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Patent Archive


  • Unitary Patent and UPC: A progress report (October 2016)

    October 31, 2016

    UK Prime Minister Theresa May rules out influence of the CJEU and authority of EU law in a post-Brexit Britain; Labour party MPs demand answers from government regarding UK participation in the UPC and EPO; recruitment of UPC judges postponed; five more EU member states including Italy and Slovenia expected to ratify the UPC Agreement early next year

  • New AIPLA president outlines three goals for the year

    October 31, 2016

    The new AIPLA President, Mark Whitaker of Morrison & Foerster, outlines his hopes for the next year

  • China's evolving specialist courts

    October 31, 2016

    Guanyang Yao and Ran Wang of Liu Shen & Associates discuss the characteristics, judges and increasing caseload of China's three IP specialist courts

  • The SEP licensing conundrum

    October 31, 2016

    Negotiations over patent licensing are tricky. One bad sign is if parties start discussing standard-essential patents in detail

  • The state of the IP union

    October 31, 2016

    Alice was the dominant topic in the AIPLA session "Addressing the Hot Topics of Today for Tomorrow's Business"

  • Women in IP Law give tips for taking the lead

    October 31, 2016

    A panel during the Women in IP Law breakfast at the AIPLA annual meeting discussed best practices for retaining women

  • Debating the Defend Trade Secrets Act

    October 31, 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"

  • How to impress PTAB judges

    October 31, 2016

    Patent Trial and Appeal Board judges gave tips on how to get the best results from AIA trial hearings

  • The USPTO's Michelle Lee looks back

    October 31, 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

  • Recent patent changes in China (sponsored article)

    October 28, 2016

    Howard Hao and Chenyan Wu of Chang Tsi & Partners explain developments in filings before SIPO, amendments to the Patent Law, and recent cases

  • Interview: AIPLA President Denise DeFranco

    October 28, 2016

    Looking back on a whirlwind year: Denise DeFranco reflects on her term as AIPLA President, which included the passage of the Defend Trade Secrets Act and ramping up of the Association's publications

  • What in-house look for in outside counsel

    October 28, 2016

    In Thursday afternoon's corporate track panel session, in-house counsel from Microsoft, The Clearing House Payments Co and Google revealed what they are looking for in an outside counsel match

  • Avoid the "Meep Meep effect" in demand letters

    October 28, 2016

    Daniel Bond of Kirkland & Ellis, in a session on demand letters yesterday, gave some advice on "avoiding the Meep Meep effect." This turned out to be a reference to Wile E. Coyote's attempts to catch The Road Runner.

  • Digital transmissions and the ITC

    October 28, 2016

    David Foster of Foster Murphy Altman & Nickel gave an overview yesterday of how the Federal Circuit's Suprema and ClearCorrect decisions last year have affected the International Trade Commission (ITC)

  • The PTAB comes of age

    October 28, 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

  • Interview: Judge Hacon and Kate O’Rourke on IP Pro Bono

    October 28, 2016

    IP Enterprise Court Judge Richard Hacon and ITMA President Kate O’Rourke spoke with Managing IP about the IP Pro Bono service which was launched last week in London

  • How pharmaceutical patents are treated in India (sponsored article)

    October 27, 2016

    Sharad Vadehra and Kshitij Saxena of Kan and Krishme discuss how India's patent office interprets pharmaceutical patents, recent court decisions and how applicants can improve their chances in prosecution

  • When enough is enough in patent prosecution

    October 27, 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

  • Your Brexit briefing

    October 27, 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

  • Making a better patent

    October 27, 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

  • AIPLA's continuous balancing act

    October 27, 2016

    We interview Lisa Jorgenson, AIPLA's executive director, ahead of the association's annual meeting, which starts today

  • Kyle Bass gets first IPR win

    October 27, 2016

    The Patent Trial and Appeal Board has invalidated the claims of a patent covering Shire’s Gattex drug

  • Pure Storage agrees $30m patent litigation settlement with Dell

    October 21, 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

  • Interview: Time Inc assistant general counsel, Jennifer Chung

    October 19, 2016

    Jennifer Chung speaks to Managing IP about her experiences in modern IP enforcement and obstacles faced by international brand owners today.

  • Where to get free advice concerning IP disputes in the UK

    October 18, 2016

    A pro bono service for contentious IP matters is now available in the UK. At the launch event in London Judge Richard Hacon and inventor Mandy Haberman shared their respective personal experiences in support of the service

  • Eight finalists shortlisted for DesignEuropa awards

    October 18, 2016

    Designs for a coffee machine, bicycle rack, motorbike and bench are among those shortlisted for the first DesignEuropa awards. The winners will be announced in Milan on November 30

  • Samsung v Apple analysis: design patents put to the test at Supreme Court

    October 17, 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

  • Little impact from PTAB testimonial evidence so far

    October 14, 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

  • Appeal dismissed in pregabalin patent case

    October 13, 2016

    The England & Wales Court of Appeal has upheld Mr Justice Arnold's finding that key claims of Warner-Lambert's patent for Lyrica are invalid for insufficiency. The judgment also reiginites the debate over the scope of second medical use patents

  • Q3 US patent litigation data and analysis

    October 13, 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

  • Samsung v Apple SCOTUS arguments: Tests proposed for "article of manufacture"

    October 12, 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

  • En banc Federal Circuit reinstates $120m verdict in Apple v Samsung

    October 10, 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

  • Key takeaways from the IP Enforcement Forum 2016

    October 10, 2016

    Managing IP's first IP Enforcement Forum took place in London on October 5. Topics discussed included designs, EU trade mark reform, online counterfeits, trade secrets, trade dress, social media and the Digital Single Market

  • PTAB finds Shire patent valid in first Kyle Bass final decision

    October 07, 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

  • FTC report identifies two types of PAEs, makes recommendations

    October 06, 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”

  • Data: PTAB filing stabilises in third quarter

    October 05, 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

  • Kappos: McRO is CAFC’s “most important 101 case since Alice”

    October 05, 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

  • Secrets of success for university patent licensing and enforcement

    October 04, 2016

    Read an overview and watch a replay of the “University Patent Licensing and Enforcement” webcast

  • CAFC Judge Mayer: “Alice sounded the death knell for software patents”

    October 03, 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.”

  • VirnetX awarded $302m in damages against Apple

    October 03, 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

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