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Patent Archive


  • Sanctioned lawyers, defining "final judgment" and claim construction issues – this week at the Federal Circuit

    October 30, 2015

    This week, the Federal Circuit handed down rulings on whether lawyers reprimanded by the trial judge were formally sanctioned, the nuances of claim construction and dicta about why it has a different definition of "final judgment" from other Circuits

  • UPC Rules of Procedure released

    October 30, 2015

    The Preparatory Committee has published the final version of the Rules of Procedure for the Unified Patent Court, including changes to the rules on opt outs and language

  • Unitary Patent and UPC: the state of play

    October 29, 2015

    The first Unitary Patents may be granted one year from now. Following our series of articles on the Unitary Patent and UPC, James Nurton and Kingsley Egbuonu take stock of where we are now and what remains to be done before Europe’s new patent system can come into effect

  • Kyle Bass PTAB institution success rate swings past 50%

    October 29, 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”

  • Utynam’s Heirs

    October 28, 2015

    This month, Utynam brings news and gossip from the beautiful city of Rio de Janeiro, Brazil, where the AIPPI Congress was held from October 10 to 14

  • PTAB provides guidance on AIA estoppel provisions

    October 28, 2015

    Recent guidance from the PTAB relating to the estoppel provisions of the America Invents Act could have significant implications for US patent litigation. Daniel Zeilberger, Joseph Palys and Naveen Modi of Paul Hastings explain

  • Prior art enablement and Octane attorneys' fees – last week at the Federal Circuit

    October 27, 2015

    The Federal Circuit issued only one precedential decision last week, but an unpublished opinion applying Octane found that even where infringement was not wilful, providing false discovery responses and playing "semantic games" at trial may be grounds for awarding attorneys' fees

  • Brazil's battle against the patent backlog

    October 27, 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

  • Sponsored roundtable: Solving the India patent puzzle

    October 27, 2015

    Kanchan Vadehra and Sharad Vadehra of Kan and Krishme discuss some of the unique features of the Indian patent system and tips to overcome those challenges

  • Experts are back in patent cases

    October 27, 2015

    The Supreme Court is driving several trends in patent and trademark litigation, as was discussed on the “Hot Topics in Litigation and Damages in IP” panel at the AIPLA Annual Meeting

  • Good news from AIPLA's Women in IP Law Committee

    October 27, 2015

    A packed crowd at the Women in IP Law Committee Breakfast Meeting was treated to encouraging statistics about the representation of women on AIPLA panels and an informal and entertaining panel of women judges sharing their advic

  • Meet the new AIPLA President Denise DeFranco

    October 27, 2015

    AIPLA President-Elect Denise DeFranco, who takes over from Sharon Israel, talks about her goals for her upcoming term and the role that all members have in shaping IP law

  • Alice goes to the movies

    October 27, 2015

    David Beck, director of IP at Viavi Solutions, gave an entertaining presentation during an AIPLA Annual Meeting session looking at the impact of the Supreme Court’s Alice v CLS decision

  • Focus shifts towards trade secrets

    October 27, 2015

    Speakers in a session on trade secrets at the AIPLA Annual Meeting said that as US patent holders are growing increasingly concerned about the state of patent protection, they are looking more towards trade secret protection as a means of protecting innovation.

  • UK and China combine to boost IP protection

    October 27, 2015

    The UK-China business community met with government representatives to discuss intellectual property development in what Baroness Neville-Rolfe described as the ‘Golden Era’ of business relations between the two countries.

  • Best practices for PTAB success

    October 26, 2015

    Terry Stanek Rea of Crowell & Moring had some helpful tips for dealing with the Patent Trial and Appeal Board for preliminary responses, amendments, discovery, deposition evidence, objections to evidence and hearings

  • Judges slam useless objections at AIPLA Annual Meeting

    October 26, 2015

    Judges and private practice lawyers yesterday warned it hurts clients when lawyers tussle over every claim construction term and discovery request, regardless of whether they affect the outcome of the case

  • Interview: Lisa Jorgenson, AIPLA Executive Director

    October 26, 2015

    Lisa Jorgenson was introduced as AIPLA’s Executive Director during last year’s Annual Meeting and started in the role soon after. Even after many years of involvement with the Association – including being on the Board of Directors from 2005 to 2008 – she says the past year has been a learning experience

  • Sponsored roundtable: China’s evolving patent system

    October 26, 2015

    Xiaoning Yu, Xiang Zhang and Guojun Liu of Liu, Shen & Associates discuss changes to China’s patent law, the new IP courts and some of the important recent cases

  • Judge Alan Lourie: An evolving IP landscape

    October 23, 2015

    During his lunchtime keynote speech, Judge Alan Lourie discussed the changes that he has witnessed during his career

  • Michelle Lee outlines USPTO priorities at AIPLA Annual Meeting

    October 23, 2015

    USPTO Director Michelle Lee outlined her priorities during the Opening Plenary Session yesterday, in an interview with AIPLA Executive Director Lisa Jorgenson

  • Getting up to speed on the post-AIA world

    October 23, 2015

    IP practitioners are still adjusting to the changes brought about by the Leahy-Smith America Invents Act (AIA)

  • Interview: Sharon Israel, AIPLA President

    October 23, 2015

    Sharon Israel has had a busy and rewarding year as AIPLA President. “It was the year of transition,” she says. This included Lisa Jorgenson starting as Executive Director soon into Israel’s term as president

  • Sponsored roundtable: How to patent your computer-implemented inventions in China

    October 23, 2015

    Martin Meng and Howard Hao partners at Chang Tsi & Partners, discuss the patentability of computer-implemented inventions in China and tips when drafting and prosecuting such patents

  • Data – PTAB filing in September third-lowest of 2015

    October 21, 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

  • SIPO and EPO highlight IP cooperation

    October 20, 2015

    Officials from SIPO and EPO met in Lyon, France earlier this month to commemorate 30 years of cooperation and also to discuss further collaboration

  • US Supreme Court takes on two patent damages cases

    October 20, 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

  • Three views from in-house counsel on managing innovation

    October 19, 2015

    Diverse perspectives on the challenges of managing innovation in an increasingly politicised climate were provided by in-house counsel from 3M, Canon and Embraer at a lunchtime discussion at the AIPPI Congress

  • AIPPI Congress: pharma workshops roundup

    October 19, 2015

    Personalised medicine, double trouble for trade marks and a controversial discussion on compulsory licensing marked the regular pharma day at this year's AIPPI Congress

  • Fathoming functionality for designs

    October 19, 2015

    Panellists were invited to “tame the beast” of functionality in a panel on industrial designs, which also served as an appetiser ahead of the Working Question on design functionality scheduled for debate at next year’s AIPPI Congress in Milan

  • Interview: Felipe Claro, AIPPI President

    October 19, 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

  • Unitary Patent and UPC: Progress Report (October)

    October 19, 2015

    Protocol to the UPC Agreement signed by some member states; the facilities of the Court of Appeal of the UPC will be ready in early 2016; and the Select Committee has given its opinion on the remaining financial aspects of the implementation of the Unitary Patent

  • OECD IP tax reforms win G20 approval

    October 19, 2015

    G20 Finance Ministers have endorsed the OECD’s final recommendations to reform preferential IP tax regimes, such as the Patent Box, worldwide

  • PTAB's BRI standard may not be as controversial as critics suggest

    October 16, 2015

    At a roundtable discussion earlier this week at the George Washington University School of Law, several practitioners suggested that concerns about the PTAB's use of the broadest reasonable interpretation standard are unfounded

  • TXED drives 33% drop in US patent litigation in third quarter

    October 14, 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

  • Patent Office views from Brazil, Europe and Japan

    October 14, 2015

    This year's first AIPPI Congress lunch panel featured differing perspectives on “Continuous improvement of IP systems” from representatives from patent offices.

  • Pakistan and Vietnam join AIPPI family

    October 14, 2015

    New national groups from Pakistan and Vietnam were welcomed at the AIPPI Executive Committee meeting during the Congress in Rio de Janeiro

  • Interview: Laurent Thibon, AIPPI Secretary General

    October 14, 2015

    Laurent Thibon is half-way through his term as AIPPI Secretary General. He spoke to James Nurton about changes to the structure of the association – and to his own role

  • Take your partners please for the Frandango!

    October 14, 2015

    James Nurton reports on a discussion about standard-essential patents and FRAND terms at the AIPPI Congress in Rio de Janeiro

  • Battling the backlog: Luiz Otávio Pimentel, INPI

    October 14, 2015

    Luiz Otávio Pimentel knew he had a tough job facing him when he took over as President of Brazil’s National Institute of Industrial Property, Ministry of Development and Foreign Trade (INPI) in July. That job became even harder as a result of Brazil revealing it entered recession in the second quarter. With that, comes a hiring freeze handed to the office by the government. The new man at Brazil’s patent and trade mark office needs to get creative

  • Interview: John Bochnovic, AIPPI Executive Director

    October 14, 2015

    John Bochnovic has become AIPPI’s first Executive Director. He talks to James Nurton about how the association is changing – and also what will stay the same

  • The (trade) secrets of success

    October 14, 2015

    As several jurisdictions ponder reforms to trade secrets laws, AIPPI delegates debate questions that address how trade secrets should be protected and enforced, to ensure a balanced commercial environment. James Nurton reports

  • The perils of international collaboration

    October 14, 2015

    Globalisation has made it easier for innovators from around the world to collaborate. However, conflicts between national statutes can cause problems, in some cases making it impossible to comply with the law. Peter Leung previews Working Question 244, which looks at some of these issues

  • Apple faces up to $860 million in damages after patent loss

    October 13, 2015

    A jury has found that Apple infringed a patent held by the University of Wisconsin and could be liable for up to $860 million in damages

  • Interview: Sarah Matheson, AIPPI Reporter General

    October 12, 2015

    In an interview with the AIPPI Congress News, Reporter General Sarah Matheson provides a guide to what’s happening during this week’s Congress

  • AIPPI Opening Ceremony gets the party started

    October 12, 2015

    Attendees were treated to a warm welcome as well as a wide range of festive Brazilian dancing at the Opening Ceremony

  • Getting to work on next year’s AIPPI questions

    October 12, 2015

    The four working questions to be studied at next year’s Congress in Milan were debated yesterday, in a discussion led by the Reporter General team

  • Interview: AIPPI Congress Chair Luiz Henrique do Amaral

    October 12, 2015

    Ahead of this year’s AIPPI Congress, Michael Loney spoke to organising committee chair Luiz Henrique do Amaral about education, networking and the social programme

  • UPC concerns raised at AIPPI Congress

    October 12, 2015

    Transitional measures, fees, patent term extension, the availability of injunctions and the appointment of judges were all identified as key issues of concern at yesterday’s open meeting of AIPPI’s Standing Committee on the Unitary Patent and Unified Patent Court

  • Australia takes genetic material patenting ban even further

    October 09, 2015

    In a decision that may introduce uncertainties into how patentability is determined, the Australia High Court has ruled that isolated genetic material is not patentable in a decision that appears to go even further than the US Supreme Court's decision in Myriad

  • The impact of insolvency on licence agreements

    October 09, 2015

    Some jurisdictions have well-established principles concerning IP rights in insolvency proceedings, but in others the law is less clear. Bankruptcy and IP specialists in Australia, Canada, China, Germany, the UK and the US explain the key issues

  • Judge Hacon celebrates small-claim procedure

    October 08, 2015

    A small claims track set up to help parties resolve low-value IP disputes in the UK has “taken off” according to the judge in charge of the Intellectual Property Enterprise Court (IPEC) in London.

  • PTAB institutes Kyle Bass IPR challenging Cosmo Technologies patent

    October 07, 2015

    The Patent Trial and Appeal Board has instituted review of an inter partes review petition brought by the Coalition for Affordable Drugs, the first success for the Kyle Bass and Erich Spangenberg-backed entity after two previous denials of review

  • Which IP practitioners are moving firms in the Americas?

    October 07, 2015

    In our regular round-up, we summarise recently-announced partner and national IP office moves in the Americas, including hires by Arent Fox, Osler Hoskin & Harcourt, Fox Rothschild, K&L Gates, White & Case and Patterson Belknap Webb & Tyler

  • Wearables – fit for a patent war?

    October 07, 2015

    The increasing hostility between Fitbit and Jawbone has some declaring the start of a patent war in the wearable device industry. The treatment of other forms of IP protection will also need to be worked out in this booming industry, say observers

  • How changes to US civil procedure rules will affect patent litigation

    October 06, 2015

    Amendments to the US Federal Rules of Civil Procedure are set to take effect on December 1 and will affect issues such as discovery and document production. Jeff Totten and Robert MacKichan look at the implications for patent cases

  • The legal aspects of 3D printing in Brazil

    October 06, 2015

    The increasing popularity of 3D printing in Brazil poses several questions about IP rights, free dissemination of 3D printing and home users of the new technology. Ricardo Pinho of Guerra IP assesses whether Brazil’s laws are sufficient to provide the answers

  • Demand letters, design patent damages, PTAB institution appeals, reputation damage for employee inventors – the Federal Circuit week in review

    October 05, 2015

    Last week's Federal Circuit precedential decisions include rulings on Vermont's suit against MPHJ, how to calculate damages in design patent cases, the appealability of PTAB decisions to institute and what constitutes new evidence in Board appeals

  • Federal Circuit rules it cannot review PTAB decisions to institute

    October 01, 2015

    The Federal Circuit held that it has no authority to review the PTAB's decision to institute a case that the patent holder argued should have been time barred

  • Google and Microsoft settle all patent litigation

    October 01, 2015

    Technology giants drop about 20 lawsuits in the US and Germany and agree to collaborate “on certain patent matters”

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