quickly momentum can shift in trade secrets cases and taking note of the drawbacks of federal court
Thu, 15 February 2018
“Whether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination,” writes Judge Moore. Observers have taken this as a sign of the pendulum swinging back towards patent owners on Section 101
Thu, 15 February 2018
Expect to hear this figure mentioned a lot at US IP conferences and Congressional hearings for the next year – the US patent system has dropped to 12th in the US Chamber of Commerce’s ranking of IP systems. But is the ranking credible?
Tue, 13 February 2018
The UK’s Privy Council has approved the Unified Patent Court (Immunities and Privileges) Order 2017, the last piece of legislation required for the UK to ratify. In Germany, seven institutions and associations submitted statements on the constitutional complaint against the UPC
Tue, 13 February 2018
Figures from incoPat reveal government, financial institutions and tech companies lead in global blockchain patent filing based on global invention, design and utility patent filing statistics in 2017. Karry Lai analyses the drivers of China’s dominance of the list
Mon, 12 February 2018
Managing IP is holding three awards dinners in March, recognising the best intellectual property law firms and individuals around the world. The shortlists for our EMEA, Americas and Asia Awards have now all been published
Fri, 09 February 2018
The high-profile trade secrets case between Waymo and Uber settled abruptly before their fifth day in front of a jury. The settlement is estimated to be worth $245 million
Fri, 09 February 2018
The new USPTO director has a number of issues to address such as subject matter eligibility and fee diversion. He will have a big influence at the PTAB, where the director has broad powers to set rules
Thu, 08 February 2018
Group 1600 patent challenges at the Patent Trial and Appeal Board hit an all-time high last year, reveals a report from Fish & Richardson. This included a “dramatic increase” in IPRs challenging biologic drug patents
Tue, 06 February 2018
Advocate General Szpunar in a second Louboutin v Van Haren opinion at the CJEU states he is “even less inclined to classify the mark at issue as one consisting of a colour per se”
Tue, 06 February 2018
Petition filing at the Patent Trial and Appeal Board was up slightly in January, while the Federal Circuit issued its en banc Wi-Fi One v Broadcom opinion and the Board released an updated motion to amend study and designated two decisions as informative
Tue, 06 February 2018
Amendments implemented in January bring more clarity to Vietnam’s IP procedural rules law. Some areas have been made more stringent for IP owners while there is a lack of clarity on transition provisions for pending applications
Tue, 06 February 2018
Toyota recently lost a trade mark case at India’s Supreme Court, in a surprising decision that has shaken up the principle of territoriality in trans-border reputation
Tue, 06 February 2018
The confirmation of Andrei Iancu as USPTO director in a 94-0 vote has been welcomed by associations
Mon, 05 February 2018
Managing IP’s most recent issue includes our trade mark rankings, a standard essential patents special report, a review of CJEU trade mark cases, AI protection strategies for patents and trade secrets, and data on the top parties in US district court and at the PTAB
Mon, 05 February 2018
The Managing IP Americas Awards ceremony and dinner will be held on March 15 at Essex House in New York, recognising the firms and individuals of the year
Mon, 05 February 2018
Managing IP’s EMEA Awards dinner will be held on March 8 at The Savoy in London. Trophies will be presented to the firms of the year, with winners chosen from these shortlists
Thu, 01 February 2018
Managing IP’s inaugural Asia-Pacific Awards dinner will be held on March 21 at the JW Marriott in Hong Kong. The winners will be chosen from these shortlists
Thu, 01 February 2018
A new podcast produced by McKool Smith and Benchmark Litigation interviews iconic trial lawyers to hear their insights into the trial process and the art of persuasion. In the first episode, host Courtland Reichman talks to Cravath’s chairman Evan Chesler
Thu, 01 February 2018
CompuMark’s survey of 300 trade mark professionals reveals three-quarters experienced infringement in 2017
Wed, 31 January 2018
Who should pay for the costs of implementing orders to block websites that sell counterfeit goods? That was the question considered by the UK Supreme Court in the Cartier International v British Telecommunications case on January 30
Tue, 30 January 2018
Research from Envision IP finds 1,045 US patents – both pending and approved – related to blockchain technology, and projects that applications will “continue at an increasing pace”
Mon, 29 January 2018
The fourth US bench trial to determine a FRAND royalty is the first to use a top-down approach, and has parallels to the UK’s Unwired Planet decision. Managing IP also reports on a possible change in the Department of Justice's approach to SEPs and analyses Huawei's win over Samsung in China
Mon, 29 January 2018
Tish Berard, the new president of the International Trademark Association, discusses the association’s plans for 2018 in an interview with Managing IP
Fri, 26 January 2018
Can a patent holder collect lost-profit damages if infringement of a US patent occurs abroad? The US Supreme Court will decide in WesternGeco v Ion Geophysical
Thu, 25 January 2018
Managing IP discusses the most important issues and cases that will impact patent litigation in 2018 with top litigators, including TC Heartland, NPEs, the ITC, MDL trends and Section 101
Thu, 25 January 2018
Sam Gyimah, member of UK parliament for East Surrey, has been confirmed as the UK IP minister
Wed, 24 January 2018
Observers bemoan the lack of clear guidance after Beijing IP Court judge rules there was no infringement of a GUI design patent in a highly-anticipated case
Wed, 24 January 2018
Richard Busch, the King & Ballow attorney behind three lawsuits against Spotify last year, shares his outlook on Wixen Music Publishing’s recent $1.6bn suit against the streaming service
Tue, 23 January 2018
Managing IP’s regular round-up of people moves includes the launch of Brinks Gilson & Lione’s office in Shenzhen, and hires by Polsinelli, McKool Smith, Barnes & Thornburg, Bardehle Pagenberg, JA Kemp, Awapatent, Squire Patton Boggs, Haseltine Lake and more
Fri, 19 January 2018
Observers believe a case in which Samsung was found to infringe Huawei’s SEP patents is helpful in determining what is misconduct in FRAND negotiations and a sign the Chinese judicial system is resolving increasingly more complicated and new IP disputes
Thu, 18 January 2018
A property letting business called EasyRoommate does not infringe any of the easy trade marks owned by Sir Stelios Haji-Ioannou’s easyGroup, according to a judgment by Mr Justice Arnold in the England and Wales High Court
Thu, 18 January 2018
Managing IP analyses 2017 data pulled from Docket Navigator to reveal: the overall patent cases filed in US district courts by half, quarter and month; the top 50 plaintiffs, defendants and law firms; and the breakdown of filing by district overall and pre- and post-TC Heartland
Thu, 18 January 2018
The EPO has denied the Broad Institute of MIT and Harvard’s reliance on its US priority provisional application in revoking a CRISPR patent. The institute has already said it will appeal
Thu, 18 January 2018
Recent intellectual property news included Starbucks winning an EU General Court case, an Apple motion to sanction at the PTAB, Finjan winning in a Federal Circuit patent-eligibility ruling, Kodak launching a blockchain and cryptocurrency, a challenge to the new NHL team registering its name at the USPTO, TiVo suing Comcast again, and New Zealand and Australia fighting over a honey trade mark
Wed, 17 January 2018
DAV tells the Federal Constitutional Court the constitutional complaint against German participation in the UPC is inadmissible. Other recent news includes the UK House of Lords approving an immunities and privileges order and France ratifying a similar order
Wed, 17 January 2018
Both patent owners and implementers have welcomed the European Commission’s communication on standard essential patents. Does that mean it has successfully balanced competing interests or merely dodged the difficult questions? James Nurton investigates
Mon, 15 January 2018
Managing IP’s most recent issue includes our PCT Leaders Report 2017, and features on AI and trade mark law, damages in China patent litigation, recent trade dress trends, district court stays pending PTAB review, and tribal sovereign immunity
Mon, 15 January 2018
China’s anti-unfair competition law amendments became effective January 1, and focus on penalty increases and confusion acts
Mon, 15 January 2018
Ellie Mertens reviews Canada’s most notable cases last year, including the highly anticipated ruling on the promise doctrine, the largest award for patent infringement in Canadian history, and trade mark disputes
Mon, 15 January 2018
CIPO’s 2017 IP report statistically demonstrates trends in Canada’s IP filings for patents, trade marks and industrial designs, both domestically and abroad in 2017
Fri, 12 January 2018
Cert has been granted to a case that will determine whether lost profits arising from prohibited combinations occurring outside the US are categorically unavailable in patent cases
Fri, 12 January 2018
The Argentine government has issued a decree that affects trade marks, patents and designs. The biggest change is oppositions will need to be settled within three months
Thu, 11 January 2018
Recent intellectual property news included a strongly-worded PTAB order forbidding a tribe from filing any further discovery requests, Radiohead’s efforts to get credit for a Lana Del Rey song, the EPO’s plans for 2018, a trade mark win in China for Michael Kors, Wi-LAN’s purchase of a Panasonic patent portfolio and US associations backing pending copyright legislation
Wed, 10 January 2018
Managing IP analyses Docket Navigator data on PTAB petitions filed in 2017 to reveal the most active entities and law firms. Apple was not the top petitioner for the first time since AIA trials became available, while a shake-up has occurred among law firms
Wed, 10 January 2018
IBM has held onto top spot in IFI Claims’ rankings of top patent grants in 2017. IFI also revealed the eight technologies showing the most patent growth, with the automotive sector one area showing impressive gains
Tue, 09 January 2018
The fourth US bench trial to determine a FRAND royalty is the first to use a top-down approach. It also has parallels to the UK’s Unwired Planet decision
Tue, 09 January 2018
In Wi-Fi One v Broadcom, the Federal Circuit has held the time-bar determinations for instituting IPR at the PTAB are appealable. Observers believe this may foreshadow similar decisions for other areas of reviewability
Tue, 09 January 2018
A catch phrase on a popular TV show has been registered as the first catch phrase sound mark in Korea. How do other countries in Asia approach similar sound marks?
Fri, 05 January 2018
Hip hop music, the Louboutin red sole shoes and copyright protection for food are among the subjects of disputes pending before the European courts. Managing IP provides a guide to some of the more significant cases coming up this year
Thu, 04 January 2018
Non-practicing entities are looking to take advantage of China’s courts, with some predicting at least a doubling of NPE patent cases in 2018. But a number of factors act as deterrents in China, meaning plaintiffs need to know how to play the game
Thu, 04 January 2018
A potential procedure to fast-track the approval of more than 230,000 pending patent applications in Brazil, which some expected before the end of 2017, has not yet been published
Thu, 04 January 2018
The Eastern District of Texas accounted for 34% of all new US patent cases pre-TC Heartland in 2017 compared to only 15% post-TC Heartland, according to an analysis by Unified Patents
Wed, 03 January 2018
Topics discussed at our recent European Patent Forum USA included the potential timeline for Germany ratifying the UPC, FRAND after Unwired Planet v Huawei, the patentability of computer-implemented inventions at the EPO, patent enforcement strategies in Europe and hot tubbing of experts in the UK
Wed, 03 January 2018
Our Mexico intellectual property focus is now available to read online for free, including articles on the trade mark opposition system, interpretation of patent claims and new life for industrial designs and geographical indications
Wed, 03 January 2018
A patent licence agreement between Nokia and Huawei, the latest on sovereign immunity at the PTAB, a suit against Spotify claiming damages of $1.6 billion, a CJEU ruling involving champagne, and another copyright infringement claim against Uptown Funk were among the intellectual property stories you may have missed over the holiday period
Wed, 03 January 2018
September 2017’s Facebook v Skky, explaining the determination of covered business method patent review eligibility, is the 11th AIA trial decision to be deemed precedential
Tue, 02 January 2018
A record number of PTAB petitions were filed last year, edging out 2015’s figure by one, according to data pulled from the Docket Navigator database. PGRs were more popular than CBMs for the first time last year
Thu, 21 December 2017
The CJEU has provided guidance on the divisive issue of design protection for car spare parts, in two cases involving Acacia. It was one of three significant IP decisions published on December 20, the Court’s last day before the Christmas break
Wed, 20 December 2017
The BPTO may publish a rule next week that would fast-track the process of granting patents whose applications are pending in Brazil. The emergency procedure would grant 230,000 pending applications unless patent owners opt out
Wed, 20 December 2017
An expanded PTAB panel has determined that the filing of a federal court action waives the University of Minnesota’s Eleventh Amendment immunity, in the fourth decision to address state sovereign immunity
Wed, 20 December 2017
Speaking at Managing IP’s European Patent Forum USA, David Ruschke discussed a number of ways that amendments could be made easier to obtain at the PTAB
Tue, 19 December 2017
Managing IP’s awards programme next year will include Americas Awards in New York, EMEA Awards in London, and the addition of Asia-Pacific Awards in Hong Kong
Mon, 18 December 2017
Associations including CITMA, ECTA, INTA and MARQUES have published position papers discussing IP rights when the UK leaves the EU in March 2019. Managing IP looks at the biggest issues, including registered EU rights, pending applications, exhaustion and representation
Mon, 18 December 2017
The Year-End issue of Managing IP includes our PCT Leaders Report 2017, how AI will change trade mark law, damages in China patent litigation, recent trade dress trends, an analysis of district court stays pending PTAB review, and whether tribal sovereign immunity will be a wrecking ball to the IPR system
Fri, 15 December 2017
The Federal Circuit has overturned the TTAB’s rejection of a trade mark application for “FUCT”, ruling it an unconstitutional restriction of free speech
Fri, 15 December 2017
For the first time, the Patent Trial and Appeal Board has upheld the majority of claims in IPR proceedings for four consecutive quarters, a Fitzpatrick 2016 study reveals
Thu, 14 December 2017
The Federal Circuit has ruled that Sandoz did not forfeit its preemption defence and the BPCIA preempts state law remedies in its biosimilars dispute with Amgen. The decision makes clear that brand biologic companies have no remedies available against a biosimilar applicant who is refusing to engage in the patent dance
Thu, 14 December 2017
A recent rare heavy penalty and sentence for infringement of Babyzen’s strollers suggests a higher penalty trend in China. A new amendment to its Anti-unfair Competition Law comes into effect next month, which has increased the maximum statutory compensation available
Thu, 07 December 2017
November PTAB news included the lowest petition filing since January 2016, oral arguments at the Supreme Court, amicus briefing on whether tribal ownership immunises a patent from IPR challenges, guidance on motions to amend, new procedures for remands from the Federal Circuit, and an increase in fees
Thu, 07 December 2017
Recent intellectual property news included an award to Nokia of $137 million against BlackBerry, Apple defeating an attempt to register Mi Pad as an EUTM, a Senate hearing for USPTO director nominee Andrei Iancu, an amendment to Eastern District of Texas disclosure rules, the Federal Circuit’s opportunity to weigh in on joinder, soaring Canada cannabis and marijuana related trade mark filing, and the launch of a UK inquiry into Brexit dispute resolution
Thu, 07 December 2017
WIPO’s annual World Intellectual Property Indicators report reveals that soaring demand in China drove worldwide filing growth for patents, trade marks and industrial designs
Thu, 07 December 2017
Leading IP practitioners, businesses and organisations gathered to discuss the latest innovation trends at the Business of IP Asia Forum in Hong Kong, from regional IP cooperation to the latest developments in the Internet of Things (IoT)
Wed, 06 December 2017
Managing IP’s regular update of people moves includes the launch of new firms Grüneberg and Myers and Winterfeldt IP Group, and hires by Crowell & Moring, Fish & Richardson, BakerHostetler, K&L Gates, Baker Botts, Kirkland & Ellis and more
Wed, 06 December 2017
Managing IP speaks to Min Gao, winner of the Managing IP In-house Award at the 2017 Euromoney Legal Media Group Asia Women in Business Law Awards, for our latest Women in IP interview series
Tue, 05 December 2017
User testing for new patent system can be expected in early 2018. One implementation challenge will be that there are not enough technical people to do patent examinations in Hong Kong
Mon, 04 December 2017
The EU General Court’s Red Bull judgment reinforces the difficulty of registering colour combination trade marks in the EU, and signals “death knell” for Red Bull’s attempt to register its blue and silver combination
Thu, 30 November 2017
US Supreme Court Justices seemed divided during arguments for Oil States v Greene’s Energy and SAS Institute v Matal. Patent lawyers have been busy making predictions about how the court will rule in the two cases, which could dramatically change how the Patent Trial and Appeal Board operates
Thu, 30 November 2017
Recent intellectual property news included the postponement of the Waymo-Uber trial, a patent infringement countersuit from Apple against Qualcomm, an ITC clarification of the domestic industry requirement for unregistered trade dress, the prohibition of a travel agency using the image of Michelangelo's David for commercial purposes, and the indictment of three Chinese nationals for trade secrets theft
Thu, 30 November 2017
In its VCAST v RTI judgement, the CJEU has ruled that copies of television programmes made available by being saved in the cloud must be authorised by the holder of the copyright or related rights because the service constitutes a retransmission
Wed, 29 November 2017
The International Trademark Association has released a paper outlining its concerns about the impact of Brexit on intellectual property rights
Wed, 29 November 2017
The European Commission has presented a number of measures aimed at protecting intellectual property rights, including recommendations for fighting counterfeits and creating a balanced system for standard essential patents. The SEPs guidance was particularly well received
Wed, 29 November 2017
A Zambian High Court has ruled that the Zambian Trade Mark Act does not recognise unregistered well-known marks. Wayne Meiring explains why this judgment may also affect international trade mark registrations in Zambia
Tue, 28 November 2017
The Patent Trial and Appeal Board confirms that In light of the Aqua Products decision it will not place the burden of persuasion on a patent owner with respect to the patentability of substitute claims presented in a motion to amend
Tue, 28 November 2017
Chinese courts are making use of technology to improve efficiency
Wed, 22 November 2017
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 stay
Wed, 22 November 2017
Recent 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 fight
Wed, 22 November 2017
WIPO Director General Francis Gurry says intangible capital determines success in the marketplace. "Intellectual property, in turn, is the means by which companies secure the competitive advantage flowing from their intangible capital"
Tue, 21 November 2017
IP 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 Xiaomi
Fri, 17 November 2017
Dorothy 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 PTAB
Fri, 17 November 2017
The 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 cases
Thu, 16 November 2017
The 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’”
Thu, 16 November 2017
The USPTO has released a final rule detailing fee increases to go into effect in January. The combined cost of an inter partes review request and institution at the Patent Trial and Appeal Board will go up to $30,500
Wed, 15 November 2017
Recent 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 litigation
Wed, 15 November 2017
Delhi 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 litigants
Wed, 15 November 2017
The 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 equivalents
Wed, 15 November 2017
Overall 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 statistics
Tue, 14 November 2017
China’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 route
Thu, 09 November 2017
The 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”
Thu, 09 November 2017
A recent copyright win in New Zealand for rapper Eminem highlights the risks involved in creating a work with another work in mind, and may be influential in other Commonwealth jurisdictions like Australia and the United Kingdom
Wed, 08 November 2017
Recent 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 programme
Wed, 08 November 2017
With the Madrid Protocol coming into force for Indonesia in January, IP practitioners observe potential delays to deal with international applications but are optimistic that time requirements under new trade mark law and an increase in the number of trade mark examiners can help
Wed, 08 November 2017
October 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 decisions
Thu, 02 November 2017
Recent 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 company
Tue, 31 October 2017
The Hangzhou Internet Court has been operational for two months. As e-commerce popularity explodes in China, jurisdictional cyber courts could help to take load off local courts
Mon, 30 October 2017
A 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 IPOS
Fri, 27 October 2017
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 so
Fri, 27 October 2017
Federal 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 case
Thu, 26 October 2017
Myra 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 year
Wed, 25 October 2017
The 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 opinion
Wed, 25 October 2017
The 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”
Wed, 25 October 2017
Recent 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 system
Tue, 24 October 2017
In a review of the biggest US trade mark issues, Wolf Greenfield’s John Welch says two rule changes are having a big impact at the TTAB while the issue of USPTO attorneys' fees in district court cases is worth watching
Tue, 24 October 2017
Managing 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 event
Tue, 24 October 2017
Joseph 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 Court
Tue, 24 October 2017
In a presentation, acting register of copyrights Karyn Temple Claggett said the US Copyright Office is on a “rulemaking roll”, and discussed the Register of Copyrights Selection and Accountability Act and other potential legislation
Tue, 24 October 2017
In 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 cases
Tue, 24 October 2017
The 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 obviousness
Thu, 19 October 2017
Recent 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 overblown
Wed, 18 October 2017
Judge 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”
Wed, 18 October 2017
The 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 million
Wed, 11 October 2017
Recent intellectual property news included a judge asking Allergan whether its Native American tribe deal is a sham, Waymo and Uber’s trade secrets trial date being pushed back, the ramifications of the Aqua Products opinion, Costa Rica becoming the 33rd country to join the Marrakesh Treaty, and the EPO and Brazil’s INPI launching a PPH pilot programme
Wed, 11 October 2017
The permanent injunction granted by the District of Delaware in the dispute between Amgen and Sanofi/Regeneron over cholesterol-lowering treatment has been vacated, in a decision that also included some implications for the USPTO’s practice of granting broad antibody claims
Fri, 06 October 2017
The Federal Circuit’s en banc Aqua Products v Matal ruling has been described as “a complete non-event” and “a real mess” that “did little to resolve the big questions” surrounding the PTAB's treatment of motions to amend. However, it did shift the burden of persuasion to the petitioner, while some believe the Chevron implications of the decision are most interesting
Wed, 04 October 2017
Recent intellectual property news included a proposal to make the USPTO an independent agency, a record year for US patent issuance, a settlement of AbbVie and Amgen’s Humira biosimilar dispute, a surge of complaints at the International Trade Commission, and the first post-Samsung verdict on design patent damages
Wed, 04 October 2017
The long-awaited Aqua Products ruling is narrow – a result of different views on the judgment and the rationale that should be employed. The matter is remanded for the PTAB to consider the patentability of the proposed substitute claims without placing the burden of persuasion on the patent owner
Wed, 04 October 2017
The Eastern District of Texas’s share of US district court patent cases in 2017 has fallen to 16% post-TC Heartland from 34% before, while overall patent case filing is on course to fall 13% for the full year compared to 2016, reveals data from Unified Patents
Wed, 04 October 2017
The third quarter had the fewest Patent Trial and Appeal Board petitions since the first quarter of 2016. In September, the Board designated one of its decisions as informative and also granted a rare rehearing in an IPR involving the Coalition for Affordable Drugs
Mon, 02 October 2017
Our latest supplements, on Canada and the Americas, are now available to read online. They include articles on Canada’s new drug and biosimilar patent linkage system and litigation landscape, Brazil’s new Civil Procedure Code, and Mexico’s boundaries of patent claim amendment
Fri, 29 September 2017
Federal Circuit guidance on patent venue provided when granting a writ of mandamus in In Re Cray made clear that typical work-from-home employee will not create a “regular and established place of business” but it’s possible some remote offices will create venue. Cray will also likely affect Delaware’s recent guidance on venue
Thu, 28 September 2017
Recent intellectual property news included a motion to dismiss IPRs covering Allergan’s Restasis treatment, an Apple dispute involving a patent transferred to a company with Native American tribe links, the latest in the Waymo/Uber trade secrets case, a copyright lawsuit over Disney’s Inside Out, Pablo Escobar’s brother threatening to close Narcos down because of trade marks and revised FTC guidance on social media endorsers
Thu, 28 September 2017
Amgen has been awarded $70 million in a dispute over a Pfizer subsidiary’s biosimilar of the Epogen treatment for anaemia
Wed, 27 September 2017
District of Delaware says additional sanction is not warranted in Idenix v Gilead “given that the result of that misconduct is a cure for a potentially-fatal disease afflicting millions of people around the world, and given that the jury's damages award is already the largest damages verdict ever returned in a patent trial”
Wed, 27 September 2017
Some recent Federal Circuit decisions as well as a petition to the Supreme Court suggest the doctrine of equivalents is not dead in the US, despite a declining number of decisions referencing the doctrine since Warner-Jenkinson in 1997
Thu, 21 September 2017
If successful, Allergan’s eye-catching gambit of seeking to cancel PTAB proceedings by assigning patents to the Saint Regis Mohawk Tribe would be a blueprint for others to follow. But will the PTAB rule that sovereign immunity applies in this case?
Thu, 21 September 2017
The Federal Circuit has reversed an Eastern District of Texas refusal to transfer the Cray case, and rejected Judge Gilstrap’s test for determining patent venue. This includes the appeals court stating there must be a physical, geographical location in the district from which the business of the defendant is carried out
Thu, 21 September 2017
Judge Leonard Stark of the District of Delaware has issued two rulings on motions to transfer that provide guidance for Hatch-Waxman and other patent litigation. This included ruling “regular and established place of business” requires a physical place of business in the district
Thu, 21 September 2017
Recent news included Google receiving a licence for HTC intellectual property, the TTAB again finding “Pretzel Crisps” to be generic, the PTAB designating a decision as informative, Judge Paul Michel suggesting seven ways to improve the US patent system, Apple settling with Acacia following a $22m verdict, and Microsoft extending its Azure programme to China
Thu, 14 September 2017
Civil rights movement anthem “We Shall Overcome” has been ruled to be in the public domain, with the Southern District of New York deciding that 1960 and 1963 applications for a copyright in the song were significantly flawed
Thu, 14 September 2017
A 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 news
Tue, 12 September 2017
Managing 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 presidents
Thu, 07 September 2017
126 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 EFF
Thu, 07 September 2017
A 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 decisions
Wed, 06 September 2017
Federal 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 news
Wed, 06 September 2017
Parties 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 Matal
Wed, 06 September 2017
USPTO director nominee Andrei Iancu has broad experience of patent litigation and PTAB proceedings. But observers are unclear about his views on a number of issues
Thu, 31 August 2017
Recent 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 Frog
Tue, 29 August 2017
Andrei 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 Angeles
Thu, 24 August 2017
Natalie 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 Heartland
Mon, 14 August 2017
Managing 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 Caribbean
Mon, 14 August 2017
Eighteen priority applications have been filed after New Zealand’s GI Act came into effect. Coordination is needed on determining boundaries, and potential issues include interpretation and how GIs are negotiated in free trade agreements
Thu, 10 August 2017
The People’s Higher Court of Fujian Province has granted Under Armour a preliminary injunction, a rarity in trade mark cases before the Chinese courts, in its dispute with Uncle Martian
Thu, 10 August 2017
The Canadian government has published proposed amendments to the Canadian Patent Rules for public consultation
Thu, 10 August 2017
The 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 news
Wed, 09 August 2017
The 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 precedential
Wed, 09 August 2017
139 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 time
Wed, 02 August 2017
UC 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 news
Tue, 01 August 2017
The 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 briefing
Tue, 01 August 2017
Comcast 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 strides
Wed, 26 July 2017
A 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 news
Wed, 26 July 2017
The USPTO has released a report providing an overview of patent eligibility law and feedback it has received on the issue. A majority of commenters recommended legislative change
Wed, 26 July 2017
Consensus is growing that TC Heartland was not a change in the law, while a mandamus petition in the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being closely watched by patent practitioners
Fri, 21 July 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”
Tue, 18 July 2017
One observer calls Access Copyright v York University “potentially the most disruptive copyright decision we have ever seen in Canadian jurisprudence”. Issues to be resolved include what happens around a new tariff, how other universities will react and whether York will appeal
Tue, 18 July 2017
The 9th Circuit hearing the latest instalment in the monkey selfie story, a Teva trade secret suit, the Broad Institute joining discussions to create a CRISPR patent pool, Eli Lilly settling a Cialis dispute with generics, Shipping and Transit being ordered to pay attorneys’ fees twice in a week and the value of Jawbone’s portfolio were in the recent intellectual property news
Mon, 17 July 2017
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
Fri, 14 July 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
Thu, 13 July 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
Thu, 13 July 2017
The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved
Wed, 12 July 2017
York University is required to pay the interim tariff established by the Copyright Board of Canada in 2010, Canada’s Federal Court rules in Access Copyright v York University. The court said the tariff is “mandatory, not voluntary”
Wed, 12 July 2017
The C$645m awarded to Dow has dwarfed the previous highest Canadian patent award to Merck. The high figure is a result of the flexible and unique nature of monetary remedies in Canada
Wed, 12 July 2017
Qualcomm filing an ITC complaint against Apple, the TTAB’s precedential opinions in 2017, eight technology companies forming an alliance, Waymo dropping patent claims in its dispute with Uber, Shipping & Transit being ordered to pay attorneys’ fees, the Federal Circuit remanding two PTAB cases and the invalidation of an AbbVie patent for Humira were in the recent intellectual property news
Mon, 10 July 2017
Canada has had two blockbuster Supreme Court decisions and a record patent damages award in the past month. But there have been other recent IP cases of interest, including a rum trade mark dispute, the reinstatement of Teva's C$125m section 8 damages and a finding of misfeasance in processing Apotex’s Apo-Trazodone drug submission
Fri, 07 July 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
Thu, 06 July 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
Thu, 06 July 2017
The future of the Patent Trial and Appeal Board was placed in peril by two developments in June – a Supreme Court case that could find AIA trial unconstitutional and a bill in Congress that would completely gut the Board. But PTAB petitioners and fans of the Board have reason to be confident that both threats will be seen off
Thu, 06 July 2017
In a blockbuster week in Canada, the Supreme Court has struck down the promise doctrine and the Federal Court has handed Dow the largest reported patent infringement award
Wed, 05 July 2017
A Sir Paul MCCartney and Sony settlement, the end of the Washington Redskins’ trade marks battle, a Federal Circuit ruling that Judge Gilstrap erred by not awarding Newegg fees, Xiaomi’s acquisition of Nokia patents, a Nike opposition to a trade mark application and the USPTO’s intervention in an appeal of a Coalition for Affordable Drugs PTAB win were in the recent intellectual property news
Wed, 05 July 2017
In response to motions to dismiss or transfer cases based on improper venue, Judge Gilstrap of the Eastern District of Texas has laid out four factors for determining “regular and established place of business” – physical presence, defendant’s representations, benefits received and targeted interactions with the district
Fri, 30 June 2017
In the eagerly-awaited AstraZeneca Canada v Apotex ruling, Canada’s Supreme Court has struck down the “promise doctrine” and clarified the requirement for patent utility
Thu, 29 June 2017
The Patent Trial and Appeal Board has issued a rare granted motion to amend in Valeo North America v Schaeffler Tech, suggesting the Board is willing to consider well-crafted substitute claims
Thu, 29 June 2017
The STRONGER Patents Act would mean a weaker PTAB. The bill has received support from pro-patent groups but its critics say it “contains many terrible ideas” and “would for all practical purposes end AIA trial proceedings”
Wed, 28 June 2017
In Google v Equustek, the Supreme Court of Canada has upheld a worldwide interlocutory injunction against Google forcing the search engine to globally de-index Datalink’s websites being used to unlawfully sell the intellectual property of Equustek. The decision was welcomed by the music industry but disappointed free expression advocates
Wed, 28 June 2017
A denial of Qualcomm’s motion to dismiss the FTC case against it, USPTO examiner guidance on Section 2(a), a Federal Circuit ruling that the USPTO can seek attorneys’ fees, the districts with the most patent cases since TC Heartland, a $56m trade secrets settlement and rumours that Andrei Iancu will be USPTO director were in the recent intellectual property news
Wed, 28 June 2017
This month saw the PTAB issue the final decision on a Kyle Bass inter partes review. Michael Loney asks whether that’s the last we’ll see of Bass at the Board and analyses the legacy of his campaign against pharmaceutical patents
Wed, 28 June 2017
James Haley is to join the new law firm created as part of Ropes & Gray’s restructure of its IP rights management practice
Fri, 23 June 2017
The US Supreme Court in Sandoz v Amgen remanded the question of whether an injunction is available to Amgen under state unfair competition laws. Natalie Rahhal analyses how the Federal Circuit may rule
Fri, 23 June 2017
The US Supreme Court ruled on eight intellectual property cases this term. Get up to speed with our overview of the cases and links to our analysis of the decisions and arguments
Thu, 22 June 2017
A ruling in the Jersey Boys copyright dispute, a $235m award to GlaxoSmithKline, the end of Gene Simmons’ efforts to register a hand gesture as a trade mark, a process to add Yoko Ono to Imagine’s songwriting credits, the top 100 universities granted patents and amendments to Texas trade secrets law were in the intellectual property news in the past week
Thu, 22 June 2017
The STRONGER Patent Act would reform the Patent Trial and Appeal Board and address “the continual weakening of patent rights by the courts”, according to sponsors Senators Coons, Cotton, Durbin and Hirono
Mon, 19 June 2017
The US Supreme Court’s recent Impression Products v Lexmark ruling made clear a product sale exhausts patent rights regardless of restrictions or location of sale. Michael Loney talks to Mayer Brown’s Andrew Pincus about how he won the case for Impression Products and what its impact will be
Thu, 15 June 2017
The US Supreme Court would create a mess that would need Congressional action were it to find inter partes reviews unconstitutional in the Oil States case. But a reversal of the Federal Circuit in this case is less likely than in other patent cases the court has taken on recently
Wed, 14 June 2017
The TC Heartland decision has overhauled patent venue in the US but it does not mean that efforts in Congress to address venue through legislation are dead. Politicians in the House Judiciary Committee this week, as well as some patent practitioners, believe TC Heartland was only a step in the right direction
Mon, 12 June 2017
The Supreme Court in the Sandoz v Amgen biosimilar case has ruled that an injunction is not available under federal law and an applicant may provide notice before obtaining a licence from the FDA. The ruling is a win for Sandoz, but the case was remanded for the Federal Circuit to rule on whether an injunction is still available under state law
Mon, 12 June 2017
The Supreme Court has granted cert to Oil States Energy Services v Green’s Energy Group to assess whether inter partes review violates the Constitution by not providing a jury trial. It is the third PTAB case the court will hear
Mon, 12 June 2017
A Foley & Lardner study of generic drug company IPRs against pharmaceutical patents shows an increased willingness to use the PTAB, an above-average institution rate but below-average invalidation rate
Thu, 08 June 2017
Speculation about why Michelle Lee resigned as USPTO director, the IPO releasing its list of the top 300 organisations granted US patents, Federal Circuit arguments in Amgen and Sanofi’s dispute over cholesterol drug patents, a setback for Puma in its lawsuit against Forever 21, how TC Heartland will affect Section 101 rulings, and an affirmation of a $234m verdict against Apple were in the recent intellectual property news
Wed, 07 June 2017
A new procedure for approving pharmaceutical patents in Brazil comes into effect on June 12 with the aim of ending the arduous double examination by the BPTO and Anvisa. Uncertainties such as whether the national health agency will be happy to be overruled by BPTO will need to be resolved to overcome doubts, however
Wed, 07 June 2017
USPTO director Michelle Lee has resigned, with no explanation given. USPTO associate solicitor Joseph Matal has taken over her duties
Tue, 06 June 2017
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. The cases filed in the Eastern District since the ruling and judges’ orders on motions to transfer venue provide some clues about what to expect
Tue, 06 June 2017
An International Trade Commission judge has recommended Garmin pay a $37m penalty for importation and sale of products featuring scanning sonar technology, which complainant Navico believes is the “largest ever” ITC recommended fine
Mon, 05 June 2017
Patent Trial and Appeal Board filing in May was below average for the year, but included a record amount of PGR petitions. The month was also notable for the Supreme Court taking on a PTAB case and the Board dismissing an IPR against a state entity on sovereign immunity grounds for the second time
Thu, 01 June 2017
Nokia and Apple ending their dispute, a $43m Spotify settlement, the PTAB invalidating a Humira patent, an increase in Blackberry’s award from Qualcomm to $940m, the intellectual property czar’s nomination hearing, the Trump budget requesting $3.6bn for the USPTO, Uber firing the engineer involved in its trade secrets dispute with Waymo, and the District of Delaware inviting four Pennsylvania judges to handle cases were in the recent IP news
Thu, 01 June 2017
Dámaso Pardo has been running Argentina’s patent and trademark office for almost a year. As he told Michael Loney, he has established a strategic plan with three main goals
Thu, 01 June 2017
A record number of trade mark professionals attended the INTA Annual Meeting. So did Managing IP, publishing our Trademark Times newsletter. The overwhelming feeling was Barcelona was a great city to hold the meeting in, but challenges including long lines, an over-packed finale and even muggings
Wed, 31 May 2017
The US Supreme Court has ruled that patents rights in a product are exhausted after sale in the US or internationally, in a decision that included some strongly-worded pushback of the Federal Circuit. Pharmaceutical companies could be particularly affected because of their downstream licensing models
Fri, 26 May 2017
Filing in the Eastern District of Texas has ground to a halt, one judge has already factored it into an order and IP observers have been busy on social media debating its "seismic" impact – Managing IP collates the best reaction to the Supreme Court’s TC Heartland v Kraft ruling on patent venue
Wed, 24 May 2017
The US Supreme Court may be set to end the Patent Trial and Appeal Board’s practice of instituting only some of the claims challenged in a petition and replace it with an “all or nothing” system, after granting cert in SAS Institute v Lee
Wed, 24 May 2017
Christian Peugeot, President of Unifab and marketing director of PSA, talks to Shaun Tan about China’s draft e-commerce law
Tue, 23 May 2017
The INTA Exhibition Hall is always busy. We took a look at some of the new services and competitions being offered by exhibitors
Tue, 23 May 2017
Ever wondered if your peers attend events in the same way that you do? Ahead of the INTA Annual Meeting in Barcelona, IP STARS conducted an online survey. Michael Loney reports
Tue, 23 May 2017
Fans of the EU trade mark (EUTM) will all have enjoyed last year’s trade mark reform package, which starred the notorious Section 28(8) declarations. But did you know that the sequel is released on October 1 this year, and will feature changes affecting examination, oppositions and appeals?
Tue, 23 May 2017
Dan Plane of Simone Intellectual Property Services Asia yesterday gave INTA Annual Meeting attendees the latest advice on protecting brands in China, during the “A Passage out of China – Is It Any Easier?” session.
Tue, 23 May 2017
An open house session with IP office representatives yesterday provided INTA Annual Meeting registrants with the latest IP developments in their respective countries
Mon, 22 May 2017
Patent case filing will fall in the Eastern District of Texas following the Supreme Court’s ruling in TC Heartland v Kraft that residence of domestic corporations in §1400(b) refers only to the state of incorporation of the alleged infringer – the most important US patent decision since Alice
Mon, 22 May 2017
The Ninth Circuit’s ruling that the Google name is not generic eases trademark owners’ worries about protecting their brands against usage as a verb
Mon, 22 May 2017
The issue of whether existing trademarks should be taken into account when considering an application was discussed during an international judges panel at the INTA Annual Meeting yesterday
Mon, 22 May 2017
The dramatic increase in EU trademark filings of the past few years looks set to slow, EUIPO Executive Director António Campinos said
Mon, 22 May 2017
What do consumers think about IP and why do they buy counterfeits? These are just some of the questions addressed by the EU Observatory on Infringements of Intellectual Property Rights, as its chief economist Nathan Wajsman explains
Mon, 22 May 2017
The new rule changes brought in at the Trademark Trial and Appeal Board (TTAB) have gone smoothly. The TTAB is now looking at bringing in a new cancellation proceeding, INTA Annual Meeting attendees heard yesterday
Sat, 20 May 2017
The clock is ticking: on March 29 UK Prime Minister Theresa May sent a letter to European Council President Donald Tusk notifying him of the UK’s intention to leave the EU. The decision will have important consequences for IP rights, legislation and agreements
Sat, 20 May 2017
James Nurton talks to IACC President Bob Barchiesi about counterfeits, China and the Coalition’s governance
Sat, 20 May 2017
Reputation, expertise and costs are the top three considerations for in-house counsel hiring outside advisers, according to IP STARS research. Kingsley Egbuonu reports
Thu, 18 May 2017
A Delaware judge has denied AVM’s $2 billion patent infringement claim against Intel. But WilmerHale’s Bill Lee tells Managing IP Lee he expects more litigation funder-driven patent suits
Wed, 17 May 2017
Durie Tangri co-founder Daralyn Durie is one of Silicon Valley’s most prominent patent trial lawyers. She talks to Natalie Rahhal about her career path and the unique challenges for a woman litigator
Wed, 17 May 2017
PwC’s 2017 Patent Litigation Study highlights a number of interesting US trends, including the increasing gap between NPE and practicing entity damages and the top 10 awards ever
Wed, 17 May 2017
The American Intellectual Property Law Association has revealed its long-awaited proposed amendment for subject matter eligibility. It follows similar proposals from IPO and ABA
Wed, 17 May 2017
Samsung and Intel supporting the FTC’s lawsuit against Qualcomm, the latest in the Waymo/Uber trade secrets dispute, Amgen filing a BPCIA lawsuit, a copyright case involving Conan O’Brien jokes, Cloudflare going on the offensive against Blackbird Tech and a covered business method survey were in the recent intellectual property news
Thu, 11 May 2017
A report from Lex Machina reveals Hatch-Waxman/ANDA case filing dropped last year. It also ranks the busiest pharmaceutical companies and law firms for ANDA litigation
Thu, 11 May 2017
The Defend Trade Secrets Act has been in effect for a year, 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
Wed, 10 May 2017
A dispute over Hotel California, en banc argument in Wi-Fi One at the Federal Circuit, a 64% increase in hashtag trade mark applications, a paper discussing IP protection for emojis, and the US government urging the Supreme Court not to hear the dancing baby copyright case were in the recent intellectual property news
Tue, 09 May 2017
The 414 cases filed in US district courts last month was the highest of the year so far but 2017 is still off the pace of recent years. April’s most-notable litigation was Bristol-Myers Squibb and Pfizer suing generic drug makers over Eliquis
Tue, 09 May 2017
The number of pharma patent complaints at the International Trade Commission was up greatly last year. Natalie Rahhal analyses what is driving this and what benefits the ITC brings for pharmaceutical companies
Wed, 03 May 2017
A recent Intellectual Ventures lawsuit filed with a companion ITC complaint may be a sign of what is to come in patent assertion entity litigation, with one observer describing it as “a formidable new change”. The ITC has now instituted the investigation against car manufacturers and parts makers
Wed, 03 May 2017
IPR filing so far in 2017 is up on last year, but CBM and PGR filing are both down. Michael Loney analyses Patent Trial and Appeal Board petition activity in April, and highlights a rare instance of the ITC taking notice of PTAB institution decisions
Tue, 02 May 2017
In Helsinn v Teva, the Federal Circuit has ruled the America Invents Act did not change the meaning of “on sale” and the bar applies if the existence of the sale is public, even if the details of the invention are not publicly disclosed
Tue, 02 May 2017
Events marking World IP Day, the launch of PatentShield by Intertrust Technologies and Google, the 2017 USTR Special 301 Report, a further deterioration in relations between Qualcomm and Apple, and PTAB filing statistics were in the recent intellectual property news
Thu, 27 April 2017
Natalie Rahhal analyses oral arguments at the Supreme Court in the Sandoz and Amgen patent dispute over the Biosimilar Price Competition and Innovation Act
Thu, 27 April 2017
The House of Representatives has approved by a vote of 378-48 the Register of Copyrights Selection and Accountability Act, which would make changes to the selection process for the head of the Copyright Office
Thu, 27 April 2017
Cuker Interactive has won a trade secret dispute stemming from a consulting agreement under which Cuker agreed to help modernise the e-commerce website for Asda Stores, Wal-Mart’s business in the UK
Tue, 25 April 2017
American Continental Group’s Marla Grossman has recently been involved in legislative efforts to overhaul Section 101 and make the selection of the copyright register more efficient. She tells Natalie Rahhal about her career path to being an IP influencer
Tue, 25 April 2017
A Supreme Court petition in the “Who’s on first?” dispute, the top law firms by number of patent accusations, FTC letters reminding influencers and brands to disclose their relationships, Snap buying a geofilter patent and the latest in the Richard Prince copyright case were in the recent intellectual property news
Tue, 25 April 2017
A jury in the District of Delaware has found Ardagh Glass infringed a Green Mountain Glass patent covering a type of recycled glass, and awarded $50.3m
Wed, 19 April 2017
Managing IP’s regular review of the latest moves and appointments in the US includes hires by Oblon, Schiff Hardin, Covington & Burling, and Goodwin Procter, as well as the latest on the USPTO leadership
Tue, 18 April 2017
IV stopping buying patents, WiLAN changing its name and diversifying from “lumpy” licensing, University of California/Berkeley appealing the PTAB’s CRISPR ruling, Apple settling with Unwired Planet on the eve of trial, the New York Times’ analysis of President Trump’s trade marks, and the Electronic Frontier Foundation hitting back at a company that sued over the “Stupid Patent of the Month” were in the recent intellectual property news
Tue, 18 April 2017
Morrison & Foerster partner Mark Whitaker is in the middle of a busy term as president of the American Intellectual Property Law Association. He talks to Michael Loney about legislative fixes to patent venue and Section 101, what changes to the PTAB he would like, how responsive to IP the Trump administration will be, and the outlook for the International Trade Commission
Mon, 17 April 2017
A case with origins in a patent application filed more than 40 years ago may finally have concluded. Natalie Rahhal analyses the twists and turns in the Bard and WL Gore dispute, including a jury verdict in March
Sat, 15 April 2017
Qualcomm had a busy week: first, filing a counterclaim against Apple in the licensing dispute between the two companies and, then, being hit with a binding interim arbitration award requiring it to refund $814.9m to BlackBerry related to royalties
Fri, 14 April 2017
Speakers discussed PTAB issues of interest and other hot topics at Managing IP’s US Patent Forums, including estoppel, a reawakening of APA issues at the Federal Circuit, the upcoming en banc rehearing of Wifi One v Broadcom, stay success rates, best strategies for using experts before the Board, and life sciences’ better survival rate in final written decisions
Thu, 13 April 2017
The FDA’s “Abbreviated New Drug Applications and 505(b)(2) Applications” final rule was issued in October last year. It is long and mostly codifies standard practices, but Natalie Rahhal picks out a few changes that could have a bigger effect on Hatch-Waxman practitioners
Thu, 13 April 2017
Speakers on an International Trade Commission panel at Managing IP’s US Patent Forum analysed recent notable cases such as February’s Organik Kimya Federal Circuit decision and gave best practices on enforcing an exclusion order
Wed, 12 April 2017
First-quarter patent infringement lawsuit filing in US courts was essentially the same as 2016’s first quarter. Natalie Rahhal analyses the figures and reveals the top plaintiffs, defendants and law firms so far this year and for the whole of 2016
Wed, 12 April 2017
More than 300 cases have been filed so far involving Defend Trade Secret Act claims, but only two ex parte seizure orders have been granted. Areas of the DTSA where uncertainty still exists include hacking, cloud-based activities and employee access
Wed, 12 April 2017
A settlement in the $20m copyright claim over an Ed Sheeran song, Marathon’s relationship with Erich Spangenberg’s new company, a setback for Puma in its Forever 21 dispute, President Trump’s intention to nominate Vishal Amin as IP czar, a TTAB ruling on Marijuanaville and new LOT Network members were in the recent intellectual property news
Tue, 11 April 2017
Patent Trial and Appeal Board petition filing in the first three months of 2017 was the largest quarterly filing figure ever. Michael Loney reveals the top petitioners, patent owners and law firms and analyses recent Federal Circuit and Board decisions of note
Tue, 11 April 2017
Speakers at a recent Managing IP event called for the PTAB to give more precedential opinions to reduce inconsistencies between different panels, and identified gaps that the Board should address
Mon, 10 April 2017
Speakers at a recent Managing IP event suggested US patents can be drafted to direct them into an art unit that will minimise the risks of 101 rejections. The lessons from Enfish and MCRo were also discussed
Mon, 10 April 2017
At recent Managing IP events, PTAB judges discussed what practitioners do wrong during proceedings and shared tips for expert declarations, oral arguments and motions to amend. It was also revealed the Board has set a goal of dealing with remands within six months
Fri, 07 April 2017
USPTO announces initiative to examine Patent Trial and Appeal Board procedures including those relating to multiple petitions, motions to amend, claim construction and decisions to institute
Wed, 05 April 2017
The ABA has proposed an amendment to Section 101, which follows an IPO subject matter eligibility proposal in January. The president of AIPLA has told Managing IP his association’s board will likely approve a 101 proposal within the next six weeks
Wed, 05 April 2017
The Patent Trial and Appeal Board has allowed Shire to cancel all claims instituted for inter partes review except for one multiple dependent claim that was amended to depend on only non-instituted claims
Wed, 05 April 2017
The Federal Circuit’s denial of en banc review of Unwired Planet v Google, a record quarter for PTAB petition filing, a false advertising case involving garbage bag makers, the latest on USPTO leadership and IACC praise for a President Trump executive order were in the recent intellectual property news
Wed, 05 April 2017
A busy awards season for Managing IP is now over, with the winners of both our Global Awards and North America awards announced last month. Recap who the winners were and view photos from our awards dinners in London and New York
Wed, 05 April 2017
Print copies of our latest issue are now on their way to readers all over the world. Rather than wait for the post, subscribers can read the full contents online now! The April issue includes a cover story on eligible patent subject matter in the US and three articles on the CJEU
Tue, 04 April 2017
Hasbro is trying to register a US trade mark for the smell of Play-Doh, despite only a few scent marks being registered at the USPTO. Natalie Rahhal asks why a company would seek this type of mark and what the process is for getting one
Wed, 29 March 2017
A bill that would require that the head of the US Copyright Office is a presidential nominee has been approved by the US House of Representatives judiciary committee. Bob Goodlatte, the committee’s chairman, says this is “the first initial legislative step” of wider copyright reform
Wed, 29 March 2017
Microsoft’s patent licensing agreement with Toyota, a new USPTO Working Group on Regulatory Reform, LG’s first complaints against another phone manufacturer, Honduras’ ratification of the Marrakesh treaty, a copyright settlement between Kanye West and a Hungarian songwriter, the first injunction in a SEP infringement suit issued by the Beijing Intellectual Property Court, and a trade dress win for Dan Aykroyd's Crystal Head Vodka were in the recent intellectual property news
Wed, 29 March 2017
Questions from some Supreme Court justices in oral arguments in TC Heartland v Kraft suggested a desire to overturn the Federal Circuit on patent venue. Natalie Rahhal analyses the issues discussed and likely outcomes of the case
Tue, 28 March 2017
The Supreme Court oral arguments in Impression Products v Lexmark International addressed whether a sale of a patented article outside the US exhausts the US patent rights in that article. Observers believe the court’s Kirtsaeng ruling and the recent SCA Hygiene ruling could influence the outcome
Fri, 24 March 2017
The North America Awards Dinner was held at the Four Seasons in Washington DC on March 23, revealing the best intellectual property law firms, individuals and cases of the past year
Wed, 22 March 2017
The Supreme Court has held that the designs in a cheerleading uniform satisfy the test for copyright protection in its Star Athletica v Varsity Brands ruling. Observers say the decision provides a standard test to be applied to the separability analysis
Wed, 22 March 2017
Tribunal in NAFTA arbitration between Eli Lilly and the Canadian government has found the application of the promise doctrine did not involve a fundamental change in the country’s patent law, in a keenly-anticipated decision
Wed, 22 March 2017
The Patent Trial and Appeal Board has now given rulings in all 33 petitions filed by Kyle Bass’s Coalition for Affordable Drugs. The final tally is that the coalition succeeded in getting claims invalidated in 27% of the total petitions filed and 50% of those that were instituted
Wed, 22 March 2017
The Supreme Court rejected wholesale the Federal Circuit’s stance that laches be an available defence in patent law, in its SCA Hygiene v First Quality ruling
Wed, 22 March 2017
The Ninth Circuit reversing a July 2015 win for streaming company FilmOn, the Supreme Court hearing Lexmark oral arguments, fourth-quarter US patent sales holding steady, the Stairway to Heaven copyright case being appealed, the launch of the Blockchain Intellectual Property Council, and Adidas suing Juicy Couture for trade mark infringement were in the recent IP news
Tue, 21 March 2017
The Federal Circuit maintains its high invalidity rate on Section 101 decisions so far this year but the district court rate has fallen, according to new figures from Fenwick & West’s Robert Sachs. One interesting recent trend is the PTAB has reversed all 16 ex parte appeals of Section 101 rejections since October
Tue, 14 March 2017
The Canadian Federal Court has shown it isn’t playing when it comes to copyright infringement in game industry, in the first ruling to consider technological protection measures introduced in 2012
Tue, 14 March 2017
A jury awarding Whirlpool $7.6m, the PTAB upholding Acorda patents in four Kyle Bass IPRs, the USPTO confirming Michelle Lee is still director and Anthony Scardino is acting deputy director, Waymo adding a patent claim to its dispute with Uber, Malibu Media filing its first copyright suits for three months, and the IP Commission Report updating IP theft losses were in the recent intellectual property news
Tue, 14 March 2017
The Federal Circuit has upheld patents disclosing a system of sensors affixed to a helmet under Section 101, in its Thales Visionix v United States ruling
Tue, 14 March 2017
The International Trade Commission will hold an oral hearing in Certain Carbon and Alloy Steel in April. This is only the second oral argument granted in nearly 10 years, following one in November last year
Wed, 08 March 2017
An attorney involved in Prenda Law’s $6m copyright trolling scheme pleading guilty, Perfect 10’s assets being put into receivership, the USPTO making payments to the Department of Commerce under the shared services initiative, the USPTO suspending an ex-Niro lawyer, and Forever 21 labelling Adidas a trade mark “bully” were in the recent intellectual property news
Wed, 08 March 2017
Ropes & Gray will leave the patent prosecution business, with the spin-out of a new firm with Joseph Guiliano as head
Wed, 08 March 2017
Judge Sleet of the District of Delaware has dismissed Genentech’s biosimilar complaint against Amgen for lack of subject matter jurisdiction, and granted 45 days for an amended complaint to be filed
Tue, 07 March 2017
A jury in the District of Kansas has found Timer Warner Cable infringed five Sprint Communications patents, and awarded the biggest patent damages so far this year
Tue, 07 March 2017
Natalie Rahhal analyses the patent disputes that have been filed so far around biosimilars and previews what issues to expect this year
Tue, 07 March 2017
Patent Trial and Appeal Board petition filing last month was down 47% on the record January. Michael Loney reveals the busiest entities and analyses Federal Circuit and Board decisions in February, including the latest Kyle Bass final written decisions
Fri, 03 March 2017
Law professor Dennis Crouch is calling for the Federal Circuit to not give Rule 36 affirmances in PTAB appeals, arguing it is required by statute to issue an opinion. The court has continued to issue them but has asked for briefing in two en banc rehearing requests of affirmances
Fri, 03 March 2017
China’s IP office has released new guidelines that include a reduction in restrictions on software patents. Observers say it is not clear how big an effect it will have in practice
Wed, 01 March 2017
The Federal Circuit has found invalid three Smartflash patents that an Eastern District of Texas jury had awarded $530m in damages for Apple infringing in 2015. The appeals court said Smartflash’s asserted claims are analogous to Ultramercial and distinct from DDR Holdings.
Wed, 01 March 2017
Google’s request for a writ of mandamus to transfer a case brought by Eolas Technologies to the Northern District of California from the Eastern District of Texas has been granted, with the Federal Circuit citing “a clear abuse of discretion”
Wed, 01 March 2017
A Google subsidiary suing Uber for alleged trade secrets misappropriation, the first jury verdict under the Defend Trade Secrets Act, the PTAB upholding a patent in its latest Kyle Bass decision, Alibaba criticising China’s “ambiguous counterfeiting laws”, and the Supreme Court asking for a USPTO response in the Oil States PTAB case were in the recent intellectual property news
Tue, 28 February 2017
Dominion Harbor has acquired Intellectual Ventures’ portfolio of Kodak patents. Its CEO, David Pridham, tells Michael Loney his plans for the portfolio and how he views the patent monetisation market
Fri, 24 February 2017
The Federal Circuit has concluded “the patent at issue is outside the definition of a CBM patent that Congress provided by statute” in its Secure Axcess v PNC Bank National Association ruling. Judge Lourie wrote a dissent, backing up the PTAB’s determination
Thu, 23 February 2017
Genentech filing a biosimilars complaint against Amgen, SiriusXM being granted summary judgment in a pre-1972 copyright case in New York, filing in the Eastern District of Texas slumping, Donald Trump being approved for a trade mark for his name in China, and BlackBerry suing Nokia for patent infringement were in the recent intellectual property news
Thu, 23 February 2017
The Supreme Court has reversed the Federal Circuit in Life Tech v Promega, ruling that manufacture and exportation of a single component of a patented invention assembled in another country is not enough for infringement in the US. However, as a concurring opinion and observers note, the court did not indicate how much more than one is enough
Wed, 22 February 2017
The eagerly-anticipated ruling from the PTAB of “no interference-in-fact” is a win for the Broad Institute in its CRISPR patent battle with University of California Berkeley. But much wrangling lies ahead over the rights to the gene-editing technology, including a potential appeal and likely licensing disputes
Wed, 22 February 2017
Highlights at the International Trade Commission in 2016 included the most Section 337 investigations since 2011, the first live hearing for a decade and the first antitrust claim for 25 years. Michael Loney asks ITC practitioners what trends they expect in 2017
Fri, 17 February 2017
A Patent Trial and Appeal Board finding of unpatentability for obviousness based on two prior-art references in Personal Web Technologies v Apple has been remanded because “the Board did not adequately support its findings”
Thu, 16 February 2017
Managing IP’s regular review of the latest moves and appointments in the Americas includes Paul Weiss Rifkind Wharton & Garrison hiring Ropes & Gray’s PTAB chair, an IP law firm merger in Ecuador and much more
Wed, 15 February 2017
The USPTO ruling “no interference in fact” in the CRISPR patents dispute, the unveiling of a new non-profit devoted to increasing awareness of IP rights, Alibaba accusing agencies of filing false complaints, IBM’s Manny Schecter calling for Congress to act on Section 101, and new patent case rules in the Northern District of California were in the intellectual property news in the past week
Wed, 15 February 2017
The Federal Circuit has found Watson did not infringe Shire’s patent for Lialda, noting the “rare” exception established by Norian to the presumptively closed nature of the “consisting of” language
Wed, 15 February 2017
An inventor and the estate of his late partner have been awarded $20m by an Eastern District of Texas jury for Google infringing three patents through its Chrome browser, in a case on remand from the Federal Circuit
Tue, 14 February 2017
Michael Loney rounds up Patent Trial and Appeal Board-related decisions of note in January, including a precedential Federal Circuit decision on standing to appeal in Phigenix v ImmunoGen and two district court estoppel decisions
Sat, 11 February 2017
After a 15-year wait, two interlocutory injunctions have been granted in trade mark cases in Canada in the past two years. The latest one came in a trade mark dispute between Sleep Country and Sears over slogans for mattresses
Fri, 10 February 2017
In an interview, Erich Andersen explains Microsoft’s new programme to protect customers against IP litigation related to cloud computing, including making 10,000 patents available and pledging to Azure customers that if it transfers patents to non-practising entities they cannot be asserted against them
Fri, 10 February 2017
The Central District of California and Southern District of New York are the top districts for US copyright litigation since 2009, a Lex Machina report reveals. In the past year, textile pattern litigation has increased greatly, while file-sharing cases have dropped
Thu, 09 February 2017
Jane Politz Brandt has made a name for herself trying high-profile cases, particularly in the Eastern District of Texas, where she is co-chair of Thompson & Knight’s intellectual property practice group. In our latest Women in IP interview, she talks with Natalie Rahhal about mentorship and secrets to success
Wed, 08 February 2017
RPX’s board says its CEO resigned as “a result of Mr Amster's request that the Board commence a process to sell the company in a going-private transaction”
Wed, 08 February 2017
The Federal Circuit remanding Apple and Samsung’s design patent damages case back to district court, a jury awarding Zenimax $500m against Facebook, the US Chamber of Commerce releasing its annual IP Index, the Eastern District of Texas staying 20 cases involving Amazon, and Bob Goodlatte outlining his IP agenda were among recent intellectual property stories
Wed, 08 February 2017
The top petitioners, patent owners, law firms and attorneys in Patent Trial and Appeal Board petitions filed in 2016 have been revealed from Docket Navigator data. Apple only just hung onto its top petitioner status
Tue, 07 February 2017
(UPDATED FEBRUARY 8) Last month’s granting of an Amgen permanent injunction motion in its cholesterol drug patent dispute with Sanofi and Regeneron would “give another arrow in the quiver” of those seeking permanent injunctions in similar cases, if it is upheld on appeal
Tue, 07 February 2017
The shortlists for this year’s Managing IP North America Awards have been announced. The outstanding intellectual property firms and individuals in the US and Canada will be chosen from these, and revealed at a dinner in Washington DC on March 23
Tue, 07 February 2017
246 Patent Trial and Appeal Board petitions were filed in January, according to data taken from Docket Navigator. No month had broken 200 petitions before. In contrast, district court patent case filing slumped
Fri, 03 February 2017
Natalie Rahhal analyses the issues at stake when the US Supreme Court hears the biosimilars dispute between Sandoz and Amgen later this year
Wed, 01 February 2017
How Neil Gorsuch's appointment to the US Supreme Court would affect intellectual property, the invalidation of four of Teva’s Copaxone patents, Tim Cook’s sofa analogy about Qualcomm, Apple’s IPR strategy and a comprehensive overview of NFL-related litigation were in the recent intellectual property news
Wed, 01 February 2017
The Patent Trial and Appeal Board has dismissed three inter partes review petitions filed by Covidien because the University of Florida Research Foundation is entitled to an Eleventh Amendment sovereign immunity defence
Tue, 31 January 2017
Qualcomm is facing an FTC complaint alleging unfair methods of competition while Apple has sued it in the US and China. But observers question whether the FTC’s complaint can go the distance
Wed, 25 January 2017
Since the election of Donald Trump, IP observers have been speculating about what IP-related action he may take. A new report concludes he will likely be much more patent friendly than Obama
Wed, 25 January 2017
An Apple lawsuit against Qualcomm, Sir Paul McCartney’s efforts to regain ownership over Beatles songs, a $625m Merck patent settlement with Bristol-Myers Squibb, a Star Trek copyright lawsuit, the end of Niro Law, and the top 10 TTAB decisions of 2016 were in the recent intellectual property headlines
Mon, 23 January 2017
Supreme Court justices grappled with issues including whether trade marks are commercial speech rather than expressive speech, in oral arguments in Lee v Tam. Natalie Rahhal examines the arguments made and how the court may rule
Mon, 23 January 2017
Supreme Court justices grappled with issues including whether trade marks are commercial speech rather than expressive speech, in oral arguments in Lee v Tam. Natalie Rahhal examines the arguments made and how the court may rule
Thu, 19 January 2017
Laurie Self found herself at the forefront of IP issues early on in her career, and has maintained her involvement there ever since. In our latest Women in IP interview, she discusses policy, enforcement and the gender gap with Natalie Rahhal
Wed, 18 January 2017
As of the end of the year, the Federal Circuit had affirmed on every issue in 77.4% of the Patent Trial and Appeal Board appeals it had seen. Finnegan has analysed what parties can expect from cases that are remanded to the Board
Wed, 18 January 2017
We look back on last year’s Canadian intellectual property highlights and most interesting cases, including a highly-anticipated copyright fair use ruling, clarification of the double patenting test, CETA legislation and the introduction of patent and trademark agent privilege
Wed, 18 January 2017
An FTC complaint against Qualcomm, new antitrust guidelines for the licensing of intellectual property, Maria Pallante's new job at the Association of American Publishers, data on motions to transfer venue in patent cases, and Biogen’s $1.25 billion settlement and licence agreement deal with Forward Pharma were in the recent IP headlines
Wed, 18 January 2017
The Supreme Court’s impressive appetite for IP cases dominates the forthcoming intellectual property trials and judgments in the US – with decisions in seven cases to come. The Federal Circuit will also issue two en banc decisions from PTAB appeals
Mon, 16 January 2017
Among potential trials and judgments expected in Canada in 2017 are the Supreme Court weighing in on the controversial promise doctrine, a case involving a worldwide injunction against Google.ca, and two pharmaceutical patent case appeals
Sat, 14 January 2017
The dispute between Amgen and Sandoz over aspects of the so-called patent dance outlined in the Biologics Price Competition and Innovation Act was granted cert by the US Supreme Court
Thu, 12 January 2017
Data and analysis: December Patent Trial and Appeal Board petition filing was the fourth-highest of 2016, the Federal Circuit recently heard en banc arguments in one PTAB appeal and granted en banc rehearing in another, the appeals court remanded the Board in In re NuVasive, and the District of Delaware interpreted the scope of estoppel narrowly in Intellectual Ventures v Toshiba
Thu, 12 January 2017
The Federal Circuit in its precedential decision in Phigenix v ImmunoGen has ruled the petitioner lacked standing to appeal a Patent Trial and Appeal Board final written decision because of insufficient evidence to show an “injury-in-fact”
Wed, 11 January 2017
Suggestions for the next USPTO director, AIPLA’s advice for US president-elect Trump, an injunction preventing Sanofi selling a drug during the term of two Amgen patents, a review of software copyright litigation since Oracle v Google, a list of top global innovators, and reviews of 2016 for patent licensing stocks and the PTAB were in the recent intellectual property headlines
Wed, 11 January 2017
Patent case filing in US district courts fell 21% and PTAB petition filing fell 2% in 2016 over the previous year, according to figures taken from Docket Navigator. An RPX report has also revealed the most prolific NPEs of the year
Wed, 11 January 2017
The IFI Claims US Top 50 ranking of patent recipients reveals IBM acquired the most patents ever of any company in a year. Asian companies account for more than half of the top 50
Tue, 10 January 2017
Natalie Rahhal analyses the arguments of the amicus briefs filed in Lee v Tam, ahead of oral arguments in the case involving disparaging trade marks at the US Supreme Court on January 18
Tue, 10 January 2017
Sherpa Technology Group, White & Case, Arent Fox, Conversant, Hughes Hubbard & Reed and Neal Gerber & Eisenberg are among the firms making recent intellectual property hires, as well as the USPTO announcing PPAC and TPAC members
Wed, 04 January 2017
The Federal Circuit has granted en banc rehearing in Wi-Fi One v Broadcom. The court will consider whether judicial review is available for a patent owner to challenge the USPTO’s determination that the petitioner satisfied the timeliness requirement governing the filing of IPR petitions
Wed, 04 January 2017
Wearable device company Fitbit has moved for termination of its ITC patent complaint against Jawbone, which is unhappy at suggestions about its financial stability
Wed, 04 January 2017
Natalie Rahhal speaks to former Federal Circuit Chief Judge Paul Michel and others to assess the potential impact of In re TC Heartland at the US Supreme Court. One outcome could be a sharp fall in filing in the Eastern District of Texas and an increase in a potentially under-resourced District of Delaware
Wed, 04 January 2017
Interesting intellectual property stories in the final two weeks of 2016 included an important New York ruling on pre-1972 sound recordings, Qualcomm being fined in Korea and making patent licence deals in China, the USTR revealing its 2016 Notorious Markets List, and two lawyers being indicted for an “elaborate scheme to fraudulently obtain millions of dollars in copyright lawsuit settlements”
Thu, 22 December 2016
Michael Loney reveals interesting talking points from this month’s XIX Work Sessions and Administrative Council of ASIPI in Buenos Aires, including lessons from TPP, the Latin American Trademark Impact Study, the responsibility of ISPs for third party content, the limits of biotechnology, and the scope of athlete’s image rights
Wed, 21 December 2016
Jim Brogan, Brian Eutermoser and Janna Fischer discuss the ways that the unsuccessful IPR petitioner at the Patent Trial and Appeal Board still can challenge validity in subsequent district court litigation
Tue, 20 December 2016
During oral arguments for In re: Aqua Products, the Federal Circuit sitting en banc considered the burden of proof in motions to amend before the PTAB. Natalie Rahhal analyses the likely outcomes when the appeals court issues its decision in the case
Tue, 20 December 2016
The International Trade Commission has ruled that Arista’s components for routers and networking systems infringe two Cisco patents. This follows a June ITC judgment that Arista infringed three other Cisco’s patents
Fri, 16 December 2016
A Delaware jury has ordered Gilead Sciences to pay $2.54 billion in damages to Merck for infringing a patent related to hepatitis C treatment. It is the largest-ever patent damages award
Thu, 15 December 2016
The Eastern District of Texas’s dominance over patent cases is in peril after the Supreme Court granted cert in TC Heartland v Kraft Food Brands Group
Thu, 08 December 2016
With one month to go, 2016 is averaging 378 cases filed in US district courts a month – way down from a 508 monthly average for the whole of 2013, 418 in 2014 and 481 in 2015
Wed, 07 December 2016
The Life Tech v Promega case involving the export of components of patented inventions pitted Sidley Austin’s Carter Phillips against WilmerHale’s Seth Waxman during oral arguments
Wed, 07 December 2016
Data and analysis: November was a strong month for Patent Trial and Appeal Board filing, while the Federal Circuit took issue with several decisions coming out of the Board
Tue, 06 December 2016
Duran Duran losing a copyright case in the UK, a trade mark dispute between a supermarket and the Icelandic government, regime change at the USPTO, the Global Intellectual Property Center revealing its IP Champions, Music Canada appearing to change its tune, and the slowdown of 2015’s top US district court patent case filer were in the recent intellectual property headlines
Fri, 02 December 2016
The chair of AIPLA’s Women in IP Law Committee and the co-chair of the Advancement and Retention Subcommittee tell Natalie Rahhal how they promote retaining and advancing women
Wed, 30 November 2016
A report co-authored by CIPO reveals statistics on patent and trade mark filing and granting in Canada since 2006
Tue, 29 November 2016
Our latest supplements, focusing on Brazil and Mexico, are now available to read online for free
Tue, 29 November 2016
A Sirius settlement of up to $99m, a copyright loss for the Jersey Boys creators, more on Apple v Samsung at the Federal Circuit, a TiVo and Netflix patent agreement, the results of a USPTO post-grant outcomes pilot, and a petition asking the Supreme Court to review ITC adjudication of cases involving trade secret misappropriation in a foreign country were in the recent intellectual property headlines
Tue, 29 November 2016
Recent IP developments in Canada include the Federal Court ruling the distribution of a Blacklock’s Reporter article was fair use, requirements for French-language signage in Quebec coming into force, the Supreme Court hearing arguments in AstraZeneca Canada v Apotex, trade mark and patent owners preparing for CETA, and copyright and Canadian-made content being reviewed
Mon, 28 November 2016
The Federal Circuit’s Unwired Planet v Google decision will lead to more rigorous review of covered business method review petitions by the Patent Trial and Appeal Board and discourage filing
Wed, 23 November 2016
The Internet of Things necessitates standardisation and more collaborative, consolidated IP licensing structures
Wed, 23 November 2016
A panel on IP monetisation at the IP Dealmakers Forum discussed whether to partner or not and how to develop effective strategies
Wed, 23 November 2016
Recent intellectual property news includes the Federal Circuit reversing the TTAB over actual use in commerce, the Maple Leafs opposing a trade mark application from Snoop Dogg, the We Shall Overcome copyright case moving closer to trial, two Federal Circuit judges calling for en banc rehearing of a PTAB case, the number of cited references per patent rising, and amicus briefs being filed in the Tam and Flanax cases
Tue, 22 November 2016
In Unwired Planet v Google, the Federal Circuit has declared: “The Board’s application of the ‘incidental to’ and ‘complementary to’ language from the PTO policy statement instead of the statutory definition renders superfluous the limits Congress placed on the definition of a CBM patent”
Mon, 21 November 2016
IBM’s Manny Schecter cautioned against making trade secrets protection too strong on a panel discussing the Defend Trade Secrets Act at the IP Dealmakers Forum
Mon, 21 November 2016
A panel on the US election at the IP Dealmakers Forum speculated that the Trump administration may take a long time to appoint a USPTO director and the Republican leadership that worked on patent bills in the previous Congress will again push for reform
Fri, 18 November 2016
Federal Circuit and district court rulings interpreting the Supreme Court’s Halo opinion on enhanced damages were analysed in a webinar presented by Managing IP and Fitzpatrick
Thu, 17 November 2016
Medtronic has been ordered to pay $20.4m in damages by an Eastern District of Texas jury for infringing a doctor’s patents related to idiopathic scoliosis treatment
Thu, 17 November 2016
A recent Chilean Supreme Court ruling involving German sports company Puma and a network of schools may send a message to international trade mark owners not to bring technical issues before the court instead of matters of law
Tue, 15 November 2016
Founding members of The Turtles settling with SiriusXM, the end of a copyright case against Usher and Justin Bieber, an increase in women inventors on international patent applications, Donald Trump registering a trade mark in China, Amazon suing over counterfeit goods for the first time, and US companies doubling trade mark applications in Cuba were in the recent intellectual property headlines
Tue, 15 November 2016
Mary Boney Denison talks to Natalie Rahhal about her career path and setting an example for women at the USPTO
Tue, 15 November 2016
Philips and Masimo have ended their long-running dispute over blood oxygen measurement patents
Fri, 11 November 2016
The formation of Arnold & Porter Kaye Scholer, the retirement of a Northern District of California judge, and hires by Brooks Kushman, Osler, Honigman, Seyfarth Shaw, Mishcon de Reya, Morrison & Foerster, Quinn Emanuel, Katten and more
Thu, 10 November 2016
The completion of the USPTO’s clarity of record pilot, criticism of the US Copyright Office’s changes for renewal requirements for DMCA designated agents, an interview with the biggest filer of patent lawsuits this year, the cost of exemptions for small US restaurants and bars from paying public performance fees, and a settlement between Samsung and TiVo were in the intellectual property headlines in the past week
Mon, 07 November 2016
October district court patent case filing was above average for the year, but 2016 is still greatly down on recent years. The entity filing the most cases in the month was a new entity suing broadcasters and publishers, with the EFF already labelling its patent the “Stupid Patent of the Month”
Mon, 07 November 2016
The PTAB Bar Association has added more members and attracted more seed funding since it was announced in September. Managing IP talks to the association’s president-elect Erika Arner and vice-president Naveen Modi about its goals
Fri, 04 November 2016
The past four months have been stable for Patent Trial and Appeal Board filings, while October saw the Federal Circuit giving another ruling on reviewability of IPR institution in Medtronic, the PTAB issue Kyle Bass and printed publication decisions, and the USPTO propose fee increases and changes to patent agent privilege
Thu, 03 November 2016
The cases filed so far under the Defend Trade Secrets Act of 2016 and emerging legal and strategic issues facing DTSA litigants were discussed in a webinar hosted by Managing IP and Wolters Kluwer
Thu, 03 November 2016
The Supreme Court in SCA Hygiene v First Quality Baby Products, its second IP case of the week, weighed whether or not laches should apply in patent law
Thu, 03 November 2016
The Federal Circuit’s McRO v Bandai and Bascom v AT&T Mobility decisions identifying eligible subject matter are discussed in a USPTO update
Thu, 03 November 2016
The Coalition for Affordable Drugs has notched a flurry of PTAB wins in the past two weeks. The next decisions will not come until the new year, however
Wed, 02 November 2016
“There is no such single, succinct, usable definition or test” for defining an abstract idea, the Federal Circuit said while allowing a software patent to survive a Section 101 analysis for the fourth time since May
Tue, 01 November 2016
Supreme Court oral arguments in Star Athletica v Varsity Brands touched on copyright, cheerleader uniforms and camouflage, with observers uncertain the court will come up with an appropriate test for useful articles
Tue, 01 November 2016
Managing IP has two timely webinars coming up in November – one on Defend Trade Secrets Act cases, the other on enhanced damages under Halo
Tue, 01 November 2016
A backlog of Patent Trial and Appeal Board appeals is building up at the Federal Circuit. Finnegan’s Erika Arner discusses recent decisions of interest, including the appeals court affirming the invalidation of two patents cited in the creation of the covered business method patent programme
Mon, 31 October 2016
The Ninth Circuit’s en banc ruling says a case in which fee-shifting is appropriate is “simply one that stands out from others with respect to the substantive strength of a party’s litigating position”
Mon, 31 October 2016
The USPTO proposing to change its duty to disclosure rule, a copyright lawsuit involving Uptown Funk, Kyle Bass racking up further PTAB wins, more details about Maria Pallante’s departure as US register of copyrights, and the Supreme Court asking the government to weigh in on the Dancing Baby case were in the intellectual property headlines in the past week
Mon, 31 October 2016
The new AIPLA President, Mark Whitaker of Morrison & Foerster, outlines his hopes for the next year
Mon, 31 October 2016
The Supreme Court on Monday will hear oral arguments in a case involving copyright protection for cheerleader uniforms
Mon, 31 October 2016
Negotiations over patent licensing are tricky. One bad sign is if parties start discussing standard-essential patents in detail
Mon, 31 October 2016
Alice was the dominant topic in the AIPLA session "Addressing the Hot Topics of Today for Tomorrow's Business"
Mon, 31 October 2016
A panel during the Women in IP Law breakfast at the AIPLA annual meeting discussed best practices for retaining women
Mon, 31 October 2016
Guanyang Yao and Ran Wang of Liu Shen & Associates discuss the characteristics, judges and increasing caseload of China's three IP specialist courts
Mon, 31 October 2016
At the AIPLA annual meeting, Michelle Lee reflected warmly and proudly on the work that she and the Office have done in collaboration with IP offices and professionals in the US and abroad
Mon, 31 October 2016
Panelists at the AIPLA annual meeting discussed the Defend Trade Secrets Act, which one described as "the most significant development in trade secrets law in decades"
Mon, 31 October 2016
Patent Trial and Appeal Board judges gave tips on how to get the best results from AIA trial hearings
Fri, 28 October 2016
In a wide-ranging interview during yesterday's AIPLA Annual Meeting luncheon, Chief Judge David Ruschke of the Patent Trial and Appeal Board revealed his hopes for his tenure. Ruschke started in the role in May
Thu, 27 October 2016
Patent prosecutors are bound by a duty of candor requiring them to report known prior art. But the scope of doing so is a source of debate
Thu, 27 October 2016
There is no need for IP owners and advisers to panic following the UK vote to leave the EU. But now is a good time to consider how rights could be affected in the medium term
Thu, 27 October 2016
The Trademark Trial and Appeal Board has seen a slew of unusual cases this year, according to John Welch, an attorney with Wolf Greenfield
Thu, 27 October 2016
Patent prosecution is taking place against a backdrop of the press claiming many patents should not have been issued, allegations that patent examiners shirk their responsibilities and the technology industry being exasperated by the Alice aftermath
Thu, 27 October 2016
The trademark world has been closely following Lee v Tam, the dispute over the constitutionality of the USPTO's provision barring the registration of disparaging marks
Thu, 27 October 2016
We interview Lisa Jorgenson, AIPLA's executive director, ahead of the association's annual meeting, which starts today
Thu, 27 October 2016
The Patent Trial and Appeal Board has invalidated the claims of a patent covering Shire’s Gattex drug
Wed, 26 October 2016
Maria Pallante becoming the first US register of copyrights to be unwillingly removed from the role has led to a big backlash
Wed, 26 October 2016
September federal court decisions finding more eligible subject matter than ineligible for the first time since Alice, criticism of the FTC report on PAEs, the stay of the Redskins case, Congressmen raising trade mark concerns over Cuban cigars, the Supreme Court being asked to hear the Flanax case and Apple highlighting counterfeit goods sold on Amazon were in the recent intellectual property headlines
Mon, 24 October 2016
Maria Pallante has been appointed senior adviser for digital strategy by the Librarian of Congress after serving as register of copyright since 2011, with Karyn Temple Claggett appointed acting register of copyrights
Fri, 21 October 2016
Following a $14 million damages award being set aside in September and a new trial scheduled, Pure Storage agrees to pay Dell $30 million to settle all litigation
Tue, 18 October 2016
A good month for patentees in Section 101 rulings, the USPTO asking for input on subject matter eligibility, the US government recommending the Supreme Court take on a patent exhaustion doctrine case, Lucasfilm suing a “Lightsaber Academy” and support for a case seeking to end forum shopping were in the recent IP headlines
Tue, 18 October 2016
The Patent Trial and Appeal Board is the most popular venue for US patent disputes so far this year, overtaking the Eastern District of Texas. The turnaround is the result of a large drop in filing in Texas, but PTAB petition filing is also down on last year
Mon, 17 October 2016
Apple was put in a tough spot during oral arguments at the US Supreme Court over how the value of design patent infringement should be determined while it was unclear if the Justices were swayed by Samsung’s proposal of a two-part test for establishing the article of manufacture, believe observers
Fri, 14 October 2016
A four-year dispute has ended with U-Haul agreeing to pay $41.4 million to PODS, one of the largest trade mark settlements on record
Fri, 14 October 2016
The ability to include testimonial evidence with patent owner preliminary responses in Patent Trial and Appeal Board proceedings has not been much help since it was introduced in May, according to an analysis by Oblon’s Scott McKeown
Thu, 13 October 2016
Managing IP reveals data on US district court patent case filing so far in 2016, as well as the biggest plaintiffs and defendants. Natalie Rahhal talks to patent lawyers to identify the biggest pressures on patent litigation
Wed, 12 October 2016
Supreme Court justices grappled with how to define article of manufacture in design patent cases in arguments for Samsung v Apple, with Samsung’s lawyer proposing a two-step test and the government’s lawyer offering a four-factor test
Wed, 12 October 2016
A copyright case over Abbott & Costello’s “Who’s on First” routine being thrown out, criticism of Judge Mayer’s views of software patents, the Supreme Court denying cert to a PTAB case, an RWS inovia report on global patent trends, the closing of investigation cases against WIPO’s Francis Gurry, and two IP suits involving rappers were in the recent IP headlines
Wed, 12 October 2016
The Trademark Trial and Appeal Board has issued final rules that will take effect in January. The biggest focus is on making filing completely electronic
Tue, 11 October 2016
The 1,130 patent cases filed in US district courts in the third quarter was down from 1,299 in the second quarter. September was the third-quietest month so far this year for filing
Mon, 10 October 2016
The Federal Circuit sitting en banc has reinstated a $120m damages verdict for Apple. Three judges dissented, saying en banc review should never have been granted
Fri, 07 October 2016
A patent related to Lialda has been found valid in the first final written decision of a Coalition for Affordable Drugs inter partes review. Decisions from the Patent Trial and Appeal Board on three more patents challenged by the coalition are due this month
Thu, 06 October 2016
The Federal Trade Commission’s long-awaited patent assertion entity report differentiates between portfolio PAEs and litigation PAEs. The Innovation Alliance has called it an “unscientific case study”
Thu, 06 October 2016
Tiffany has been awarded $8.25 million in punitive damages for Costco falsely identifying rings as “Tiffany” rings. This is in addition to $5.5 million in compensatory damages
Wed, 05 October 2016
Managing IP reveals Patent Trial and Appeal Board filing figures for September and the third quarter, as well as ranking the top petitioners and patent owners for the first nine months of 2016. More PGRs than CBMs were filed for the first time ever in September
Wed, 05 October 2016
Software patents have been reanimated by the Federal Circuit in its McRO v Bandai decision. Natalie Rahhal analyses the most substantive guidance given on Section 101 by the appeals court
Tue, 04 October 2016
The denial of the Redskins’ Supreme Court petition, proposed USPTO fee increases, the winners of the Patents for Humanity programme, the Marrakesh Treaty entering into force and an increase in the motion to transfer grant rate in the Eastern District of Texas were in the recent intellectual property news
Tue, 04 October 2016
Read an overview and watch a replay of the “University Patent Licensing and Enforcement” webcast
Mon, 03 October 2016
An Eastern District of Texas jury has ordered Apple to pay damages for infringing VirnetX patents, with another trial also set to begin soon
Mon, 03 October 2016
In a controversial concurring opinion in a Federal Circuit decision finding claims of three Intellectual Ventures patents invalid, Judge Haldane Mayer argues: “It is well past time to return software to its historical dwelling place in the domain of copyright.”
Thu, 29 September 2016
Read an overview and watch a replay of the “Trade secrets: Strategies for understanding and litigating a DTSA cause of action” webcast
Thu, 29 September 2016
The Supreme Court will rule on disparaging trade marks, after granting cert in Lee v Tam
Thu, 29 September 2016
Oracle’s denial of a retrial in its copyright fight with Google, disagreement over proposed FCC rules on set-top boxes, a US Department of Commerce report, FDA approval of Amgen’s Humira biosimilar, the top inter partes review petitioners ever and Scotch whisky’s registration as a trade mark in Taiwan were in the recent intellectual property news
Wed, 28 September 2016
Managing IP’s regular review of the latest appointments includes 16 Dimock Stratton lawyers joining DLA Piper in Canada and hires from Brooks Kushman, Chadbourne & Parke, White & Case, Fish & Richardson, Baker Botts, Kirkland & Ellis and K&L Gates
Wed, 28 September 2016
Trade mark investigations instituted by the International Trade Commission have picked up this year. Orrick’s Diana Szego Fassbender discusses when the ITC make sense for trade mark owners
Wed, 28 September 2016
The Federal Circuit has outlined a two-part framework for deciding whether it can review an institution decision, in its Husky Injection Molding Sys v Athena Automation decision
Thu, 22 September 2016
The DOJ’s order on BMI’s consent decree being rejected, the IP cases up for consideration in the new Supreme Court term, Judge Newman’s dissents, GIPC criticism of a United Nations High-Level Panel on Access to Medicines report and Delhi’s High Court saying copyright is “not a divine right” were in the recent intellectual property news
Wed, 21 September 2016
The European Patent Office expects to register about 90,000 patents this year, its President Benoît Battistelli said in a keynote address at the AIPPI World Congress
Wed, 21 September 2016
The issues of expert evidence and what role it plays in IP cases was debated by a panel of judges at the AIPPI World Congress
Wed, 21 September 2016
The room for a discussion on the implications of Brexit at the AIPPI World Congress was packed
Wed, 21 September 2016
Fundamental copyright proposals made by the European Commission will face “a barrage of criticism” and “reform will take some time”. Those were some of the predictions made about the Digital Single Market at the AIPPI World Congress
Wed, 21 September 2016
New AIPPI President Hao Ma talks about his plans for the next two years
Wed, 21 September 2016
Ferrero Group’s Daniele Lingua says his firm prefers three dimensional trade marks to trade dress
Wed, 21 September 2016
WIPO’s Director General Francis identified a number of challenges for the IP system in a speech at the AIPPI World Congress
Tue, 20 September 2016
Managing IP has been reporting from the AIPPI World Congress in Milan. Download our AIPPI Congress News daily newsletters to read all the news
Tue, 20 September 2016
The great changes at EUIPO will continue with further reforms coming into force next year, including the abolition of the “graphical representation” requirement for EUTMs. Luis Berenguer, Head of the Communication Service of EUIPO, discusses the changes in an interview
Tue, 20 September 2016
In two patent cases in the Eastern District of Texas last week, an Acacia subsidiary was awarded $22m and Conversant Intellectual Property Management was awarded $2m
Fri, 16 September 2016
Biotechnology/pharmaceutical companies were slow to use the Patent Trial and Appeal Board. This is now changing, though this patent type has lower institution and invalidation rates
Fri, 16 September 2016
A bar association solely dedicated to the Patent Trial and Appeal Board has been formed by more than 45 law firms
Fri, 16 September 2016
To mark the Patent Trial and Appeal Board’s birthday, Managing IP has identified 10 of the biggest issues related to post-grant proceedings and interviewed the Board’s chief judge to take stock of the first four years of proceedings and identify what challenges will affect its future
Wed, 14 September 2016
The Patent Trial and Appeal Board invalidating patents owned by VirnetX and Teva, the number of Section 101 decisions increasing during the summer, data on software patent litigation and prosecution, and the growing competition for blockchain technology patents were in the recent intellectual property headlines
Wed, 14 September 2016
The Federal Circuit has affirmed the jury’s finding of wilful infringement but vacated and remanded the district court’s award of treble damages, in its Stryker v Zimmer decision
Wed, 14 September 2016
Michelle Lee has testified before a House of Representatives committee amid accusations of USPTO examiners claiming unsupported hours. Managing IP spoke to POPA and patent practitioners to put the problem into perspective
Wed, 14 September 2016
The Federal Circuit has provided guidance on Section 101 while finding software patents valid for only the fourth time since Alice v CLS
Fri, 09 September 2016
Patent lawsuit filing in US district courts in August was down on July and June, but above the monthly average for the year. First-time filer Autumn Cloud had the most cases in August while Shipping & Transit moved past the 100-case mark for the year
Fri, 09 September 2016
A big story last year was the emergence of hedge funds and other entities using the Patent Trial and Appeal Board. While Kyle Bass is seeing his IPRs through to final decision, other entities are acting as reverse patent trolls, a phenomenon that is predicted to gather pace
Fri, 09 September 2016
The Federal Circuit this year has provided some guidance on how district courts should treat estoppel from Patent Trial and Appeal Board trials. This has made defendants less terrified about estoppel but many questions remain. Practitioners are also concerned about how confidential material is treated in district courts and the Board
Wed, 07 September 2016
The number of Patent Trial and Appeal Board petitions filed in August was slightly above 2016 average. The month also saw notable Federal Circuit decisions on common sense, motions to amend and claim construction
Tue, 06 September 2016
A report suggesting USPTO examiner time and attendance fraud, the end of a Lindsay Lohan likeness lawsuit, Erich Spangenberg criticism of EFF urging universities not to license to patent trolls, Mexico’s opposition system going live, Argentina intending to join the PCT, and a trade mark dispute involving Louis Vuitton were in the intellectual property headlines
Fri, 02 September 2016
A jury award to Imperium IP of $6.9 million has been trebled to $20.9 million by an Eastern District of Texas judge
Thu, 01 September 2016
The Federal Circuit will soon consider en banc the Patent Trial and Appeal Board’s amendment practice. But, asks Michael Loney, is the 5% success rate of motions to amend unfair on patent owners?
Wed, 31 August 2016
Rule changes at the Patent Trial and Appeal Board became effective in May. But practitioners tell Michael Loney they are struggling to see their impact. Some also call for the Board to go over its 12-month deadline for final written decisions in extraordinary circumstances
Wed, 31 August 2016
The Federal Circuit has remanded the Veritas v Veeam Software case back to the Patent Trial and Appeal Board, finding its reason for denying a motion to amend “unreasonable”
Wed, 31 August 2016
The news of Kenyon & Kenyon’s closure came the same week that Managing IP published a look back at the IP boutiques set up in the 1960s, some of whom continue to thrive today
Tue, 30 August 2016
The filing of briefs in the Blurred Lines appeal, the PTAB invalidating Teva patents, the revival of a dispute over Pirate Joe’s, the win rate in the Eastern District of Texas, the invalidation of Intellectual Ventures patents, Cox appealing a $25m copyright verdict and Erich Spangenberg hitting back at the EFF were in the intellectual property headlines
Mon, 29 August 2016
Managing IP’s regular review of the latest appointments, including Andrews Kurth taking on Kenyon & Kenyon's lawyers and hires at Hunton & Williams, Kilpatrick Townsend & Stockton, Merchant & Gould, Gibson Dunn & Crutcher and Baker Botts
Thu, 25 August 2016
Data provided by LegalMetric reveals that stay motion success rate has stayed constant nationwide but some big shifts have occurred at district level. Michael Loney analyses the strategy for seeking a stay as well as two recent interesting ITC decisions involving PTAB proceedings
Thu, 25 August 2016
The Patent Trial and Appeal Board has narrowed its definition of what constitutes a covered business method, causing a fall in filing, but the treatment varies by panel. The Federal Circuit may provide more clarity in its upcoming Unwired Planet v Google opinion, practitioners tell Michael Loney
Wed, 24 August 2016
In a first for its 100-day pilot programme, the ITC has invalidated a patent involved in a $100m iPod-related settlement a decade ago. In a separate ruling, the Commission has ruled that Fitbit did not misappropriate Jawbone’s trade secrets
Tue, 23 August 2016
In a call with reporters, the Patent Trial and Appeal Board chief judge said the number of judges now is enough, praised the impact of submitting expert declarations with preliminary responses, and said the Board was open to going beyond the 12-month statutory deadline for issuing final written decisions
Tue, 23 August 2016
Oracle asking for Google’s copyright win to be thrown out, the USPTO being sued for declaring federal holidays, details of lawyers’ fees in the Happy Birthday case, Microsoft and Lenovo agreeing a patent cross-licensing deal, Rovi renewing a licence with Dish, and the FTC’s crackdown on social media influencers were in the intellectual property headlines
Thu, 18 August 2016
Post-grant review petition filing this year is already higher than the whole of 2015, with biopharma companies leading the way. Michael Loney analyses PGRs’ appeal and what strategies filers should consider
Thu, 18 August 2016
Patent Trial and Appeal Board filing so far this year is down on 2015. Michael Loney speaks to PTAB practitioners to ask what is driving this and whether the downward trend will continue
Wed, 17 August 2016
Federal Circuit and district court rulings since the Supreme Court’s Halo decision have made it clear a jury finding alone is enough for a judgment of willfulness. But an enhanced damages determination should ultimately be made by the judge weighing factors yet to be clarified. Natalie Rahhal analyses post-Halo trends
Tue, 16 August 2016
Patent litigation icon Ray Niro passing away, Marathon acquiring 307 Siemens patents, Ed Sheeran being sued again, a Ghostface Killah copyright case being revived, Honda and General Motors joining the LOT Network, and a $90m judgment in an Alexander Wang counterfeit and cybersquatting case were among recent stories in the intellectual property headlines
Tue, 16 August 2016
The Federal Circuit has agreed to rehear en banc two issues relating to Patent Trial and Appeal Board amendment practices in the In re Aqua Products case
Tue, 16 August 2016
The Federal Circuit has issued a rare reversal of the Patent Trial and Appeal Board, ruling the use of common sense was misapplied in Arendi v Apple
Tue, 16 August 2016
Abbvie suing Amgen over its efforts to launch a Humira biosimilar is the first instance of parties not agreeing on which patents to be litigated under the BPCIA. The case poses the question of whether the patent dance strikes the right balance between parties
Wed, 10 August 2016
Ahead of a showdown over design patents at the Supreme Court in October, Samsung has received more support from US technology companies whereas Apple has received the backing of non-tech companies, high-profile designers and intellectual property associations
Wed, 10 August 2016
The Federal Circuit directs district court to decide whether "an enhancement of the damages award is warranted" in Halo v Pulse
Tue, 09 August 2016
Blackberry’s push into patent litigation, a case involving a Dirty Dancing trade mark, settlements between OpenTV/Apple and Dell/Network-1, and a DOJ investigation into performing rights organisations were among recent stories in the intellectual property headlines
Fri, 05 August 2016
The Olympic Games bring a host of IP issues, including ambush marketing, Rule 40 and the tough stance the IOC and national committees take to protect their trade marks such as clamping down on hashtags on social media
Thu, 04 August 2016
Sterne Kessler has become the first law firm to handle more than 500 AIA proceedings, with a particularly strong showing representing defendants. Fish & Richardson is the top law firm for challengers at the PTAB, breaking the 300 petition mark
Thu, 04 August 2016
Data: 407 cases were filed in US district courts in July, with two new plaintiffs leading the way and entities such as Shipping and Transit, Uniloc, Sportbrain and Guyzar adding to their 2016 totals
Wed, 03 August 2016
The authors of a new white paper believe that almost 75% of pharmaceutical patent settlements at the Patent Trial and Appeal Board meet the criterion for inferring a strong likelihood of reverse payment settlement. The paper also suggests a rule to deter attempts to exploit the Board as a holdup device as well as discussing reverse patent trolls
Wed, 03 August 2016
PTAB Monthly Data and Analysis: July was the second-busiest month of 2016 for petition filing, but covered business method petitions fell to the lowest level since February 2013. Recent decisions from the Board include cancelling claims on a patent that had been used to sue more than 250 defendants
Wed, 03 August 2016
The UK Intellectual Property Office has confirmed the legal status of three EU-related IP rights in effect in the UK and the government’s next steps for these rights ahead of Brexit. It remains unknown if the UK will ratify the UPC Agreement
Wed, 03 August 2016
The PTAB has ruled that Boxbee’s storage container tracking patent is invalid under Alice, in its third final written decision of a post-grant review petition
Tue, 02 August 2016
A suit accusing Getty of charging a photographer for her own photo, a war of words between law professors over venue reform, the companies with the most patent practitioners, the copyright issues at play when Donald Trump plays songs by bands that do not like him, and Stephen Colbert being told he does not own the IP for “Stephen Colbert” were in the intellectual property headlines in the past week
Tue, 02 August 2016
The content delivery network companies have settled their decade-long dispute over a patent that was the focus of a Supreme Court ruling. A district court jury confirmed Limelight infringed the patent this June, with Akamai awarded $51 million damages
Mon, 01 August 2016
Apple has had a good few days for patent news: the $626m in damages it was ordered to pay VirnetX has been vacated by an Eastern District of Texas judge, and the Federal Circuit has affirmed two district court rulings of non-infringement in cases involving Wi-LAN and GPNE
Fri, 29 July 2016
The Eastern District of Texas has suffered a disproportionate drop in patent cases so far this year, although it remains by far the busiest district. This has led Judge Gilstrap to discontinue the use of letter briefing for 101 motions, as well as the "in person" meet and confer requirement for discovery motions
Fri, 29 July 2016
Data and Analysis: Managing IP ranks the top plaintiffs, defendants and law firms in US district court litigation in the first half of 2016, using the Docket Navigator database. One finding is that the proportion of cases filed in the Eastern District of Texas is down, with a drop in NPE suits. But some new plaintiffs emerged during the second quarter
Thu, 28 July 2016
Inter partes review petitions have been filed challenging patents owned by Shipping and Transit, Sportbrain Holdings and Uniloc, which have sued more than 200 companies combined in 2016
Thu, 28 July 2016
The Intellectual Property Network and The National Union of Students Insight team have recently concluded a study on understanding of IP policy in higher education institutions among students and staff
Wed, 27 July 2016
Managing IP’s regular review of the latest appointments, including Cooley hiring a team of Morrison & Foerster lawyers in California, James Pooley joining Orrick, a new Librarian of Congress, and hires by Milbank Tweed Hadley & McCloy, K&L Gates, Barnes & Thornburg and Paul Hastings
Wed, 27 July 2016
The Federal Circuit concludes that the Patent Trial and Appeal Board erred in shifting the burden of proof on obviousness in this IPR from the petitioner to the patent owner, in In re Magnum Tools International
Tue, 26 July 2016
The future of Yahoo’s patent portfolio after its Verizon deal, an appeal of the Stairway to Heaven copyright case, the law firms with the most patent practitioners, an ITC ruling invalidating Fitbit patents, an interview with the Patent Trial and Appeal Board’s chief judge, a call for Canada to have a national IP strategy, and a “highly unusual” Eastern District of Texas case were in the intellectual property headlines in the past week
Thu, 21 July 2016
The USPTO tells examiners the Federal Circuit’s CellzDirect ruling “highlighted several important points” but says its subject matter eligibility guidance and training examples are already consistent with it
Thu, 21 July 2016
Canada is continuing to amend its intellectual property acts to allow it to join international treaties, plain packaging legislation is being considered, and the Quebec government has proposed legislation to require businesses to use both French and English versions of their outside signage
Thu, 21 July 2016
A dismissal of a suit against Pfizer indicating consumers cannot be compensated for expenditures on invalidated patents, the NAFTA arbitration hearing of Eli Lilly’s complaint against the government, IP agents getting confidentiality privilege, the Federal Court awarding Janssen nearly C$20 million, and Brexit putting the brakes on CETA were among recent Canadian patent stories
Wed, 20 July 2016
The Federal Circuit has provided some guidance on the issue of 180 days’ notice of launch in a recent biosimilars ruling, in Amgen v Apotex, but practitioners say there will be a lot more litigation before the patent dance is fully clarified
Wed, 20 July 2016
The Government Accountability Office has released two reports: one suggesting the USPTO should define quality, reassess incentives and improve clarity; the other suggesting the USPTO should strengthen search capabilities and better monitor examiners' work
Tue, 19 July 2016
Nokia and Samsung’s cross licence, a letter from 45 professors calling for venue reform, Adidas suing Skechers, a report criticising Yahoo’s patent portfolio, the Guangzhou IP Court issuing a preliminary injunction and Nintendo’s patent filing were in the intellectual property headlines in the past week
Fri, 15 July 2016
In a unanimous en banc decision in The Medicines Company v Hospira, the Federal Circuit addressed and clarified the “on sale” bar, a source of much anxiety for pharmaceutical companies
Thu, 14 July 2016
Nakeena Taylor, an IP lawyer and compliance expert from music streaming service Pandora, speaks to Managing IP about licensing and challenges facing creative content owners in music technology
Thu, 14 July 2016
The Patent Trial and Appeal Board filing statistics reveal a drop for the second consecutive six-month period. According to Unified Patents, NPEs are the targets in 41% of petitions so far this year
Thu, 14 July 2016
The Patent Trial and Appeal Board has granted a rare motion to amend, in a covered business method review that focused on the construction of the term “meta-rights”
Wed, 13 July 2016
Managing IP analyses the busiest companies and law firms at the Patent Trial and Appeal Board in the first six months of this year, using Docket Navigator. Filing was down in the first half as a whole but the second quarter showed signs of recovery
Wed, 13 July 2016
The Patent Trial and Appeal Board has awarded attorneys fees for the first time, ruling that Applications in Internet Time violated a protective order in its handling of RPX’s confidential information
Tue, 12 July 2016
The Marrakesh Treaty, which will improve access to published works for the visually impaired, comes into force on September 30. Natalie Rahhal speaks to people who were involved in the copyright treaty’s negotiation to find out what that means in practice and what impact it will have
Tue, 12 July 2016
Apple will pay Network-1 Technologies $25 million to settle subsidiary Mirror World Technologies’ patent litigation in the Eastern District of Texas
Tue, 12 July 2016
Craft brewery trade mark disputes, the sale of Thomson Reuters’ IP business, a request for fees in the Stairway to Heaven copyright case, Kim Dotcom’s plans to relaunch Megaupload, Nike’s opposition to a WWE application, and the PTAB’s new processing system going live were in the intellectual property headlines in the past week
Wed, 06 July 2016
The Federal Circuit has ruled that the claims of a patent for liver cell treatment were not directed to a patent-ineligible concept, in a decision that provides guidance on how life science innovations can satisfy the Mayo test
Wed, 06 July 2016
PTAB Data and Analysis: Managing IP reveals Patent Trial and Appeal Board filing data for June and analyses recent decisions from the Supreme Court, Federal Circuit and PTAB, including the Board interpreting Enfish in mixed rulings. The USPTO has also announced it is replacing the Patent Review Processing System for PTAB trials
Wed, 06 July 2016
A drop in US patent lawsuit filing, a Google motion to sanction Oracle’s counsel, Brexit trade mark applications, the suspension of the lawyer that took on Led Zeppelin in a copyright case, an EU General Court rejection of an application to register MACCOFFEE, and IPO’s list of the top organisations granted patents were in the IP headlines in the past week
Fri, 01 July 2016
The Northern District of California appears to be the first federal court to enter a written decision under the Defend Trade Secrets Act. At least 15 cases have been filed under the DTSA since it was enacted
Thu, 30 June 2016
The Federal Circuit has found a software patent valid for the third time since Alice, ruling in Bascom v AT&T that “an inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces”
Thu, 30 June 2016
The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled will come into force on September 30
Wed, 29 June 2016
The Beijing IP Office has ruled that the iPhone 6 and 6 Plus infringe the design patent of a Chinese-made smartphone, in a case that one IP lawyer believes could provide inspiration to patent trolls
Tue, 28 June 2016
Hillary Clinton supporting patent reform, Jack Ma clarifying comments on counterfeits that attracted criticism, Qualcomm suing a company in China, Happy Birthday to You officially entering the public domain, the Federal Circuit ruling on continuation applications, and the ITC disappointing Converse were in the intellectual property headlines in the past week
Tue, 28 June 2016
The International Trade Commission issued a limited exclusion order and cease and desist order for Arista infringing three patents in an investigation brought by Cisco Systems relating to ethernet switch products
Tue, 28 June 2016
The Central District of California’s June 23 verdict in Skidmore v Zeppelin will ease fears raised after last year’s Blurred Lines case that juries are more likely to find infringement in copyright cases involving songs
Mon, 27 June 2016
The Supreme Court will hear Life Techs v Promega but denied cert in the controversial Sequenom v Ariosa case, which patent watchers had hoped would ease their Section 101 pain
Mon, 27 June 2016
Social media such as Skype, Facebook and internet message boards can be used to serve court papers in Singapore, the High Court ruled in Storey, David Ian Andrew v Planet Arkadia
Thu, 16 June 2016
The Federal Circuit’s ruling in SAS Institute v ComplementSoft that the Patent Trial and Appeal Board was wrong to use a new claim construction without giving parties a chance to respond will have a big impact on trial and appeal practice, believe practitioners
Tue, 14 June 2016
The Patent Trial and Appeal Board has invalidated two livestock valuation patents in the first PGR final written decisions. Only one of the 28 PGR petitions filed so far has been denied institution, with two settled and 11 waiting an institution verdict
Mon, 13 June 2016
The Supreme Court’s Halo v Pulse opinion, a copyright case involving Ed Sheeran, Axl Rose’s DMCA notices to get the “Fat Axl” meme removed from the internet, the jury’s Oracle v Google verdict being upheld by a judge, a Google case being transferred from the Eastern District of Texas, and an M&M trade mark ruling in Sweden were in the intellectual property headlines in the past week
Mon, 13 June 2016
The Patent Trial and Appeal Board’s institution decisions on all 35 of the inter partes review petitions filed by Kyle Bass and Erich Spangenberg are now in
Thu, 09 June 2016
Northern District of California judge rules Merck forfeited its right to assert patents against Gilead because of "unclean hands" and "numerous unconscionable acts", voiding the second-largest US patent damages award of 2016 so far
Thu, 09 June 2016
Mexico’s opposition system will be operational by August 30, following an executive order being published in the federal government gazette
Wed, 08 June 2016
Our next Managing IP webinar is taking place on Tuesday June 14 and is titled “PTAB Trials by the Numbers”. Partners from Fitzpatrick Cella Harper & Scinto will provide a statistical analysis of inter partes review and covered business method trials at the Patent Trial and Appeal Board
Wed, 08 June 2016
Dámaso Pardo leaves PAGBAM IP after 26 years to become president of INPI
Wed, 08 June 2016
Managing IP’s regular review of the latest moves and appointments in the Americas, including the appointment of a new PTAB chief judge and hires at Cozen O’Connor, Robins Kaplan, Sheppard Mullin, Perkins Coie, Honigman, DLA Piper, Hogan Lovells, Calderon & De La Sierra, and Latham & Watkins
Wed, 08 June 2016
Managing IP rounds up interesting quotes, statistics, slides and tidbits from speakers at the PTAB Forum 2016 in New York, which included panels on Patent Trial and Appeal Board rule changes, Federal Circuit appeals, district court strategies, pharma challenges and more
Tue, 07 June 2016
The USPTO’s efforts to explain why motions to amend are rarely successful at the Patent Trial and Appeal Board, including in a report revealing amendment statistics and at our recent PTAB Forum 2016, do not appear enough to persuade critics of the proceedings
Tue, 07 June 2016
A Ninth Circuit ruling that a 0.23 second sample in Madonna’s Vogue did not infringe copyright creates a split with the Sixth Circuit’s Bridgeport ruling that could be sent to the Supreme Court
Mon, 06 June 2016
A copyright ruling on pre-1972 recordings, Canada’s consultation on plain packaging, a sale of 1,500 Microsoft patents, a proposal to increase TTAB fees, data on Rule 36 affirmances by the Federal Circuit, a former PAE lawyer’s experiences of the “dark side, and an interview with Erich Spangenberg were in the intellectual property headlines in the past week
Fri, 03 June 2016
PTAB Monthly Data: Ford filed the most PTAB petitions in May, with Versata the most-targeted patent owner. Four PGR petitions were filed, a sign that this type of petition is gaining traction
Fri, 03 June 2016
Managing IP speaks to James Pooley, an advocate, and professor Eric Goldman, a critic, of the Defend Trade Secrets Act signed by President Obama last month. An increase in trade secret litigation is predicted, with at least three cases already filed under the new law
Fri, 03 June 2016
A Lex Machina report on trade mark litigation reveals the entities receiving the most damages, the most common plaintiffs and defendants, and the busiest districts
Wed, 01 June 2016
Oracle v Google, the first trade secret case filed under the new federal law, Star Trek and Kraftwerk copyright cases, the stakes involved in US university patent disputes, TTAB cases involving Coke Zero and Churrascos, EFF taking on an NPE, and patent cases involving Finjan, Apple, Samsung, Huawei, Dow and Nova were in the recent intellectual property news
Fri, 27 May 2016
More than 10,000 trade mark practitioners – a record – were in Orlando for the INTA Annual Meeting this week. Managing IP was there, reporting from the sessions and publishing interviews with in-house counsel, IP office officials and INTA executive team members
Wed, 25 May 2016
Two years ago, China introduced major amendments to the Trademark Law. Lily Changxin Lei and Wen Zhong of Liu Shen & Associates analyze the impact they have had
Wed, 25 May 2016
Michael Loney previews today’s INTA sessions on US case law and scandalous marks
Wed, 25 May 2016
Trademark practitioners in the U.S. are thinking more strategically about the Trademark Trial and Appeal Board (TTAB) since the Supreme Court’s B&B Hardware v. Hargis Industries ruling in March last year. A session on Monday looked at the ruling’s impact in the U.S. and Europe
Wed, 25 May 2016
The Digital Agenda, the use of trademarks online, effective digital enforcement, the implications of a mobile economy and copyright protection will be just some of the topics addressed at INTA’s Digital World Conference in Brussels on December 1 and 2 this year
Wed, 25 May 2016
Your products are sold in emerging markets in ASEAN and Africa regions but you are dealing with a major counterfeiting issue. Considering that each country is unique in terms of legal system and culture, how should you tackle this problem?
Wed, 25 May 2016
Panelists shared tricks for defeating trademark hijackers in various jurisdictions yesterday in the session “Almost Famous: Proving Fame in First to File Jurisdictions”
Tue, 24 May 2016
Companies are increasingly looking beyond word trademarks to distinguish their goods and services in the marketplace. Sound, shape and color are some of the nontraditional signs that are now accepted as trademarks in many jurisdictions. Does this stifle lawful competition and communication in the marketplace?
Tue, 24 May 2016
The opportunities and dangers of brands interacting on social media were discussed in yesterday’s session “Beyond Native Advertising: The Line Between Social Media Posts and Advertising”
Tue, 24 May 2016
How should the Madrid System develop? That was the question posed by David Muls, Senior Director of WIPO’s Madrid Registry, Brands and Designs Sector, at Sunday’s Madrid System Users Meeting
Tue, 24 May 2016
Mexico’s Congress approved an amendment to the country’s industrial property law at the end of April to establish a trademark oppositions system. Attorneys from Basham Ringe y Correa explain how it will work
Tue, 24 May 2016
Rights owners have two options available when using Customs enforcement in China. Michael Fu, Tracy Shen and Kevin Yang of Chang Tsi & Partners explain the pros and cons of each
Tue, 24 May 2016
INTA's representative office in Brussels has been dominated by the debate over EU reforms, which must now be implemented, but it is also focusing on issues including plain packaging, submitting amicus briefs and the EU Digital Single Market
Tue, 24 May 2016
Tricia Thompkins, intellectual property and licensing counsel at Perry Ellis International in Miami, Florida, talks to Michael Loney about the challenges of protecting the fashion company’s marks, such as the Original Penguin line of clothing
Mon, 23 May 2016
Bullying is a “very buzzy term” in trademarks at the moment, revealed Bryce Coughlin of Fox Entertainment Group in the U.S. during yesterday’s session Taking it Too Far: When Pretexts and Bullying Create Ethical Dilemmas.
Mon, 23 May 2016
INTA President Ronald van Tuijl says one of his priorities is the Presidential Task Force on the role of in-house IP professionals—something he takes a particular interest in as his entire career so far has been spent in-house
Mon, 23 May 2016
Technology can be a great tool for trademark lawyers—but you have to work smartly to get the full benefit of it. That was the message from Saturday’s session on “Running the Technologically Advanced Trademark Law Firm Practice"
Mon, 23 May 2016
Internet issues are a key policy focus for INTA and Lori Schulman has a very busy agenda
Mon, 23 May 2016
Are you intimidated by ICANN? Do you need domain names demystified? Today’s INTA Internet/E-Commerce Industry Breakout has a diverse range of speakers who should be able to address many of the questions you have.
Mon, 23 May 2016
Natalie Rahhal finds out what will be covered in some of this week’s INTA sessions devoted to IP issues in Latin America
Mon, 23 May 2016
Alongside protection of trademarks, communications, and member satisfaction, international expansion is a core objective of INTA’s 2014-2017 Strategic Plan
Mon, 23 May 2016
Trademark squatters and bad faith filings are systemic issues in China, so brand owners need a fully stocked warchest for a successful IP strategy. Anna Mae Koo and Ann Xu of Vivien Chan & Co discuss some critical weapons that will help brand owners in the fight
Mon, 23 May 2016
Speaking at the JPO Users’ Meeting, Kazuhiro Kimura gave an update on application figures and how the Office is improving its service
Sun, 22 May 2016
Gerard Rogers, Chief Administrative Trademark Judge at the Trademark Trial and Appeal Board, gave an update on the Board’s proposed rule changes yesterday during the USPTO Users’ Meeting.
Sun, 22 May 2016
Alan Veronick, global intellectual property counsel at Zumba Fitness in Hallandale, Florida, tells Michael Loney about the unique trademark challenges in stopping unlicensed instructors infringing the brand.
Sun, 22 May 2016
Samiko Sun and Gloria Q Wu of Kangxin Partners discuss well-known trademark protection in China, and explain how to obtain these powerful rights
Sun, 22 May 2016
INTA Asia-Pacific Chief Representative Seth Hays discusses the association's new branch office, which opened in Singapore in March
Sun, 22 May 2016
James Nurton spoke to INTA CEO Etienne Sanz de Acedo about continued globalization, engaging new constituencies and working towards INTA’s next Strategic Plan
Sun, 22 May 2016
James Nurton previews some of this week’s sessions on trademark issues in Asia and Africa, and introduces related INTA events
Sun, 22 May 2016
Katherine Tabor, assistant general counsel at Office Depot in Boca Raton, Florida, discusses with Michael Loney why trademarks and privacy are increasingly overlapping and points to the biggest challenges in her role
Sat, 21 May 2016
Trademark squatters and bad faith filings are systemic issues in China, so brand owners need a fully stocked warchest for a successful IP strategy. Anna Mae Koo and Ann Xu of Vivien Chan & Co discuss some critical weapons that will help brand owners in the fight
Sat, 21 May 2016
Maysa Razavi, INTA’s anticounterfeiting manager. says counterfeiting is a growing problem. INTA has been involved in numerous events recently to debate and raise awareness of the issue
Sat, 21 May 2016
Josephine Rima Santiago, the new Director General of IPOPHL, spoke with Stephy Tang about enforcement and her attempts to reduce backlogs
Sat, 21 May 2016
Rebecca Roby, senior director of business affairs at Orlando-headquartered Hard Rock International, tells Michael Loney about combating counterfeit restaurants, domain name considerations and what changes to the trademark system she’d like to see.
Sat, 21 May 2016
Huang Hui and Paul Ranjard of Wan Hui Da discuss the implications of the recent PRETUL decision of the Supreme People’s Court in China
Fri, 20 May 2016
Companies including Google, Facebook, IBM, Microsoft, Adobe, SAP, Ford, Honda, Hyundai, Kia Motors, Verizon, Cisco and Arris have launched the Industry Patent Program, which will be administrated by AST
Thu, 19 May 2016
The Department of Justice has filed petitions at the Patent Trial and Appeal Board for the second time, targeting the patents involved in a suit brought by Discovery Patents and 3rd Eye Surveillance that seeks $1 billion in compensation from the US government
Thu, 19 May 2016
A total of eight Patent Trial and Appeal Board decisions have now been designated precedential. At the PTAB Forum 2016, acting PTAB chief judge Nathan Kelley provided detail on the process of approving precedential decisions
Wed, 18 May 2016
PwC’s US Patent Litigation Study reveals a number of interesting trends, including that damages awards for non-practicing entities are almost three times greater than practicing entities over the past five years
Tue, 17 May 2016
Belmora has petitioned the Fourth Circuit to reconsider its decision that Bayer did not need to use the Flanax mark in the US to sue under the Lanham Act. Belmora says the court “appeared to be motivated by a sense of ethical outrage”
Tue, 17 May 2016
The Federal Circuit has found software patents valid under Alice for only the second time, in Enfish v Microsoft. The decision gives valuable ammunition for opposing a Section 101 challenge to software patent claims and may also mean the recent USPTO patent eligibility guidance needs to be updated
Tue, 17 May 2016
Days before its Spring Conference, the International AntiCounterfeiting Coalition has suspended Alibaba’s membership following high-profile brands leaving the coalition. The IACC’s board also noted “certain aspects of the disclosed conflict” of its CEO were not communicated
Tue, 17 May 2016
Marathon Patent Group has named Erich Spangenberg as director of acquisitions, licensing and strategy. He will spend most of his time in Europe and Asia working with large corporate patent owners on monetisation opportunities
Tue, 17 May 2016
An Adidas and Under Armour settlement, criticism of the Patent Trial and Appeal Board’s stance on amendments, a Facebook trademark win in China, a study revealing the “moral panic” of using the term “patent troll”, .blog selling for $19m, and IP limericks were in the intellectual property headlines in the past week
Wed, 11 May 2016
The USPTO has announced a new chief judge of the Patent Trial and Appeal Board, after 10 months of Nathan Kelley serving as acting chief judge
Tue, 10 May 2016
A new USPTO study reveals the Patent Trial and Appeal Board (PTAB) has granted 5% of the motions to amend that it has had a chance to review and is on track to have about 50 motions filed this year, consistent with the level filed in 2013 and 2015
Mon, 09 May 2016
A patent settlement between Nvidia and Samsung, a retrial in the Oracle v Google copyright case, an iPhone trade mark ruling in China, an analysis of the Eastern District of Texas, and a dispute over the World Series mark were in the intellectual property headlines in the past week
Thu, 05 May 2016
The USPTO has added life science examples, a memorandum to the patent examining corps, an index of eligibility examples, and an appendix of court decisions to its guidance on patent subject matter eligibility
Thu, 05 May 2016
A study of Patent Trial and Appeal Board decisions from Fitzpatrick suggests that outcomes are more balanced for patent owners than thought and that proceedings are more comparable to the European Patent Office’s opposition procedure
Wed, 04 May 2016
Managing IP reveals the biggest petitioners and most-targeted entities in April and year-to-date at the Patent Trial and Appeal Board. HP and Apple had a busy month, while Finjan and Nike were on the receiving end of the most petitions
Wed, 04 May 2016
Trade mark opposition proceedings will soon be available in Mexico after the lower chamber of Congress approved an amendment to the country’s industrial property law
Tue, 03 May 2016
While granting Tire Hanger’s motion to amend, the Patent Trial and Appeal Board approved “grouping prior art references together according to their particular teachings” and “discussing only a representative few in its motion to amend”. This may provide guidance to other patent owners seeking to amend claims
Tue, 03 May 2016
The Federal Circuit has denied TC Heartland’s petition for a writ of mandamus that called for a change in the patent venue rules. The court said the “arguments raised regarding venue have been firmly resolved by VE Holding”
Mon, 02 May 2016
PTAB observers have been analysing the comments of Supreme Court justices during the Cuozzo v Lee arguments for signs of how they will rule. Chief Justice Roberts was the biggest proponent of bringing the Board’s claim construction standard in line with district courts but other justices appeared a lot more resistant to scrapping BRI
Mon, 02 May 2016
The Supreme Court will consider useful articles in copyright cases and laches in patent cases after granting cert in Star Athletica v Varsity Brands and SCA Hygiene Products v First Quality Baby Products
Mon, 02 May 2016
The USTR releasing its annual “Special 301” report, Pro-Football filing a petition for Supreme Court cert in the Washington Redskins case, a brief defending the constructed language of Klingon from copyright claims, the ITC terminating two Jawbone patents under section 101, and the House Judiciary Committee chairman discussing potential copyright reforms were in the intellectual property headlines in the past week
Fri, 29 April 2016
Lex Machina’s Hatch-Waxman/ANDA Report reveals a spike in case filing, as well as the biggest participants and law firms in ANDA patent litigation
Wed, 27 April 2016
The Defend Trade Secrets Act, which will create a federal civil remedy for stealing trade secrets, will now go to President Obama for signing into law after being passed in the House of Representatives 410-2
Wed, 27 April 2016
The Supreme Court heard oral arguments in Susap Kirtsaeng v John Wiley, with justices appearing sceptical that prevailing defendants should be awarded fees in close cases
Tue, 26 April 2016
The Supreme Court has heard oral arguments in Cuozzo Speed Technologies v Lee, the first Supreme Court case to consider an appeal of a PTAB decision
Mon, 25 April 2016
The USPTO filing a petition in the In re Tam case, the Supreme Court denying multiple IP appeals including Authors Guild v Google, Prince’s copyright legacy, Adidas suing Ecco for trade mark infringement, and IBM’s Manny Schecter’s thoughts on the future of Alice were in the intellectual property headlines in the past week
Wed, 20 April 2016
Marathon subsidiary Dynamic Advances will dismiss patent litigation with Apple related to the Siri personal assistant. Marathon may have to enter arbitration with co-plaintiff Rensselaer Polytechnic Institute, however, which it believes “unreasonably withheld its consent to the reasonable royalty rate”
Wed, 20 April 2016
In a busy few days for trade secrets news, the House Judiciary Committee has approved a Senate-passed trade secrets bills with no changes and Indian company Tata has been hit with a $940m damages verdict in Wisconsin
Wed, 20 April 2016
In our regular round-up, we summarise recently-announced partner moves in the Americas, including hires by Norton Rose Fulbright, Sheppard Mullin Richter & Hampton, Mayer Brown, Reed Smith and Honigman Miller Schwartz and Cohn
Tue, 19 April 2016
Managing IP crunches the data to reveal the busiest petitioners, patent owners, law firms, and attorneys at the Patent Trial and Appeal Board in the first three months of 2016. The quarter included some interesting petitions such as the first IPR challenging an Apple patent
Tue, 19 April 2016
The number of petitions filed at the Patent Trial and Appeal Board in March was down on the previous month. So far this USPTO fiscal year, the percentage of challenges to mechanical/business method and bio/pharma patents has increased
Mon, 18 April 2016
The worth of Yahoo’s patent portfolio, a Second Circuit referral of the Flo & Eddie case, David Kappos’s call for abolishment of Section 101, Alibaba’s membership of the IACC, the copyright implications of Facebook’s new Live feature, and a pick up in US patent grant figures were in the intellectual property headlines in the past week
Tue, 12 April 2016
The Federal Circuit vacating an $85m award, Optis buying Unwired Planet for up to $40m, Burberry dropping its trade mark case against JC Penney, an analysis of patent complaint rulings after the elimination of Form 18, and the latest in the “Stairway to Heaven” copyright case were in the intellectual property headlines in the past week
Tue, 12 April 2016
The USPTO has suggested 29 pages-worth of changes to Trademark Trial and Appeal Board practice, including to electronic filing, service and electronic communication, streamlining discovery and pre-trial procedures, and making trials more efficient. A proposal to allow testimony by affidavit has been criticised
Mon, 11 April 2016
Watch a replay of our webinar “Magic IP Strategy Answers for IP Counsel”, sponsored by Anaqua and featuring IP strategist Barry Brager
Fri, 08 April 2016
US patent case filing in district courts dropped in the first quarter, down 39% on the fourth quarter and 34% on the first quarter last year, according to Unified Patents. An analysis of Eastern District of Texas filing reveals a disproportionately large drop in the district
Wed, 06 April 2016
Managing IP held our US Patent Forum in Washington DC last month. Here are some of the most interesting facts, quotes and views from the sessions
Wed, 06 April 2016
The Defend Trade Secrets Act has been passed 87-0 in the US Senate. It would allow federal actions in response to the misappropriation of trade secrets, but it is not clear how big an impact it would have after some of the more controversial provisions were scaled back by a Senate committee and with the House of Representatives yet to vote on the bill
Tue, 05 April 2016
The final rule changes to Patent Trial and Appeal Board proceedings will likely help to reduce the rate of institution of trials, especially allowing patent owners to include relevant testimonial evidence in preliminary responses. There was one surprise, however, with the USPTO dropping a proposed pilot programme
Mon, 04 April 2016
The Federal Circuit denying an en banc rehearing of ClearCorrect, songwriters calling for reform of the Digital Millennium Copyright Act, GSK saying it will not seek patents in the least developed countries, Pele suing Samsung for allegedly using his likeness, and the EFF securing attorneys fees for a client were in the intellectual property headlines in the past week
Mon, 04 April 2016
A bill targeting patent trolls at the ITC has been introduced in Congress against a backdrop of fewer investigations in the past four years. But speakers at a recent Managing IP forum said ITC filing could pick up again
Wed, 30 March 2016
A writ of mandamus to force the USPTO to register “The Slants” as a trade mark has been denied by the Federal Circuit. This comes after the USPTO this month issued guidance putting trade mark applications with Section 2(a) issues on hold pending potential Supreme Court review
Tue, 29 March 2016
Jury awards figure that is 10% of the $2 billion Merck was seeking for Gilead infringing hepatitis C treatment patents
Tue, 29 March 2016
Despite winning a Supreme Court ruling in 2014, POM Wonderful’s $77m lawsuit against Coca-Cola has run out of juice. A California jury ruled a Minute Maid pomegranate drink was not falsely advertised
Mon, 28 March 2016
Sequenom’s petition for cert to the Supreme Court, the US Department of Justice’s brief in Cuozzo v Lee, Israel’s accession to the Marrakesh Treaty, a dispute over a Fawlty Towers “shameless rip-off”, a stay of the latest Apple v Samsung trial, and Sir Paul McCartney's efforts to reclaim publishing rights to Beatles songs were in the intellectual property headlines in the past week
Wed, 23 March 2016
The Federal Circuit ruling in Acorda v Mylan and AstraZeneca v Mylan gives branded pharmaceutical companies more flexibility in their choice of where to file suit against generics
Tue, 22 March 2016
In our regular round-up, we summarise recently-announced partner and other moves in the Americas, including hires by BakerHostetler, Morrison & Foerster, Proskauer, Choate Hall & Stewart, Venable, and Morgan Lewis
Tue, 22 March 2016
The US Supreme Court will rule on damages in design patent cases in Samsung v Apple. The debate is now set to rage at the high court over whether law developed in the 19th Century to protect items such as rugs and spoons is still suitable in the smartphone era
Tue, 22 March 2016
The Ninth Circuit amending its Dancing Baby copyright opinion, an RPX shareholder demanding a change in management, Uniloc offering to buy Acacia, Adidas being granted an injunction against Skechers, the US again being named the top filer of international patent applications, and a dispute over the trade marks relating to Yosemite National Park were in the intellectual property headlines in the past week
Mon, 21 March 2016
Days after a Federal Circuit judge commented that changing patent case venue rules feels like “something a legislature should do”, the Venue Equity and Non-Uniformity Elimination Act has been introduced in the US Senate “to ensure that venue in patents cases is fair and proper”
Fri, 18 March 2016
The winners of Managing IP’s North America Awards 2016 were revealed on March 17 at a dinner at the Four Seasons in Washington DC, recognising the best intellectual property law firms, individuals and cases of the past year
Thu, 17 March 2016
Drinks maker amends its complaint in the District of Columbia seeking a reversal of the USPTO’s registration of the Havana Club mark to the Cuban government
Mon, 07 March 2016
The Patent Trial and Appeal Board is taking a harder line on institution, while PTAB watchers eagerly await a face-off at the Supreme Court over claim construction and the Federal Circuit increasingly pulls the Board up on procedural issues
Mon, 29 February 2016
Figures from Docket Navigator reveal that Apple remained by far the biggest filer of PTAB petitions in 2015 while Innovative Display Technologies was the top patent owner
Mon, 29 February 2016
The IP headlines last week included Judge Lucy Koh being nominated for the Ninth Circuit, a House of Representatives hearing on WIPO, Dominion Harbor buying WiLAN patents, Marathon and Uniloc calling off their merger, the Copyright Royalty Board agreeing to a rehearing for SoundExchange, Booking.com not being allowed to register its name as a trade mark, and Disney asking employees to pitch in to help in its copyright fight
Fri, 26 February 2016
The Federal Circuit reverses the Northern District of California denial of Samsung’s motions for judgment as a matter of law of non-infringement, finding the slide to unlock and autocorrect patents obvious
Fri, 26 February 2016
A new report from Docket Navigator reviewing 2015 patent litigation concludes that – while the number of cases filed in US district courts increased – the number of infringement accusations and the complexity of individual cases is decreasing. It also revealed the entities that filed the most cases, the top defendants and the busiest law firms
Thu, 25 February 2016
More covered business method petitions are now being denied institution by the Patent Trial and Appeal Board than granted, with the Board seemingly narrowing what qualifies as a CBM patent
Wed, 24 February 2016
The Supreme Court has heard oral arguments in the related cases Halo Electronics v Pulse Electronics and Stryker v Zimmer, which included debate over whether the test for enhanced damages should be changed, the court being asked to consider trolls versus pirates, and Justice Breyer raising concerns over software patents
Wed, 24 February 2016
The Federal Circuit provided guidance on motions to amend in inter partes review proceedings in its recent Nike v Adidas decision. PTAB observers are hopeful it is a sign the court will be harder on the Board’s resistance to substitute claims
Tue, 23 February 2016
The intellectual property headlines in the past week included Fox News settling a fair use case, the Ninth Circuit ruling on a right of publicity issue, the IP legacy of Justice Scalia, Lenovo and Qualcomm agreeing a China patent licensing deal, and Polsinelli reportedly taking a substantial number of Novak Druce lawyers
Thu, 18 February 2016
In our regular round-up, we summarise recently-announced partner and national IP office moves in the Americas, including hires by Blank Rome, Reed Smith, Steptoe & Johnson, Haynes & Boone, Barnes & Thornburg, Orrick, Quinn Emanuel, Perkins Coie and Hogan Lovells
Wed, 17 February 2016
Court-ordered mediation ends in $750m agreement to settle the seven-year-long patent infringement lawsuit between Marvell Technology Group and Carnegie Mellon University
Fri, 12 February 2016
Details of Warner/Chappell’s Happy Birthday settlement, a Burberry trade mark suit, banks’ increased patent applications, a Fox and Dish Network settlement, two treaties being sent to the US Senate for ratification, and writers supporting Authors Guild’s appeal to the Supreme Court were in the IP news this week
Thu, 11 February 2016
Half of the 38 economies benchmarked in the US Chamber of Commerce’s annual IP index have strengthened their intellectual property systems in the US’s view
Mon, 08 February 2016
Managing IP is rounding up important intellectual property decisions coming out of Canadian courts last year. Trade mark cases included a rare interlocutory injunction in a trade mark case and a ruling on the use of a competitor’s mark in meta tags
Sat, 06 February 2016
A video game maker being sued for infringing copyright in basketball players’ tattoos, Bacardi asking why it was stripped of the rights to the Havana Club name, IKEA losing the rights to its name in Indonesia, Peru joining the Marrakesh Treaty, a “wild overreaction” to Nokia’s IP news, Judge Lucy Koh reportedly being in line for a Ninth Circuit nomination, and NewEgg being denied fees by the Federal Circuit were in the IP news in the past week
Fri, 05 February 2016
Managing IP is rounding up important intellectual property decisions coming out of Canadian courts last year. In two patent cases, the Court of Appeal suggested a new legal test for determining the relevance of a non-infringing alternative and ruled that a generic cannot make a claim for innovator profits under the doctrine of unfair enrichment
Thu, 04 February 2016
A jury in the Eastern District of Texas has awarded VirnetX $626m after finding Apple had infringed four patents. The PTAB instituted inter partes reviews on the patents last October, however, the results of which could affect the district court case
Thu, 04 February 2016
Managing IP is rounding up important intellectual property decisions coming out of Canadian courts last year. In copyright, this included the Supreme Court affirming the principle of technological neutrality in copyright law and a Court of Appeal ruling on meta tags
Wed, 03 February 2016
The US Senate Committee on the Judiciary has passed the Defend Trade Secrets Act 2016, which included amendments that were suggested in hearings in December
Wed, 03 February 2016
PTAB Data and Analysis: the IPR count ticked past the 4,000 mark in January, which also saw the first challenge to an Apple patent, the USPTO deeming two decisions precedential, a case showing the dangers of a motion to amend, and an ironic Federal Circuit ruling on an IPR appeal
Tue, 02 February 2016
Shortlists for this year’s Managing IP North America awards have been announced. The outstanding firms and individuals in US and Canadian intellectual property will be announced during a dinner at the Four Seasons Hotel in Washington DC on March 17
Fri, 29 January 2016
The DOJ saying the Slants ruling was so broad it goes beyond covering only disparaging marks, The New York Times being criticised for filing a copyright case, the reason Cuozzo may not be successful at the Supreme Court, the Federal Circuit vacating a Patent Trial and Appeal Board decision, and a Microsoft and Olio agreement over wearable patents were in the intellectual property headlines in the past week
Thu, 28 January 2016
The US Department of Commerce has issued a report recommending amendments to copyright law that it believes would provide more guidance and greater flexibility to courts in awarding statutory damages
Wed, 27 January 2016
There have been about 11 Section 101 decision per month in US federal courts and the overall success rate has been 72.1% since the Supreme Court’s Alice v CLS Bank decision, according to an analysis by Fenwick & West’s Robert Sachs
Wed, 27 January 2016
Medical device maker Greatbatch has been awarded $37.5 million by a jury in the District of Delaware for AVX infringing its pacemaker and defibrillator patents, in the largest jury award so far this year in a US patent case
Fri, 22 January 2016
The TTAB’s 2015 precedential opinions, the Federal Circuit taking on a case challenging the Eastern District of Texas’s patent case dominance, Apple's grant
of an injunction, the Supreme Court being asked to hear a Batmobile copyright case, and a trade mark fight involving Marilyn Monroe were in the IP headlines this week
Fri, 22 January 2016
A Patent Trial and Appeal Board report from Lex Machina analyses the most common trial resolutions and the busiest administrative patent judges
Thu, 21 January 2016
Ronald van Tuijl has identified the issues he will focus on during his term as the 2016 president of the International Trademark Association
Thu, 21 January 2016
The Supreme Court in Cuozzo could scrap the PTAB’s use of the broadest reasonable interpretation in IPRs. But its ruling on the less-publicised question of whether institution decisions are unreviewable could have a bigger effect. In the meantime, petitioners and patent owners will have to adjust their PTAB strategies to guard against uncertainty
Sat, 16 January 2016
IP disputes involving the Star Wars franchise, the correct way to analyse patent litigation, the USPTO being sued for allegedly violating a trade mark filer’s Constitutional rights, IP licensing companies’ tough year, Spotify facing another class action, and David Bowie’s copyright legacy were in the IP headlines this week
Fri, 15 January 2016
The Supreme Court will decide what standard the Patent Trial and Appeal Board should use in IPRs after granting cert in Cuozzo v Lee. It will also rule on the appropriate standard for awarding attorneys’ fees in copyright cases in Kirtsaeng v John Wiley & Sons
Thu, 14 January 2016
The Federal Circuit has ruled that the same PTAB panel that institutes an inter partes review can also issue the final written decision, in Ethicon Endo-Surgery v Covidien. Judge Newman dissented, noting the statute requires institution to be made by the USPTO director and the final decision by the Board
Thu, 14 January 2016
In our regular round-up, we summarise recently-announced partner and national IP office moves in the Americas, including hires by the USPTO, Pryor Cashman, AIPLA, Orrick, Mayer Brown, Perkins Coie and Baker McKenzie, as well as two law firm mergers
Wed, 13 January 2016
IBM remained the top US patent recipient in 2015, but it was the first year since 2007 in which overall patent activity fell, according to analysis released by IFI Claims Patent Services. IFI also identified an increasing trend of companies choosing to spread their portfolios across multiple entities
Mon, 11 January 2016
A drop in US trade mark litigation in 2015, a Federal Circuit hearing of an Apple and Samsung dispute, a judge ruling a monkey does not own copyright in a selfie, artist Richard Prince being sued, the copyright of Anne Frank’s diary, and the latest patent news from the hoverboard market were in the IP headlines this week
Thu, 07 January 2016
Judge John Love of the Eastern District of Texas has recommended granting a Section 101 motion against plaintiff Rothschild Location Technologies, which filed 33 patent cases in the district in 2015
Wed, 06 January 2016
With 2015 now behind us, it is a time for both looking back at the year just gone and forward to what that will mean for 2016. Some such as Erich Spangenberg are forecasting a stronger patent market
Wed, 06 January 2016
US patent case filing in district courts was the second-highest ever in 2015, with one study suggesting that non-practicing entities increased their percentage of cases filed to 69% from 61% in 2014
Wed, 23 December 2015
The Federal Circuit has ruled that the disparagement provision in section 2(a) of the Lanham Act is unconstitutional, and reversed and vacated the Trademark Trial and Appeal Board’s holding that “The Slants” is an unregistrable mark. The en banc court was split, however, with a total of five opinions submitted
Tue, 22 December 2015
Hedge fund manager Kyle Bass has not gotten any holiday cheer from the Patent Trial and Appeal Board, with two of his petitions challenging pharmaceutical patents denied this month. The Board has now ruled on 16 of his inter partes review petitions
Tue, 22 December 2015
Non-practicing entity eDekka has been ordered to pay attorney fees by Judge Rodney Gilstrap of the Eastern District of Texas after it “repeatedly offered insupportable arguments on behalf of an obviously weak patent”
Fri, 18 December 2015
A patent dispute between Gillette and Dollar Shave Club, Jawbone using an unusual tactic against Fitbit, a copyright case brought by the heirs of Abbott and Costello being thrown out, the latest in the Happy Birthday saga and the prevalence of older patents being used in litigation were in the IP headlines in the past week
Thu, 17 December 2015
The royalty rate US internet radio companies must pay has increased for ad-supported streaming but decreased for subscription streaming, in a Copyright Royalty Board ruling that is being viewed as more a win for companies such as Pandora than for the music industry
Thu, 17 December 2015
The Patent Trial and Appeal Board has reversed in part its Microsoft v Proxyconn decision on remand from the Federal Circuit
Wed, 16 December 2015
Patent litigation has been slow so far in December after a rush to file at the end of November. This means 2015’s will fall short of the record 2013 year. Filers this month have also had to take the new pleading rules into account in their complaints
Mon, 14 December 2015
Managing IP held a European Patent Forum in New York last week. Michael Loney reports on the discussions about the Unitary Patent, UPC and other issues
Wed, 09 December 2015
Hope Shimabuku has been appointed as the first director of the USPTO’s Texas regional office
Tue, 01 December 2015
US patent litigation hit a record 836 cases filed in November, with plaintiffs appearing to be attempting to avoid new pleading standards that became effective on December 1. CryptoPeak Solutions filed the most cases
Wed, 25 November 2015
This month has seen two important Federal Circuit decisions disagreeing with the Patent Trial and Appeal Board’s findings. Its Belden v Berk-Tek opinion included a number of lessons for practitioners
Wed, 25 November 2015
The USPTO and Brazil’s National Institute for Industrial Property will establish a patent prosecution highway pilot programme with the aim of reducing patent workloads and improving quality
Tue, 24 November 2015
A US district court in Maryland has become the first court to apply the Supreme Court’s B&B Hardware ruling to an issue other than likelihood of confusion, in Ashe v PNC Financial Services
Mon, 23 November 2015
A patent lawsuit win for Apple over ContentGuard, Samsung’s denial of a Federal Circuit en banc rehearing, Google offering legal support for YouTube users accused of copyright infringement, the acquisition of Lex Machina, and Skechers claiming a trade mark victory over Converse at the ITC were in the IP headlines in the past week
Fri, 20 November 2015
We recently published a supplement looking at some of the biggest issues facing IP practitioners in Canada
Thu, 19 November 2015
In our regular round-up, we summarise recently announced partner and national IP office moves in the Americas, including a new role for the former PTAB chief judge and hires from BakerHostetler, Shearman & Sterling, Baker Botts, Potomac Law Group, Covington, Jones Day and more
Mon, 16 November 2015
The PTAB has denied institution of a Coalition for Affordable Drugs inter partes review petition challenging a Celgene patent. This leaves Kyle Bass with a 50% institution success rate in the 14 petitions the Board has decided thus far
Sun, 15 November 2015
Two Taylor Swift disputes ending, an IP Watchdog interview with patent sceptic Mark Cuban, a further twist in the Happy Birthday copyright saga, the Eastern District of Texas’s Judge Gilstrap issuing a standing order on pre-Markman 101 motions, and a trade mark lawsuit filed by In-N-Out burger were in the IP headlines in the past week
Thu, 12 November 2015
Data – The number of PTAB petitions in October was the lowest since January. However, the USPTO also proposed raising the filing fees during the month
Thu, 12 November 2015
A bill has been introduced in the Mexican Senate that, if passed, would implement a process for opposing trade mark applications
Thu, 12 November 2015
Managing IP analyses the busiest companies, law firms and attoneys at the Patent Trial and Appeal Board in the third quarter and so far this year, using the Docket Navigator database
Wed, 11 November 2015
USPTO changes to the practice for correction of foreign priority claims are now in effect, which make the process the same as for domestic claims but will cost applicants more money than previously
Wed, 11 November 2015
In what is believed to be a first, a court has found the claims of patents issued after the US Supreme Court’s Alice v CLS Bank ruling invalid for being directed to an abstract idea
Tue, 10 November 2015
The permanent location for the Texas Regional USPTO regional office is now officially open
Tue, 10 November 2015
In a rare substantive opinion on a PTAB appeal, the Federal Circuit upheld the rejection of four claims but reversed the upholding of two further claims of a Belden patent
Mon, 09 November 2015
The Washington Redskins’ brief in its trade mark appeal, patent lawsuits against GoPro, DraftKings and FanDuel, a spike in litigation predicted for November, the latest stats on district courts interpreting Alice, and more news on monkey selfie were in the IP headlines in the past week
Tue, 03 November 2015
The deadline for comments on the USPTO’s July update to its patent eligibility guidance has passed, with 29 submissions. This included the American Intellectual Property Law Association making seven broad recommendations
Tue, 03 November 2015
View a replay of our “Effective obviousness arguments in district courts and PTAB” webinar, which took place on November 4 and featured McAndrews Held & Malloy president Robert Surrette and Stryker intellectual property counsel Mary Elizabeth Mauro
Fri, 30 October 2015
An amicus brief aimed at reducing the Eastern District of Texas’s dominance, Canadian concerns over the Trans-Pacific Partnership, limited exceptions to the DMCA being announced, SAP and Google reaching a patent agreement, and George Orwell’s estate making an ironic demand were in the IP headlines in the past week
Thu, 29 October 2015
Managing IP was reporting from the American Intellectual Property Law Association’s Annual Meeting in Washington DC last week. Here are some of the topics, tidbits and takeaways from the meeting
Thu, 29 October 2015
The Patent Trial and Appeal Board has instituted four of the Coalition for Affordable Drugs’ IPR petitions challenging Celgene patents, bringing the total number its petitions instituted to seven and greatly shifting the success rate of what one law firm calls the “PTAB Crashers”
Wed, 28 October 2015
The implementation of the amendments to Canada’s Trademark Act is now not expected before 2018, with IP practitioners suggesting some strategic issues trade mark owners should consider now
Wed, 28 October 2015
There is a good chance of a “Judge Judy”-like small copyright claims tribunal being established in the United States, according to one speaker at the AIPLA Annual Meeting
Tue, 27 October 2015
The 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
Mon, 26 October 2015
A New York Times op-ed discussing “efficient infringing” of patents, Jay Z winning the “Big Pimpin’” case, Pandora agreeing a $90m settlement with a coalition of record companies, the PTAB instituting another Kyle Bass IPR, and a copyright case involving cheerleading uniforms were in the IP headlines this week
Wed, 21 October 2015
PTAB filing fell to the third-lowest figure of the year in September. The institution rate continues to fall, with RPX noting it will be interesting to watch if this affects the popularity of the IPR process
Tue, 20 October 2015
The US Supreme Court has granted cert in two cases asking the court to address whether the Federal Circuit's test for enhanced patent damages is too rigid
Mon, 19 October 2015
Worldwide harmonisation, prior art and plain packaging are among the biggest issues on AIPPI’s radar at the moment, says Felipe Claro, this year’s President of the association
Mon, 19 October 2015
Free riding of trade marks was up for discussion at this year’s AIPPI Congress in Working Question 245 “Taking unfair advantage of trademarks: parasitism and free riding”. Michael Loney reports
Mon, 19 October 2015
A jury ordering Apple to pay $243m damages to WARF, the Best Global Brands report’s release, the opening of the USPTO’s Silicon Valley office, the role of fair use in the new Steve Jobs biopic, and the Republic of Korea ratifying the Marrakesh Treaty were in the IP headlines the past week
Wed, 14 October 2015
Patent litigation in the US district courts fell in the third quarter, an analysis by Lex Machina has revealed. PTAB filing and copyright litigation also fell, while trade mark litigation was up slightly
Mon, 12 October 2015
The Trans-Pacific Partnership agreement being announced then leaked, Cuozzo taking its inter partes review appeal to the Supreme Court, a ruling that copyright does not cover yoga, a good week for hedge funds at the PTAB, and the ITC dealing Nvidia a blow in its fight with Samsung were in the IP headlines this week
Fri, 02 October 2015
Apple and Samsung being referred to mediation, Erich Spangenberg making a draft IPR available to challenge a Depomed patent, Alibaba’s patent portfolio growth, Jay-Z and Kanye West winning a case in New York, and the monkey selfie's implications for the scope of copyright law were in the IP headlines this week
Sun, 27 September 2015
The return of monkey selfie, the Ninth Circuit ruling the Batmobile is covered by copyright, Mark Cuban looking to assert patent rights in the hoverboard market, and Lindt defeating Haribo in a German trade mark case were in the IP headlines this week
Mon, 21 September 2015
Kim Dotcom attending an extradition hearing in New Zealand, Rick Ross failing in a trade mark suit over the phrase "everyday I'm shufflin", Segway suing the makers of Hovertrax, and Adidas claiming Skechers has infringed its trade mark were in the IP headlines in the past week
Fri, 11 September 2015
Fitbit countersuing Jawbone, the US Copyright Office’s registration system going down for a week, BMI registering record revenues, TiVo filings its first patent litigation since 2012, and Toyota’s patent application for a potential flying car were in the IP headlines this week
Thu, 10 September 2015
If Kyle Bass has been put off by the PTAB denying three of his IPR petitions, he's not showing it. He has filed a further nine petitions since the Coalition for Affordable Drugs' first setback and has labelled the PTAB a kangaroo court
Fri, 21 August 2015
Sequenom petitioning the Federal Circuit for a rehearing of the Ariosa decision, the Eastern District of Texas taking 44% of US patent cases so far this year, Ashley Madison sending out copyright takedown notices to combat its leak, the latest in the Redskins trade mark case, and a trial being set in Led Zeppelin’s copyright dispute were in the IP headlines this week
Fri, 14 August 2015
A Federal Circuit denial of Samsung’s request for a rehearing, the IP implications of Google’s Alphabet, a setback for Pom Wonderful in its trade mark fight with Pur Beverages, the UK’s Police Intellectual Property Crime Unit anti-piracy progress, and an Uber trade secrets case were in the IP headlines in the past week
Fri, 07 August 2015
Google giving some details of its patent purchase programme, The Economist calling for patents to be fixed, Airbus applying for a patent on a “ultra-fast” plane, Fox being sued for using a Goodfellas actor’s likeness, and trade mark applications on Cecil the Lion were in the IP headlines in the past week
Sun, 02 August 2015
A study on the USPTO teleworking programme, a "smoking gun” in the Happy Birthday copyright case, the TTAB criticising an attorney for being pedantic, Michael Jordan losing a trade mark case in China, and the Federal Circuit weighing in on the ParkerVision/Qualcomm case were in the IP headlines in the past week
Fri, 31 July 2015
The Defend Trade Secrets Act has been introduced in the Senate on the same day that a discussion draft of patent box legislation was introduced in the House of Representatives
Fri, 31 July 2015
Drew Hirshfeld, the USPTO’s deputy commissioner for patent examination policy, has been appointed the new commissioner for patents, effective immediately
Wed, 29 July 2015
Celgene has filed its motion for sanctions against the Coalition for Affordable Drugs with the PTAB. It makes for interesting reading, including alleging that Erich Spangenberg “first threatened Celgene with IPRs in January 2014”
Tue, 28 July 2015
Twitter has been attracting attention for taking down tweets that plagiarise jokes. But how much copyright protection do short jokes have?
Fri, 24 July 2015
Google giving away patents to start-ups, David Kappos arguing customer stay legislation is wrongheaded, tech companies supporting Samsung against Apple, Oracle and Google suggesting a trial in spring 2016, and a TTAB Batman decision were in the IP headlines in the past week
Fri, 17 July 2015
The Innovation Act being put on hold, a reduction of the Blurred Lines award, the USPTO updating on its Enhance Patent Quality initiative, Newegg receiving good news, US trade mark applications increasing, public patent licensing companies having a strong quarter, and Goebbels’ estate being awarded royalties were in the IP headlines in the past week
Wed, 15 July 2015
The latest US patent case filing figures from Lex Machina show a sharp increase in May and June, making filing in the second quarter of this year the highest ever observed
Mon, 13 July 2015
The Turtles' challenge of a SiriusXM settlement, Facebook’s video platform, the cancellation of a Zorro trade mark, Fox getting into the beer business, a scary airplane seating patent application, and the US Copyright Office’s report on orphan works were in the IP headlines in the past week
Wed, 08 July 2015
The Intellectual Property Owners Association has revealed the top organisations and universities receiving US patents in 2014
Fri, 03 July 2015
IP practitioners squaring off in a Battle of the Bands, the US Supreme Court denying three IP petitions, The Irish Times taking a stand against Taylor Swift, the latest data on Section 101 motions, and Eli Lilly being fined in Brazil for “sham” patent litigation were in the IP headlines in the past week
Mon, 22 June 2015
A year on the from the Alice decision, many IP practitioners feel that Section 101 is in a state of ruin. Speakers at the BIO International Convention put forward proposals for Congress to overhaul the much-maligned section
Thu, 18 June 2015
Figures discussed at the BIO International Convention reveal that bio/pharma IPRs at the Patent Trial and Appeal Board have a lower institution rate and lower claim-cancellation rate than for all IPRs
Sun, 14 June 2015
Jawbone suing fellow fitness tracking company Fitbit, Ray Niro’s views on the effect of Octane Fitness, the positive effect Kyle Bass has had for the pharma industry, questions over how PTAB numbers are perceived and a Federal Circuit decision on the iWatch mark were in the IP headlines in the past week
Wed, 10 June 2015
With the BIO International Convention taking place next week, Michael Loney analyses the biggest topics that will be discussed among IP practitioners at the event
Wed, 10 June 2015
Kyle Bass has filed another IPR petition targeting a pharma company, taking aim again at the Vimovo pain reliever, while IPO has passed a resolution opposing the use of post-grant proceedings to manipulate the market
Wed, 10 June 2015
After previously being included on the fringes of discussion around US patent reform, Patent Trial and Appeal Board proceedings are now one of legislators' main focuses. The rejigged PATENT Act has been branded “a PTAB reform bill” by one observer
Fri, 05 June 2015
The long-running Ultramercial patent case may have some life left in it yet, with the filing this week of a Supreme Court petition
Fri, 05 June 2015
The sunrise period for .sucks being extended, the latest patent litigation statistics, a trade mark case featuring Vice versus Virtue, the TTAB cancelling a colour mark, and Blackberry settling with Typo were in the IP headlines in the past week
Fri, 29 May 2015
Ford making its electrified vehicle patents available, the Obama administration siding with Oracle in its copyright case with Google, US patent grants falling in 2015, the latest in the Stairway to Heaven case, and the Supreme Court using the term “patent troll” for the first time were in the IP headlines in the past week
Thu, 28 May 2015
The USPTO has codified changes to PTAB proceedings, but parties on different sides of the patent reform debate are calling for much-bigger adjustments
Fri, 22 May 2015
A dispute between DC Comics and Rihanna over the name Robyn, Lycos putting its patent portfolio up for sale, Rockstar objecting to a BBC film about it, a copyright case over the song Happy Birthday to You, and Alibaba being sued by the owner of Gucci were in the IP headlines in the past week
Thu, 21 May 2015
The Coalition for Affordable Drugs has filed an inter partes review petition challenging a patent for Pozen’s Vimovo drug, which Horizon Pharma holds the rights to in the US
Wed, 20 May 2015
The Ninth Circuit this week reversed the controversial ruling in the Garcia v Google case, an outcome hailed by most as a return to sanity. But Judge Kozinski stood by his initial judgment, saying in a dissent that the majority “makes a total mess of copyright law, right here in the Hollywood Circuit”
Sun, 17 May 2015
The Obama administration agonising over which side to back in Google v Oracle; a dispute over a Twitter hashtag; Uber being granted a design patent; Amazon’s application for a drone delivery patent; and the success rate for motions stays were in the IP headlines in the past week
Fri, 08 May 2015
Are you up to speed with the requirements and standards at the Patent Trial and Appeal Board? View a replay of our webinar exploring how to avoid mistakes as a petitioner or patent owner during the Second Phase, from institution to the final written decision
Wed, 06 May 2015
American football players and comic book villains featured in a discussion yesterday about the balance that should be struck between First Amendment protections and an individual’s right of publicity.
Wed, 06 May 2015
It is the million-dollar question: how can you manage your trademark portfolio on a budget while ensuring your brand is protected? Registrants yesterday received tips for doing more with less.
Tue, 05 May 2015
California-based Twitter faces unique trademark challenges in its role as an online social network. Stephen Coates explains his role as the company’s first trademark counsel.
Tue, 05 May 2015
The introduction of the PATENT Act in the Senate received praise, but pro-patent groups expressed concerns about some of its provisions and disappointment that it includes no changes to IPR proceedings. Michael Loney canvasses opinion ahead of a hearing on Thursday
Tue, 05 May 2015
Registrants were treated to a highly-entertaining mock trial yesterday, featuring a feud over surf board designs, an unreliable witness and even an interruption for take-out food.
Tue, 05 May 2015
Fox must strike a delicate balance between protecting its IP and not prompting backlashes from fans. Jeremy Kaufman explains the entertainment giant’s trademark strategy.
Mon, 04 May 2015
Representatives from IP offices across Latin America yesterday discussed how they are engaging users with increased internationalization and more streamlined procedures.
Mon, 04 May 2015
“My name is Brian and I am a public speaker,” confessed Brian W. Brokate of Gibney Anthony & Flaherty in the U.S. So began a series of testimonials from the eight speakers on a panel on public speaking yesterday about their presentation mishaps.
Mon, 04 May 2015
Roll Law Group advises Roll Global, which owns many well-known food products. Danielle Criona, Senior Counsel – Intellectual Property, explains some of the trademark issues she faces.
Mon, 04 May 2015
Annual Meeting Project Team Co-Chairs Joshua Burke of General Mills and Mario Soerensen Garcia of Soerensen Garcia Advogados Associados kicked off Sunday’s Opening Ceremony with the news that the number of registrants as of noon yesterday had reached a record 9,855.
Sun, 03 May 2015
Registrants will be brought up to speed on the latest developments in Latin America with a regional update this afternoon, as Michael Loney reports.
Sun, 03 May 2015
IP attachés from the U.S. and the U.K. explained yesterday how they help brand owners deal with intellectual property issues abroad.
Sun, 03 May 2015
Ahead of this year’s Annual Meeting, Michael Loney met J. Scott Evans in New York to discuss brands, bylaws and the Internet.
Sun, 03 May 2015
San Diego-based semiconductor company Qualcomm receives a lot of attention for its patent activities, but it also has about 3,000 trademark registrations and applications. Senior Legal Counsel Jill Abasto explains its trademark strategy.
Sun, 03 May 2015
The U.S. Patent and Trademark Office is looking to increase the accuracy of its registry by ensuring that actual use by brand owners line up with registrations, and Canada may have the answer. Peter Leung reports.
Sat, 02 May 2015
It’s been a busy year for U.S. trademark litigation. Michael Loney previews Wednesday’s Annual Review of federal case law and TTAB developments.
Sat, 02 May 2015
The USTR issuing its Special 301 report, Grooveshark shutting down operations, the MPAA demanding torrent sites end copyright infringement, Louis Vuitton losing its bid to save its checkerboard trademark, and Eclipse IP’s patent applications were in the IP headlines this week
Thu, 30 April 2015
Michael Bednarek has joined the Washington DC office of Locke Lord as partner in the intellectual property department
Wed, 29 April 2015
The announcement of the Patent Purchase Promotion will have raised a few eyebrows and begs the question: Is Google trying to become the world’s biggest patent troll?
Fri, 24 April 2015
The Federal Circuit saying squashing words together in briefs is not a way to keep below word limits, Canada intending to increase the term of copyright, Katy Perry’s attempts to register trade marks, John Oliver’s take on patent trolls, and Twitter’s trade mark applications were in the IP headlines this week
Fri, 17 April 2015
Patent reform being held back by a fight over human trafficking, a report saying the USPTO cannot distinguish between good and bad examiners, Adidas suing Marc Jacobs for trade mark infringement, criticism of the .sucks gTLD, and the Federal Circuit ordering an en banc rehearing of Lexmark v Impression were in the IP headlines this week
Tue, 14 April 2015
Managing IP assesses the damages awards in the United States in 2014 and so far this year, and asks IP litigators what trends and lessons can be gleaned
Tue, 14 April 2015
Are you up to speed with the requirements and standards at the Patent Trial and Appeal Board? Our next webinar will explore how to avoid mistakes as a petitioner or patent owner in proceedings
Fri, 10 April 2015
The question of whether hedge funds are able to challenge patents through IPRs, a trade mark potentially delaying Apple Watch’s launch in Switzerland, Juno and Novartis agreeing a $12.3m settlement, Google joining the LTE Patent Pool, and the USPTO issuing Patent No. 9,000,000 were in the IP headlines this week
Wed, 08 April 2015
Patent holders, investors and others will meet in New York on May 14 to discuss best practices to make the most of their IP assets
Fri, 03 April 2015
The latest statistics on patents invalidated under 101, Robin Williams restricting use of his image before his death, patentees’ recent success at the PTAB, the Big Pimpin’ case latest, and a “copyright troll” being ordered to pay fees were in the IP headlines this week
Sat, 28 March 2015
Panasonic opening up its internet of things patents, Taylor Swift buying two domain names, Motorola being found to infringe an Intellectual Ventures patent, and the Federal Circuit having little sympathy with AT&T missing a deadline to appeal a $40 million loss were in the IP headlines this week
Wed, 25 March 2015
Managing IP held the US Patent Forum in Silicon Valley this week. Here are some points of interest from the event, including discussion of the ITC tightening the scope of its jurisdiction and a defence of the right for anyone to file an IPR (even a hedge fund)
Fri, 13 March 2015
Marvin Gaye’s family winning the Blurred Lines copyright case, UK MPs approving plain packaging legislation, Hewlett-Packard having four of its patents invalidated, the co-founder of Kraftwerk suing a power charging company, and Disney’s trade mark fight over its Lotso character were in the IP headlines this week
Fri, 06 March 2015
The latest from Apple and Samsung at the Federal Circuit, Hall & Oates suing a cereal company for trade mark infringement, the USPTO’s Silicon Valley office costing three times more than expected, Under Armour suing Ass Armor, and the effect of fee shifting under the Innovation Act were in the IP headlines this week
Thu, 05 March 2015
The introduction of the STRONG Act suggests getting any patent reform passed in the US this year will be very tricky. The bill also proposes radical and worrying reforms of the PTAB
Fri, 27 February 2015
An intriguing Amazon patent application related to 3-D printing, a Bob Marley lawsuit, two NFL trade mark stories, the reply of a Foley & Lardner attorney ordered to show why he shouldn’t be sanctioned by the Supreme Court, and the latest in the Blurred Lines copyright trial were in the IP headlines this week
Thu, 26 February 2015
The Electronic Frontier Foundation (EFF) has released a white paper it says is the culmination of two-and-a-half years’ worth of research that outlines a plan to fix a broken patent system
Tue, 24 February 2015
A few words about our Americas editor Michael Loney
Tue, 24 February 2015
Managing IP’s US Patent Forum is taking place in Washington DC on March 18 and Silicon Valley on March 24, and will discuss litigation, licensing, patent prosecution, IP commercialisation and important global developments
Fri, 20 February 2015
Oscars intellectual property litigation through the years, Elon Musk clarifying Tesla’s free patent policy, BlackBerry suing Typo again, Myriad settling its last BRCA matter, and Tumblr clamping down on copyright infringement were in the IP headlines this week
Fri, 13 February 2015
IBM suing Priceline for patent infringement, Red Bull objecting to Old Ox’s trade mark application, Life360 accusing Advanced Ground Information Systems of being a troll, Fox being denied summary judgment on fair use grounds, and the debate over Left Shark were in the IP headlines this week
Wed, 11 February 2015
With filings at the Patent Trial and Appeal Board suggesting another strong year, Managing IP has analysed the leading players at the PTAB and also included a PTAB category in our IP Stars rankings for the first time
Fri, 06 February 2015
A proposed overhaul of music licensing, the intellectual property angle to Katy Perry’s Super Bowl show, the percentage of motions granting patent invalidity, in-house counsel’s troll fears, and the TTAB’s denial of “Princess Kate” were in the IP headlines this week
Fri, 23 January 2015
Ultramercial’s request for a Federal Circuit review, the Seattle Seahawks’ aggressive IP strategy, a Beastie Boys motion for fees in a copyright case, the most sarcastic SCOTUS Justice, Copyright Week, and Michelle Lee’s Senate hearing were in the IP headlines this week
Fri, 16 January 2015
Applications for trade marks on Je Suis Charlie, rumours of Samsung buying Blackberry, GoPro’s shares plummeting on news of an Apple patent, India seeking a geographical indication for yoga, and gTLDs breaking the 4 million mark were among the IP stories hitting the headlines this week
Mon, 12 January 2015
In newly revealed US patent recipient rankings for 2014, IBM has become the first company to have more than 7,000 patents granted in a year while Google’s 39% increase over 2013 pushes it into the top 10, according to data from IFI Claims Patent Services
Fri, 09 January 2015
Toyota sharing hydrogen car patents, China aiming to double patent applications, a judge saying IV cannot be called a troll, Google takedown notices increasing 75%, Apple being granted bendable iPhone patents, and Coca-Cola seeking to trade mark hashtags were among the intellectual property stories hitting the headlines this week
Thu, 08 January 2015
IP Nav’s Erich Spangenberg’s predictions for 2015 will make gloomy reading for IP practitioners – he says patent reform will pass, IPRs will become even more popular, patent lawsuits will fall, GAAP write-downs are on their way and big IP law firms will make cuts
Tue, 23 December 2014
Compared to 2013, this year has seen fewer blockbuster damages awards, with none of more than $500 million. But courts still awarded more than $100 million in eight cases
Sat, 20 December 2014
Uber’s attempts to get patents, the Garcia v Google rehearing, a Google/Verizon licence deal, a trade mark victory over Chick-fil-A, and the Federal Circuit's “terribly poor decision” were among the intellectual property stories hitting the headlines this week
Wed, 17 December 2014
Kilpatrick Townsend wants the USPTO to release more information about its secretive Sensitive Application Warning System programme, lawyers from the firm tell Managing IP
Mon, 15 December 2014
The USPTO has finally released its new examination guidance on subject matter eligibility under Section 101, with the Office saying it “provides more detail” than its initial Alice guidance and is “a significant change” from its Myriad and Mayo guidance
Sat, 13 December 2014
The Supreme Court threatening to sanction a patent attorney, the USPTO declaring “Comfyballs” vulgar, Jay-Z winning a copyright case, Google News shutting in Spain, Pirate Bay being taken offline, and the monkey selfie coming back into the news were among the intellectual property stories hitting the headlines this week
Thu, 11 December 2014
It is clear that patent litigation has fallen recently. Managing IP conducted in-depth data analysis to look beyond the headline figures to assess how non-practicing entities are being affected, and which companies have reduced their activity the most
Fri, 05 December 2014
The Supreme Court granting cert in Commil v Cisco, Cisco suing Arista Networks for patent and copyright infringement, calls for caution in patent reform, Canadian patent applications declining, and a licensing deal for Nintendo were among the intellectual property stories hitting the headlines this week
Thu, 04 December 2014
The latest contribution to the patent troll debate comes from James Bessen, who confirms that patent litigation is down and reveals business method patent issuance is plummeting
Mon, 24 November 2014
Managing IP is holding events in San Jose and New York in December to bring US companies up to date with everything they need to know about the Unified Patent Court and how it will affect them, with in-house counsel being offered complementary attendance
Sat, 22 November 2014
A House of Representatives hearing on the USPTO teleworking programme, Apple being ordered to pay $24 million in damages, Aereo filing for bankruptcy, concerns over changes to Canada’s trade mark law, and the latest on patent reform were among the intellectual property stories hitting the headlines this week
Fri, 21 November 2014
It is not just Alice driving the patent litigation decline in the United States. Managing IP has this week published some data we hope will help inform the public debate around patent litigation and non-practicing entities in particular
Fri, 14 November 2014
The oral hearing of the first appeal of an inter partes review decision, 24% of Facebook ads linking to counterfeit goods, Vermont continuing its fight against patent troll MPHJ, whether the Federal Circuit is anti-patent, and the Eiffel Tower’s copyright were among the intellectual property stories hitting the headlines this week
Wed, 12 November 2014
An interesting range of discussions on recent developments in IP law will take place this Friday, November 14, at an event put on by the Fordham Intellectual Property, Media & Entertainment Law Journal and the Fordham IP Institute
Sun, 09 November 2014
A drop in the number of patent cases pending, the Supreme Court ending the dispute over Sherlock Holmes’ copyright, the question of whether you can copyright a backside, and a licence agreement between Google and LG were among the intellectual property stories hitting the headlines this week
Thu, 06 November 2014
Six months on from the US Supreme Court’s Octane decision, about 18% of motions for fee awards have been granted according to an analysis by Glaser Weil
Thu, 06 November 2014
Following the Republicans gaining full control of Congress, the chances of patent reform passing in the United States seem higher. Yet the case for it is getting weaker, with litigation plummeting and fee shifting increasingly common
Tue, 04 November 2014
A new study of inter partes review data reveals that petitions challenging NPE-owned patents are more likely to be instituted but have claims invalidated at a lower rate
Sat, 01 November 2014
Google being granted the most fast-track patents, a trade mark dispute over Empire’s Strike Bock beer, Manuel Noriega losing a copyright case, the latest in the Blurred Lines dispute, and a failed attempt to free Zorro from copyright were among the intellectual property stories hitting the headlines this week
Wed, 29 October 2014
The AIPLA annual meeting took place in Washington DC last week, with the Supreme Court’s tinkering with Section 101 a particularly hot topic. All of Managing IP’s coverage from the event is now online and our daily newsletter is available to download
Wed, 22 October 2014
The Supreme Court judges appeared divided on this issue of how much deference the Federal Circuit should give to district courts’ patent claim construction in their questioning during oral arguments in Teva v Sandoz last week
Wed, 22 October 2014
Two post-grant review petitions have been filed at the Patent Trial and Appeal Board since August. But it will take years for the popularity of this type of review to come close to that of inter partes review
Sat, 11 October 2014
Apple being the world’s most-valuable brand, Kim Dotcom’s downfall, the patent involved in the Nobel Physics Prize, a trade mark fight over the word “how”, Bose and Beats agreeing a settlement, and a Randall Rader bobblehead competition were among the intellectual property stories hitting the headlines this week
Thu, 09 October 2014
Patent cases filings were down 40% last month compared with September 2013, according to data released this week by Lex Machina
Tue, 07 October 2014
Unified Patents, a company that protects members against non-practicing entities (NPEs) in specific technology areas, is confident of further growth and will soon add additional technology areas, its CEO Kevin Jakel told Managing IP in an interview
Tue, 30 September 2014
Last week we hosted our first Twitter Q&A, with Rosa Wilkinson, director of innovation at the UK Intellectual Property Office and one of Managing IP’s 50 most influential people. You can read the highlights here – and do let us know who you would like to see face our next Twitter interview
Fri, 26 September 2014
The Turtles winning royalties in a case against Sirius, a trade mark dispute between two ukulele bands, the YODA bill’s introduction, Monster Energy being sued again for using Beastie Boys songs, a list of the most-cited IP articles, and Ecuador granting nine compulsory patent licences since 2009 were among the intellectual property stories hitting the headlines this week
Thu, 25 September 2014
Trial schedules being trimmed, institution rates falling and judges not playing ball as expected over granting motions to stay are some of the lessons gleaned from a new report by Goodwin Procter on the first two years of PTAB proceedings
Sun, 21 September 2014
Google winning a trade mark dispute, Jay-Z being sued for a one-word sample, McDonald’s seeking a McBrunch trade mark, Robin Thicke distancing himself from a copyright dispute, and a second Innocence of Muslims actor suing Google were among the intellectual property stories hitting the headlines this week
Tue, 16 September 2014
AIPPI Reporter General Thierry Calame updated attendees on AIPPI’s role in providing comments and filing amicus briefs in yesterday’s Executive Committee meeting
Tue, 16 September 2014
AIPPI Congress attendees were updated on the changes underway for designs and the Hague System during an IP Lunch Panel yesterday
Fri, 12 September 2014
The number of patents invalidated as a result of Alice v CLS Bank hitting 11, the president of the Patent Office Professional Association defending the USPTO, Led Zeppelin getting ready for a copyright fight over Stairway to Heaven, and a judge setting a Microsoft and Samsung trial date were among the intellectual property stories hitting the headlines this week
Fri, 05 September 2014
Disney suing DJ Deadmau5, the IP issues in a celebrity nude photo leak, Twitpic shutting down, Getty suing Microsoft, EFF seeking to file an amicus brief in the Ultramercial case, and Personal Audio heading to court were among the intellectual property stories hitting the headlines this week
Wed, 03 September 2014
An interesting debate has broken out between two opposing centres at the Virginia-based George Mason University over intellectual property’s effect on job creation
Mon, 01 September 2014
Patent owners have discovered that PTAB proceedings are an intense ordeal that leaves little chance for discovery or amending claims, while lawyers more used to district courts have endured a steep learning curve. Michael Loney reports on lessons learned from the PTAB frontlines
Fri, 29 August 2014
The ALS Association’s ice bucket challenge trade mark application, a rebuff of Oracle’s attempt to reinstate a $1.3 billion verdict, a plain packaging report, Google’s award of attorney fees, a copyright fight over Deep Throat, and Illinois’ patent troll legislation were among the intellectual property stories hitting the headlines this week
Thu, 28 August 2014
The almost two years of Patent Trial and Appeal Board proceedings have been a steep learning curve. Now it seems the USPTO may make some changes to proceedings to take those lessons into account
Fri, 15 August 2014
The English Premier League’s copyright clampdown, a victory for Google over Vringo at the Federal Circuit, the Washington Redskins’ trade mark appeal, criticism of the USPTO’s telework programme, and a patent troll bill being signed into law in North Carolina – some of the IP-related news you may have missed this week
Sun, 10 August 2014
A photo taken by a monkey of itself, the completion of the Comprehensive Economic and Trade Agreement between Canada and Europe, the Supreme Court’s Petrella ruling affecting a Jay-Z lawsuit, a settlement over the Tesla name in China, and Judge Posner slamming the Arthur Conan Doyle estate for “extortion” – some of the IP-related news you may have missed this week
Fri, 01 August 2014
Ronaldo’s underwear trade mark dispute, a UK passport application denial for infringing a trade mark, Bose’s patent lawsuit against Beats, a refusal of permission to appeal in a passing off case over Greek yoghurt, and a comedian’s fight against a patent troll – some of the IP-related news you may have missed this week
Thu, 31 July 2014
Patent reform supporters are licking their wounds over the collapse of efforts to pass comprehensive patent reform in the US. But a new analysis from Lex Machina lends further weight to the argument that a pause for reflection may not be a bad thing
Thu, 24 July 2014
A slimmed down patent reform bill clamping down on demand letters appears the final hope for legislation to get passed in this Congress. But some patent reform supporters are worried a small bill would make it even harder to pass comprehensive reform in the future while others say a pause in efforts to get reform passed is no bad thing
Sat, 19 July 2014
A dispute over the vulgar teddy bear character in Ted, the US Copyright Office’s response to Aereo, IP spending hitting $8.5 billion, Canada’s criticism of a NAFTA challenge by Eli Lilly, and Arthur Conan Doyle’s estate looking to the Supreme Court for help were among the intellectual property stories hitting the headlines this week
Fri, 11 July 2014
Aereo claiming it is a “cable system”, the Obama Administration reportedly backtracking on appointing a USPTO director, a landmark for women barristers in UK courts, Tesla being sued for trade mark infringement in China, and two letters criticising the TPP were among the intellectual property stories hitting the headlines in the past week
Fri, 04 July 2014
Randall Rader saying farewell to the Federal Circuit, Microsoft and Canon agreeing a patent cross-licensing deal, Lindsay Lohan suing a video games maker, Judge Lucy Koh banning the use of the term “patent troll”, and BP being denied a colour trade mark in Australia were among the intellectual property stories hitting the headlines in the past week
Fri, 27 June 2014
On June 25 the Supreme Court held that internet service Aereo infringes broadcasters' copyright by performing their works publicly. We have collected some of the best responses from Twitter and the web
Fri, 27 June 2014
A copyright lawsuit over Pitbull’s song “Timber”, a new patent litigation damages report, EFF calling Jones Day a trade mark bully, an IIPI amicus brief in support of the heirs of cartoonist Jack Kirby, and disgreement over .wine at ICANN were among the intellectual property stories hitting the headlines this week
Tue, 24 June 2014
While hundreds of millions of people are gripped watching football’s 2014 FIFA World Cup in Brazil this month, the head of FIFA’s trade mark registration team is already busy working on the next one taking place in four years’ time
Tue, 24 June 2014
It was short. It was not a blockbuster decision. It was a missed opportunity. It is to be applauded. It did not do great damage. Nor did it do much good. These are some of the responses to the Supreme Court’s eagerly-awaited 21-page opinion in Alice Corporation v CLS Bank, released on June 19
Tue, 24 June 2014
The US Supreme Court delivered its opinion in the key patent case Alice v CLS Bank on June 19. We have collected some of the best reactions from Twitter and the web through Storify
Sat, 21 June 2014
The Supreme Court's long-awaited decision in Alice v CLS, a Sherlock Holmes copyright ruling, Philip Morris' parody T-shirt dispute, the Wall Street Journal slamming "lowly patent clerks", the shut-down of the IKEAHackers website, and Smokey Robinson's copyright fight with his ex-wife were among the intellectual property stories hitting the headlines this week
Wed, 18 June 2014
IP practitioners say that the Supreme Court’s POM Wonderful v Coca-Cola ruling is unlikely to spark a flood of food and beverage labelling lawsuits but may have wider implications elsewhere
Mon, 16 June 2014
Mexico’s intellectual property office ruling in favour of iFone, Lego asking the UK government to remove images, German legal scholars debating whether Mein Kampf should be studied or suppressed when its copyright expires and a study claiming patent trolls restrict venture capital investment were among the intellectual property stories hitting the headlines in the past week
Fri, 13 June 2014
Canada is becoming more active in registering non-traditional marks, with sound marks the first to be permitted. But many brand owners are waiting to see how courts interpret these marks before applying for them
Tue, 10 June 2014
A recent report laid out the quickly-evolving options for alternative patent licensing from defensive patent aggregators such as Allied Security Trust (AST), RPX and Unified Patents as well as patent pledges from firms including Twitter and Google
Fri, 06 June 2014
Five district court opinions have so far applied the fee shifting standard that the Supreme Court laid out in its Octane Fitness decision in April, with three of the opinions ruling in favour of fee shifting.
Fri, 06 June 2014
Monster Beverage being ordered to pay the Beastie Boys $1.7 million, Orrin Hatch slamming the Obama administration for not appointing a USPTO director, Hershey’s suing a marijuana cooperative, .xyz becoming the number one gTLD, and Harper Lee ending a copyright lawsuit against a museum were among the intellectual property stories hitting the headlines this week
Wed, 04 June 2014
So far this year, the US Supreme Court has released five decisions in patent cases. The ramifications of these are already being seen, with one example being the shifting of fees in a case as a result of the Octane decision
Wed, 04 June 2014
Chief Judge Sharon Prost may have wished she brought a tin hat with her for her first day in her new role at the Federal Circuit on Monday. With cruel timing, the Supreme Court chose June 2 to unleash a harsh smack down of the appeals court over which she now presides
Tue, 03 June 2014
The US Supreme Court has rejected the Federal Circuit’s insolubly ambiguous test in Nautilus v Biosig and its expansion of the inducement doctrine in Limelight Networks v Akamai Technologies, with Justice Samuel Alito having some harsh words for the court of appeals
Fri, 30 May 2014
Apple requesting a retrial with Samsung, shares in Spherix surging then plummeting, the .club domain name becoming the number one gTLD, the Marines increasing trade mark filing, and a potential thawing in Disney’s attitude to copyright infringement were among the intellectual property stories hitting the headlines this week
Sat, 17 May 2014
Apple and Google dropping all patent litigation against each other, an erotic movie studio filing more than a third of US copyright lawsuits, a German court ruling Jesus Christ does not own copyright on a 1975 book, Samsung failing to have a Rockstar lawsuit dismissed in Texas, and the Senate trying to mark-up a patent reform bill for a sixth time were among the intellectual property stories hitting the headlines in the past week
Wed, 14 May 2014
A new report from Lex Machina underlines how quickly patent litigation is increasing, and reveals the districts with the biggest caseloads, the top plaintiffs and the most popular targets for litigation (no prizes for guessing which firm is sued the most)
Tue, 13 May 2014
The USPTO has proposed to reduce fees for trademark filings that are done electronically. Deborah Cohn, Commissioner for Trademarks at the Office, explained during the UPSTO Users session yesterday that the aim is to lower costs and promote efficiency for customers.
Mon, 12 May 2014
In yesterday’s Opening Ceremonies, Etienne Sanz de Acedo, INTA CEO, highlighted the Association’s rapidly growing initiatives in Asia. He said that 2,739 attendees from Asia-Pacific were registered for this year’s Annual Meeting, making up almost 32% of all attendees.
Sun, 11 May 2014
A session on Wednesday will give attendees analysis of the most important US trademark cases in the past year. Michael Loney looks at some of the cases that might be discussed.
Sun, 11 May 2014
A panel tomorrow will provide practical advice on dealing with trademarks during mergers and acquisitions. Michael Loney discusses five of the top tips.
Sun, 11 May 2014
In the Exhibit Hall this year you can find many items of interest from around the world. These include Russian dolls, traditional Chinese outfits, Ecuadorian chocolate, Vietnamese figurines and pirates of the Caribbean. Cuddly toys also appear popular among exhibitors this year. You can even win some at one stand if you manage to throw a sticky ball at a target. At INTA’s stand you can view samples of some counterfeit goods, including fake designer jeans and purses.
Thu, 08 May 2014
The US Supreme Court stepping in to overhaul the definition of when a case is so exceptional that fees should be shifted has raised expectations that patent reform can now quickly proceed
Tue, 06 May 2014
Eighty-seven new patent cases were filed in US district courts last week, according to figures from Docket Navigator. This was down greatly on the 291 new cases the week before when concerns about a patent reform provision being debated in Senate caused lawsuit filing to sharply increase
Fri, 02 May 2014
Senator Patrick Leahy delaying mark up of patent reform for a fifth time, World IP Day celebrations, Alibaba buying patents ahead of its IPO, the UK Patent Box attracting Pfizer, a federal court sending the Vermont attorney general’s lawsuit against MPHJ back to state courts, and Kim Dotcom’s new political party were among the stories hitting the headlines in the past week
Thu, 01 May 2014
Brazil is taking steps to reduce its big backlog of patent and trade mark applications under the new president of the Brazilian Patent and Trademark Office (BPTO), as well as overhauling some of its intellectual property regulations including new guidance on famous and well-known trade marks
Sat, 26 April 2014
An unusual amount of US patent infringement lawsuits, Mars suing Hershey’s for trade mark infringement over its Malteser product, Foxconn selling communication technology patents to Google, and Quentin Tarantino’s copyright infringement lawsuit against Gawker Media being dismissed were among the stories hitting the headlines in the past week
Fri, 18 April 2014
32 US lawmakers lambasting Canada’s IP standards, record labels and movie studios suing Megaupload, Tennessee passing patent troll legislation, Australia granting trade mark protection to Scotch, and a judge ruling in favour of Jay-Z were among the stories hitting the headlines in the past week
Fri, 11 April 2014
The investors in Intellectual Ventures’ new patent acquisition fund, China approving Microsoft’s purchase of Nokia’s devices business with conditions, four countries requesting ICANN reconsider the .wine gTLD, the EC president visiting OHIM, and Google’s attempt to get a trade mark on the word glass were among the stories hitting the headlines this week
Tue, 08 April 2014
The USPTO stepped into a minefield last month when it issued guidance following the Supreme Court’s Myriad decision. Many IP practitioners reacted with horror to what they saw as dangerous guidance that could mean drugs that are derived from natural products are not patentable. It is possible to feel some sympathy for the USPTO’s position, however
Mon, 07 April 2014
The Partnership for American Innovation was set up in response to an alarming increase in anti-IP sentiment and expects to grow its membership, according to David Kappos, who is advising the coalition
Sat, 05 April 2014
The Supreme Court hearing arguments in Alice v CLS and granting review of Teva v Sandoz, Lenovo buying more than 3,800 of NEC’s patent families, Carnegie Mellon’s damages being increased 31%, the UK making progress towards a plain packaging ban, and the USPTO creating a new international cooperation office were among the stories hitting the headlines this week
Thu, 03 April 2014
IP observers in Canada are warning of uncertainty and increased expense for trade mark owners after the country’s government announced sweeping changes to the Trade-marks Act late on Friday March 28
Fri, 28 March 2014
A new Android patent deal for Microsoft, the Senate mulling further provisions for patent reform, InterDigital reportedly agreeing to FRAND terms for its patents in China, the Wu-Tang Clan’s novel approach to releasing music, and the USPTO's 700,000th design patent were among the IP stories hitting the headlines this week
Thu, 27 March 2014
This month’s USPTO guidance for determining subject matter eligibility in claims resulting from laws of nature in the wake of the Supreme Court’s Myriad decision has caused high concern among IP practitioners, according to a life science panel at the US Patent Forum in Washington DC on March 25
Thu, 27 March 2014
Concern is growing about how Patent Trial and Appeal Board (PTAB) trials will affect the relationship between the USPTO and Federal Circuit, according to speakers on a panel at the US Patent Forum in Washington DC on March 25
Thu, 27 March 2014
Awards were presented to the leading national and regional firms in US and Canada, as well as the outstanding IP litigators by state, at a ceremony at the Willard InterContinental in Washington DC on March 25
Wed, 26 March 2014
The clampdown against patent trolls at state level continues to gather pace. But could the actions of Attorneys General lead to confusion, inconsistency and unfairness?
Fri, 21 March 2014
A bill introduced last week that would ensure that the USPTO keeps all of the user fees it collects has a good chance of being passed, according to observers
Fri, 14 March 2014
Google filing a petition for a rehearing of Innocence of Muslims case, Pfizer having a blockbuster patent invalidated, US patent litigation filings slowing and the EU looking to clamp down on the use of cheese names were among the intellectual property stories hitting the headlines this week
Fri, 07 March 2014
A debate about who owns the copyright on the Oscars selfie, the top targets for patent trolls, India cranking up patent filing fees and a lawsuit over the Batmobile were among the intellectual property stories hitting the headlines this week
Tue, 04 March 2014
The White House unveiled three executive actions on February 20, which it hailed as important in strengthening the patent system. IP observers seem less convinced, however
Tue, 04 March 2014
A decision in a US district court in California last week in Realtek Semiconductor Corp v LSI Corp could have a big impact on litigation related to reasonable and non-discriminatory (RAND) rates
Fri, 28 February 2014
It was an important day in the Supreme Court on Wednesday, with arguments being heard in two cases that could change the rules for fee shifting in patent disputes
Fri, 28 February 2014
A Ninth Circuit decision in Garcia v Google has shocked copyright practitioners, who warn its impact could be vast. Judge Alex Kozinski this week ruled that the film “The Innocence of Muslims” violated actor Cindy Garcia’s copyright, and that Google must remove it from YouTube
Fri, 28 February 2014
A new Senate anti-troll bill, Betty Boop being back in court, an end to the Candy Crush trademark saga, a rejection of a $2 billion patent lawsuit against Apple, and a Simpsons actor’s copyright dispute were among the intellectual property stories hitting the headlines this week
Wed, 26 February 2014
US state attorneys general are taking aim at patent trolls. One has passed legislation to curb abusive demand letters and another has announced a settlement with a notorious troll. But limitations exist to how much can be achieved at state level, as well as concerns about confusion and overreach, reports Michael Loney
Wed, 26 February 2014
The Supreme Court will hear arguments Wednesday in two complementary cases that have wide-reaching ramifications for fee shifting, patent trolls and the patent reform legislation in Congress
Tue, 25 February 2014
The deadline of February 19 for Apple and Samsung to mediate their patent dispute has passed without agreement. The two parties will be back in a Californian court at the end of March
Fri, 21 February 2014
A USPTO patent granted to a disgraced scientist, an NSA settlement with an online retailer over parody t-shirts and a lawsuit brought against Nicki Minaj claiming $30 million of losses from stolen wig designs were among the intellectual property-related stories hitting the headlines this week
Fri, 14 February 2014
An EU ruling on unregistered design rights, Intellectual Ventures cutting its staff by 5% and HTC and Nokia settling all patent litigation between each other were among the IP developments in the news this week
Fri, 07 February 2014
The average and median price paid for US patents fell in 2013 compared with 2012, according to an analysis by patent brokerage and valuation services firm IPOfferings
Fri, 07 February 2014
A mistrial in IV's case against Google, Samsung and Cisco unveiling a patent licensing deal, and a judgment in a Red Bull trade mark dispute were among the IP developments in the news this week
Tue, 04 February 2014
Michelle Lee hit a strikingly upbeat tone in her first speech since being appointed deputy director of the USPTO. This was not enough for some, who accused her of being on a “very short leash” while decrying the continued absence of a director above her
Mon, 03 February 2014
A member of Acacia Research Group’s management team has hit out at what he says is the “witch hunt that seems to be underway against non-practising entities” and criticised the US president for a lack of understanding about patents
Fri, 31 January 2014
Bootleg recordings, the sale of Motorola Mobility, a fight over Pink, litigation strategies and the Queensbury case were among IP developments in the news this week
Thu, 30 January 2014
The Global Intellectual Property Centre is out with its 2nd International IP Index, and its findings may raise a few eyebrows
Wed, 29 January 2014
The Supreme Court’s unanimous overturning of the Federal Court decision in Medtronic v Mirowski Family Ventures will remove uncertainty over which party has the burden of proof in patent licensing disputes and may lead to further challenges to licensed patents from licensees
Fri, 24 January 2014
A selection of intellectual property stories from around the world that grabbed headlines this week
Fri, 17 January 2014
The America Invents Act has prompted many companies to make changes in their invention capture and review procedures and public disclosure polices, according to a study released by IP advisory firm ipPerformance
Fri, 17 January 2014
A selection of intellectual property stories from around the world that grabbed headlines this week
Thu, 16 January 2014
Patent trolls came under a lot of fire near the end of last year, as the US House of Representatives debated the Innovation Act and the Senate readied its own legislation to tackle patent abuse. The focus on patent trolls has intensified further so far this year
Tue, 14 January 2014
New York attorney general Eric Schneiderman has announced a settlement with MPHJ Technology Investments that has been described as a model for other states to follow when taking on patent trolls
Tue, 14 January 2014
Technology firms are rising quickly up the ranking of firms with the most patents granted in the US, according to new data published by IFI Claims Patent Services.
Fri, 10 January 2014
The US Supreme Court today granted review for two patent cases, one copyright case and one trade mark case. The cases are Limelight Networks v Akamai Technologies, Nautilus v Biosig Instruments, ABC v Aereo and POM Wonderful v Coca-Cola
Fri, 10 January 2014
The fate of a number of high-profile US patent lawsuits will be made clearer today. The Justices of the Supreme Court are scheduled to meet for a private conference and will consider some important patent cases
Fri, 10 January 2014
A selection of intellectual property stories from around the world that grabbed headlines this week
Thu, 09 January 2014
One of the most watched patent cases this year will be the US Supreme Court’s ruling in Alice v CLS Bank. Observers hope this will at last provide some certainty around interpreting Section 101 after more than four decades of confusion. They will likely be disappointed
Tue, 31 December 2013
Jeffrey Lewis may have finished his term as president of AIPLA in October but he is determined to continue to push for change on attorney-client privilege
Thu, 19 December 2013
Patrick Leahy this week has been trying to convince his fellow senators of the need to pass patent reform. But the Democratic Senator from Vermont, who serves as the chairman of the Senate Judiciary Committee, has been doing it without his former top adviser on IP issues
Wed, 18 December 2013
Applying the existing US damages law consistently would go a long way to reducing the troll problem, it was argued during a web seminar entitled Patent Trolls & Damages held by Managing IP in association with LexisNexis
Thu, 12 December 2013
As of January a former Google employee will be in charge of the USPTO, with Michelle Lee becoming deputy director with no director above her. The appointment has sparked concerns, as well as questions about whether legally she can be appointed at all
Fri, 06 December 2013
The Innovation Act was passed by the House of Representatives in a 325-91 vote yesterday, despite some heated opposition. It survived amendments that would have removed provisions moving to a loser-pays system and diluted the covered stay provisions
Wed, 04 December 2013
Two technology giants – and two colourful lawyers – are to clash today, when the appeal hearing Oracle v Google gets underway at the Federal Circuit in Washington, DC
Mon, 02 December 2013
With a vote on the Goodlatte bill scheduled for December 4, observers are concerned that progress is moving too fast on patent reform in the House of Representatives and complain that interested stakeholders have not had a fair chance to have their say.
Thu, 28 November 2013
The top two positions at the USPTO are now vacant, with no word on when they will be filled