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Patent Archive

  • Are PTAB institution procedures unfair?

    September 30, 2015

    Are high PTAB institution rates a sign that the rules are too favourable to petitioners? This was debated during a session at the IPO annual meeting

  • EPO oppositions are affordable, powerful and increasingly important

    September 30, 2015

    The proposed Unified Patent Court fee for revocation proceedings is €20,000. The EPO fee for opposition proceedings is €775. David Lewin expands on how and why you should be taking full strategic advantage of the EPO’s opposition procedure

  • The view from inside the UPC courtroom

    September 30, 2015

    Over the past year lawyers at London firm Bristows have staged a comprehensive mock Unified Patent Court case. Alan Johnson explains the lessons learned while James Nurton interviews some of the participants

  • Circuit overload: How the Federal Circuit is changing

    September 29, 2015

    More than half of its judges have changed in the past five years, the Supreme Court keeps smacking it down, and a flood of new PTAB appeals is coming its way. Michael Loney assesses how today’s Federal Circuit is coping

  • The Federal Circuit's Section 101 uncertainty

    September 29, 2015

    The Federal Circuit has only found patents valid in one Section 101 appeal since the Supreme Court's Alice verdict. Frustrated IP practitioners are hoping the court will soon change from telling them what is not eligible to providing some guidance on what is. Peter Leung reports

  • Federal Circuit deals MPHJ a blow in its dispute with Vermont

    September 29, 2015

    In a precedential decision, the Federal Circuit has denied MPHJ’s request for a hearing in Federal Court of its dispute with the State of Vermont over demand letters sent by the non-practising entity

  • PTAB refuses to sanction Bass, Spangenberg calls for crowdsourcing of IPRs

    September 29, 2015

    In a busy week for hedge fund IPR news, the PTAB has refused to sanction Kyle Bass’s Coalition for Affordable Drugs but denied an IPR petition by Ferrum Ferro Capital, while Erich Spangenberg has urged crowdsourcing of IPRs against pharma companies

  • Chief Judge Prost weighs in on Supreme Court pushback

    September 29, 2015

    In a speech at the IPO Annual Meeting in Chicago, Federal Circuit chief judge Sharon Prost said that disagreements with the Supreme Court are an important part of the patent law's development

  • Federal Circuit review - A look at eBay v MercExchange, API supplier liability and lump sum awards for future damages

    September 25, 2015

    Managing IP rounds up the precedential decisions coming out of the Federal Circuit this week, with one highlight from the previous week

  • Demanding security from your supply chain

    September 25, 2015

    As your goods move from factory to retail, they can be tampered with, stolen, or replaced by counterfeits. Lee Macfarland provides guidance on risks and best practices through the supply chain

  • Navigating OEM-related IP challenges

    September 25, 2015

    Original equipment manufacturing in China provides many advantages for international companies, but IP-related pitfalls can be a challenge. Ted Chwu and Gordon Lee explain what rights holders have to look out for

  • Slovenia to ratify UPC Agreement this year

    September 25, 2015

    Slovenia is preparing to ratify the UPC Agreement this year and will set up a facility for the UPC’s Patent Mediation and Arbitration Centre, but still unsure about a local UPC division, according to a spokesperson from the Slovenian Ministry of Justice

  • The PCT surge: do you need to worry?

    September 25, 2015

    Patent applicants have been warned that there may be a shortage of patent translators to handle the expected rise in US-originating PCT applications entering the national phase this month and in October. Managing IP investigates

  • Providing active pharmaceutical ingredient to ANDA defendant not induced infringement

    September 24, 2015

    The Federal Circuit has reversed a grant of summary judgment for induced infringement against a defendant who provided the active pharmaceutical ingredient to an ANDA defendant seeking to bring a generic onto the market

  • The 2015 PCT survey

    September 24, 2015

    Our annual report based on research by Inovia, a member of the RWS Group, reveals the top PCT filers in the major patenting jurisdictions and worldwide, as well as the fastest-growing firms

  • Gilstrap strikes blow against eDekka with rare 101 motion grant

    September 23, 2015

    The Eastern District of Texas has granted a motion to dismiss for lack of patentable subject matter in a case involving an eDekka patent that has been used in 252 patent litigation cases

  • The top law firms for PTAB institution success

    September 22, 2015

    Statistics from Unified Patents reveal which law firms have the best percentages for institution rate by case and by claim in Patent Trial and Appeal Board proceedings

  • Federal Circuit’s Rule 36 affirmances of PTAB appeals causing frustration

    September 22, 2015

    The US Federal Circuit has issued substantive opinions in only four of the 28 Patent Trial and Appeal Board appeals it has ruled on, merely providing one-sentence affirmances for the rest. Michael Loney analyses the decisions so far

  • Is ADR the way forward for FRAND?

    September 21, 2015

    Erik Wilbers, director of WIPO's Arbitration and Mediation Center, speaks to Managing IP about growing comfort with alternative dispute resolution (ADR) in IP and the role that ADR can play in FRAND disputes

  • Federal Circuit rules laches a viable defence in patent cases

    September 18, 2015

    Citing concerns about 'stale' patents, the Federal Circuit has ruled, en banc, that laches is a statutory defence in the Patent Act and may be a defence to both legal and equitable remedies

  • Europe IP news round-up

    September 18, 2015

    EPO to donate €100k to refugee crisis, EU MEPs support extension of GI protection, tips offered at the Global Innovation Index launch, EC backs TRIPs exemption for least-developed countries, consultation on Mediation Directive and the Unitary Patent and UPC latest were in the IP headlines in Europe this week

  • PTAB petition filing in August up 44% on previous month

    September 16, 2015

    PTAB petition filing has recovered from a lull in July. The 177 petitions filed in September were up 44% on the previous month

  • Unitary Patent and UPC: Progress Report (September)

    September 16, 2015

    The UK IPO is making progress with the IT system, draft Rules on the European Patent Litigation Certificate have been agreed, proposals for the Patent Mediation and Arbitration Centre rules are imminent, and Finland and Italy are preparing to ratify the UPC Agreement

  • Warner-Lambert still in Swiss-type pain in the UK

    September 16, 2015

    Following the guidance from the Court of Appeal, Mr Justice Arnold has ruled that some of the claims of Warner-Lambert's second medical use patent for the drug pregabalin are invalid, and that Actavis has not infringed two claims directed to the use of pregabalin

  • The UK's IP diplomacy

    September 11, 2015

    Speaking with Managing IP in Shanghai, Adam Williams, deputy director of the UK IPO's international policy directorate discussed the UK's strong relations with China on IP issues, the trends his IP attachés are seeing around the world and the future of the attaché programme

  • Unitary Patent and UPC: five takeaways from the Patent Reform Forum

    September 11, 2015

    Judges, in-house counsel, patent lawyers and attorneys and IP office representatives discussed the Unitary Patent and Unified Patent Court (UPC) at the latest EU Patent Reform Forum. James Nurton reports on the main news and views

  • Former USPTO patent commissioner Focarino joins Oblon

    September 09, 2015

    Margaret Focarino, former commissioner for patents for the USPTO, has joined Oblon McClelland Maier & Neustadt as senior patent advisor

  • China criminal enforcement: Be careful what you wish for

    September 09, 2015

    Criminal enforcement is an important tool for IP owners in China, but professor Huang Wushuang of East China University of Political Science and Law said that calls to make it easier to start criminal enforcement proceedings may be unwise

  • Three policy themes to be targeted in UK IPO research

    September 09, 2015

    IP research will focus on enforcement and infringement, innovation and growth and the value of intellectual property, according to the UK IPO’s 2015-16 research and evaluation priorities

  • Interview: Pippa Hall, chief economist, UK IPO

    September 09, 2015

    As the UK Intellectual Property Office announced its 2015-16 research and evaluation priorities, James Nurton spoke to chief economist Pippa Hall about data, difficulties between economists and lawyers and that recent article in The Economist

  • US business method patent applications fall 52.4% after Alice

    September 07, 2015

    Managing IP analyses how class 705 patent applications and issuance at the USPTO, and the companies behind the filings, have changed since last year’s Alice v CLS Bank decision

  • Interview: Sam Granata, UPC Legal Framework Group

    September 04, 2015

    Belgian judge Sam Granata is at the heart of the planning for Europe’s Patent Mediation and Arbitration Centre. In an exclusive interview, he discusses issues including the preparations, facilities, legal uncertainties and potential challenges

  • Bass PTAB challenge to Biogen patent fails

    September 03, 2015

    The USPTO’s Patent Trial and Appeal Board has refused to institute another inter partes review petition filed by Kyle Bass, this time against a Biogen patent for a method of treating multiple sclerosis

  • In-house counsel share China enforcement best practices

    September 02, 2015

    In-house counsel share tips for protecting intellectual property in China

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