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Patent Archive

  • Managing IP Global Awards 2016 - shortlists

    January 29, 2016

    Managing IP's annual Global Awards Dinner - held this year on March 10 at The Savoy in London - recognises the outstanding firms of the past year in Asia-Pacific, Europe and Latin America. Ahead of the awards announcement, we publish the shortlists for each category

  • Unitary Patent and UPC: a progress report (January 2016)

    January 28, 2016

    In our latest Unitary Patent and UPC roundup: Finland ratifies the UPC Agreement and its Protocol, UK gears up for ratification with a little legal complexity, UPC judicial posts open to all, and improvements to UPC IT system

  • Don’t fret over threats of proceedings for IP infringement

    January 28, 2016

    Correspondents in Australia, Canada, Germany, the UK and the US review the law and recent developments on threats of proceedings for IP infringement that are groundless or may interfere with business activity

  • Average of 11 Alice decisions each month in US federal courts

    January 27, 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

  • Delaware jury awards $37.5m patent damages to Greatbatch

    January 27, 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

  • Biotechnology and patentability: navigating unchartered waters in Australia and the US

    January 26, 2016

    The debate over the patentability of isolated DNA has raged around the world. Tania Obranovich compares the two Myriad decisions from the highest courts in Australia and the US and explains how the Australian decision has called into question what had long been thought of as a fundamental pillar of Australian patent law

  • How to prove it to the PTAB

    January 26, 2016

    The role of prior art has become important in many PTAB proceedings. Scott D Marty and Jonathon A Talcott discuss evidentiary challenges for petitioners and patent owners

  • UPC scenario 1: an electronics implementation patent

    January 26, 2016

    In the first of a series of articles looking at hypothetical scenarios involving the UPC, Wouter Pors considers a case involving an implementation patent in the electronics industry

  • Sliding doors at the ITC: Is direct infringement of method claims a basis for relief?

    January 26, 2016

    In recent years, the ITC and Federal Circuit slowly closed the door on the assertion of method claims at the ITC. The Suprema decision reversed the trend, but may have opened the door wide enough for direct infringement claims to again pass through, argue John Haynes and Adam D Swain

  • Utynam's Heirs

    January 26, 2016

    Utynam was in Cartagena in December for the ASIPI annual conference. Here are some of the highlights

  • Report reveals top reasons for resolution of PTAB proceedings

    January 22, 2016

    A Patent Trial and Appeal Board report from Lex Machina analyses the most common trial resolutions and the busiest administrative patent judges

  • The issues to watch in Cuozzo at the US Supreme Court

    January 21, 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

  • EPO staff demonstrate in Munich

    January 20, 2016

    The SUEPO union representing EPO examiners is staging a march in a protest against the Office's management, and its President Benoit Battistelli, after three staff were disciplined

  • Start-ups in India to get special IP treatment

    January 18, 2016

    India’s Prime Minister Narendra Modi has unveiled his government’s 19-point Action Plan to promote and support start-ups in India. Under Action Plan 4, qualifying start-ups will receive government support in obtaining IP rights

  • Federal Circuit rules same PTAB panel can institute and decide an IPR

    January 14, 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

  • USPTO appoints Rocky Mountain director, and other US people moves

    January 14, 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

  • US patent grants fall for first time since 2007

    January 13, 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

  • TXED approves another 101 motion against multiple patent suit filer

    January 07, 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

  • US patent litigation up 15% in 2015, with NPEs increasing share

    January 06, 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

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