PTAB 4 years on
It may be hard to believe but it was five years ago that President Obama signed into law the America Invents Act. One of its biggest reforms was the creation of the Patent Trial and Appeal Board in 2012.
Once criticised as a death squad for patents, the PTAB is now an essential part of patent litigation strategy in the US.
In our cover story, Americas editor Michael Loney looks at 10 emerging issues at the PTAB, and presents data on the statistical trends, biggest users and most active law firms. He also interviews Chief Judge David Ruschke. In a related piece, Americas reporter Natalie Rahhal spoke to IBM's Manny Schecter about how the company's IP strategy has evolved.
You can also read all our latest PTAB coverage on our dedicated topic page managingip.com/PTAB.
The PTAB is often contrasted with opposition systems elsewhere so to accompany this special feature we asked practitioners in Australia, Europe, Japan and Korea to address some practical questions about challenging patents (and defending challenges) in those jurisdictions.
China, CJEU and FTC
Also in this issue we have an article on a topic that I know vexes many litigants in China: how to present evidence in litigation without falling foul of the country's strict procedural rules. (As a speaker at one of our conferences once said, being a notary in China may be one of the best jobs in the world.)
From Europe we have an article looking at the recent CJEU decision in Genentech on royalties for unpatented technology, and an analysis of colour combination trade marks in the EU in the light of the recent and pending GSK and Red Bull cases (pictured left).
Back in the US, the Federal Trade Commission is clamping down on native advertising and endorsements in social media, and we have the latest lessons for brand owners.
And more ...
Our diarist Utynam reports from the recent MARQUES Annual Conference in sunny Villaitana, Spain (right) while our sponsored country updates this month include 25 contributions from Africa to Vietnam.
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Our next paper issue will be our bumper end-of-year special, which will include a special focus on new frontiers in IP.
