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News and Analysis

  • Federal Circuit rejects bio patent citing Bilski

    December 22, 2008

    A patent covering diagnostic method claims was rejected by the US Court of Appeals for the Federal Circuit on Friday based on the Court’s controversial decision in In re Bilski, which changed the test for determining patent-eligible subject matter in the US

  • Plavix patent upheld by Federal Circuit

    December 22, 2008

    The US Court of Appeals for the Federal Circuit has upheld a US patent for the popular blood clot-inhibitor Plavix in another victory for branded pharmaceutical companies

  • The 50 most popular stories of 2008

    December 22, 2008

    In its annual review of the year’s news, Managing IP reveals the 50 most read stories on managingip.com from 2008 and provides a recap of the year’s awards and survey winners

  • Open source community launches peer-to-patent project

    December 15, 2008

    A new effort to make prior art for software inventions more accessible to USPTO examiners highlights a growing trend towards so-called crowdsourcing in the patent community

  • US Chamber of Commerce sets 2009 IP goals

    December 12, 2008

    The US Chamber of Commerce’s Global Intellectual Property Center (GIPC) held a press conference on Thursday outlining its goals for 2009, which include obtaining full funding for the 2008 PRO-IP Act

  • USPTO makes its case in continuations appeal

    December 08, 2008

    The US Court of Appeals for the Federal Circuit on Friday heard the USPTO’s appeal against a district court’s decision to grant a permanent injunction against the Office’s patent claims and continuing applications rules package

  • USPTO makes its case in continuations appeal (full version)

    December 08, 2008

    The US Court of Appeals for the Federal Circuit on Friday heard the USPTO’s appeal against a district court’s decision to grant a permanent injunction against the Office’s patent claims and continuing applications rules package

  • Bilski cited in BPAI rejection

    December 01, 2008

    The USPTO Board of Patent Appeals and Interferences last week rejected a business method patent based on the recent ruling by the Court of Appeals for the Federal Circuit in In re Bilski

  • FTC appeals Rambus decision to Supreme Court

    December 01, 2008

    The Federal Trade Commission has asked the Supreme Court to hear an appeal of an April ruling that found technology developer Rambus had not engaged in anticompetitive behaviour

  • Gurry urges Latin American countries to join PCT (full version)

    November 21, 2008

    WIPO director general Francis Gurry said on Tuesday that the Organisation would like to see more participation by Latin American countries in the PCT

  • Gurry urges Latin American countries to take part in PCT

    November 21, 2008

    WIPO director general Francis Gurry said on Tuesday that the Organisation would like to see more participation by Latin American countries in the PCT

  • USPTO claims success despite backlog

    November 19, 2008

    The USPTO has revealed its 2008 fiscal year findings, which it touts as evidence that the Office is “sustaining high performance in the quality and timely examination of patent and trademark applications”

  • Bilski to raise questions for different industries

    November 17, 2008

    Patent practitioners highlighted the looming questions facing various industries as a result of the US Federal Circuit decision in In re Bilski in a web seminar held last week

  • USPTO transition team appointed

    November 17, 2008

    USPTO commissioner for patents John Doll and deputy commissioner for patents Margaret (Peggy) Focarino will take over the roles of deputy director and commissioner for patents, respectively, during the transition period between presidential administrations

  • Webcasts on Bilski and Chinese litigation tomorrow

    November 10, 2008

    Managing IP is hosting two web seminars tomorrow on the US Federal Circuit decision in In re Bilski and litigation in China

  • NASA patent sold at Ocean Tomo Fall auction

    November 03, 2008

    A NASA patent portfolio was sold for $50,000 at the Ocean Tomo Fall 2008 Auction in Chicago last Thursday, marking the US federal government’s first foray into the realm of patent auctions

  • Federal Circuit clarifies test for business method patents

    October 31, 2008

    In its eagerly awaited decision in In re Bilski, the US Court of Appeals for the Federal Circuit last month reaffirmed its finding in State Street that business methods are patentable in the same way as any other process or method, but rejected the “useful, concrete, tangible” test set forth in previous opinions

  • Federal Circuit affirms patentability of business methods

    October 30, 2008

    In its eagerly awaited decision in In re Bilski, the US Court of Appeals for the Federal Circuit has reaffirmed its finding in State St that business methods are patentable in the same way as any other process or method

  • Write better patents, Federal Circuit judge tells attorneys

    October 27, 2008

    “Patentees continue to suffer needlessly from self-inflicted wounds,” Judge Richard Linn of the US Court of Appeals for the Federal Circuit told patent practitioners last week

  • Write better patents, Federal Circuit judge tells attorneys (full version)

    October 27, 2008

    “Patentees continue to suffer needlessly from self-inflicted wounds,” Judge Richard Linn of the US Court of Appeals for the Federal Circuit told patent practitioners last week

  • AIPLA speakers stress importance of stable patents

    October 24, 2008

    Panellists yesterday discussed how to navigate a “patent system in flux and under attack” at the American Intellectual Property Law Association’s annual meeting in Washington DC

  • Federal circuit curbs ITC jurisdiction

    October 20, 2008

    The US Court of Appeals for the Federal Circuit ruled on Tuesday that the International Trade Commission could not extend a limited exclusion order (LEO) barring the import of Qualcomm chips found to infringe Broadcom’s patent to downstream products

  • Federal circuit curbs ITC jurisdiction (subscribers only)

    October 20, 2008

    The US Court of Appeals for the Federal Circuit ruled on Tuesday that the International Trade Commission could not extend a limited exclusion order (LEO) barring the import of Qualcomm chips found to infringe Broadcom’s patent to downstream products

  • Final brief filed in Tafas v Dudas

    October 20, 2008

    The USPTO has filed its final brief with the US Court of Appeals for the Federal Circuit in its appeal of the consolidated suits filed by Triantafyllos Tafas and GlaxoSmithKline permanently enjoining the Office from promulgating its final rules package on claims and continuations

  • Supreme Court to hear patent case

    October 20, 2008

    The US Supreme Court has agreed to hear a patent case between pharmaceutical companies Carlsbad Technology and HIF Bio, Inc, to decide whether the Federal Circuit has jurisdiction to review an appeal of a US district court’s decision to remand a case to a state court

  • Broadcom invokes Quanta in suit against Qualcomm

    October 10, 2008

    In the latest battle between wireless communications companies Broadcom and Qualcomm, Broadcom has charged its rival with engaging in practices resulting in patent misuse, exhaustion and unenforceability

  • USPTO official recommends examiner interviews

    October 10, 2008

    USPTO Commissioner for Patents John Doll has urged patent applicants to request interviews with examiners to resolve prosecution problems

  • Verizon delivered blow in VoIP case

    October 09, 2008

    Verizon’s latest attempt to assert its patents for VoIP technology was rejected on Tuesday, when a Virginia jury found that Cox Communications’ digital telephone service did not infringe the patents at issue in the case

  • Verizon delivered blow in VoIP case (subscribers only)

    October 09, 2008

    Verizon’s latest attempt to assert its patents for VoIP technology was rejected on Tuesday, when a Virginia jury found that Cox Communications’ digital telephone service did not infringe the patents at issue in the case

  • US judge promises Amgen permanent injunction

    October 06, 2008

    A district court in Boston has ruled that human therapeutics company Amgen is entitled to a permanent injunction against rival Roche, just one week before Roche’s appeal to the US Court of Appeals for the Federal Circuit is scheduled to be heard

  • New US patent reform bill revives debate

    September 29, 2008

    Senator Jon Kyl of Arizona last week introduced new patent reform legislation that is substantially different from the hotly debated Patent Reform Act of 2008 introduced by Senator Patrick Leahy last year

  • Make better use of Federal Circuit, says Chief Judge

    September 25, 2008

    Chief Judge of the US Court of Appeals for the Federal Circuit Paul Michel presented the patent community with a “call to action” during the Intellectual Property Owners Association annual meeting in San Diego this week

  • Federal Circuit overturns design patent test

    September 22, 2008

    In a ruling today, the Court of Appeals for the Federal Circuit threw out the established test for design infringement in the US, the so-called point of novelty test

  • Action urged to reform patent system

    September 15, 2008

    Problems with patent pendency worldwide are now so serious that “we’ve moved to the end of the era when ‘oh dear’ is an adequate response,” said EPO head Alison Brimelow last week

  • Eco-Patent Commons responds to critics

    September 15, 2008

    Participants in the Eco-Patent Commons discussed the initiative and addressed criticisms about how it works at a panel session last week

  • Lawyers back limited compulsory licensing

    September 08, 2008

    Delegates at the 41st AIPPI Congress have supported a resolution on public health that provides for an experimental use exception, a broader version of the US Bolar exception and compulsory licensing “in exceptional and strictly defined circumstances”

  • Qualcomm hit with contempt ruling

    September 08, 2008

    A US judge has found Qualcomm in contempt of certain aspects of a December 2007 injunction ruling barring the telecommunications company from continued use of chips found to infringe three Broadcom patents

  • USPTO prepares for Federal Circuit

    September 01, 2008

    The Federal Circuit will hear one of its most controversial cases before the end of 2008, as the USPTO appeals a lower district court ruling that its rule changes were unlawful

  • Lords add to obviousness debate

    September 01, 2008

    The House of Lords made its most important patent ruling in recent times when it clarified the test for obviousness in the UK. How have other courts dealt with this issue?

  • Action urged to reform patent system

    September 01, 2008

    Problems with patent pendency worldwide are now so serious that “we’ve moved to the end of the era when ‘oh dear’ is an adequate response,” said EPO head Alison Brimelow yesterday at a session at the AIPPI Congress in Boston

  • E-symposium: last chance to register!

    September 01, 2008

    Topics including US patent reform, international litigation strategies, monetising IP rights and the rise of patent trolls will be discussed in Managing IP’s first e-symposium

  • Microsoft and Nikon sign patent agreement

    September 01, 2008

    Microsoft and Nikon have agreed a patent cross-licensing agreement covering consumer electronics

  • Federal Circuit deals another blow to patent trolls

    August 27, 2008

    The US Court of Appeals for the Federal Circuit has denied Jan Voda’s appeal requesting a permanent injunction against medical device company Cordis Corporation

  • Quanta and LG settle eight-year patent dispute

    August 27, 2008

    Quanta Computer is to pay royalties to LG Electronics for use of its patents on microprocessor chips and chip computer technology, after they settled their eight-year dispute this week

  • AstraZeneca wins appeal on Prilosec patents

    August 25, 2008

    The US Court of Appeals for the Federal Circuit has upheld the ruling of a District Court in favour of AstraZeneca in a patent infringement case against Apotex Corp and Impax Laboratories over its heartburn drug Prilosec

  • Chicago firm launches cleantech group

    August 15, 2008

  • Duffy named as keynote speaker for e-symposium

    August 11, 2008

    Professor John Duffy of the George Washington University Law School will be the keynote speaker at Managing IP’s first e-symposium, to be held on September 3

  • USPTO partially revokes retroactive effects of enjoined rules

    August 11, 2008

    The USPTO is to remove the retroactive effect of certain provisions of its divisive rules package relating to patent claims and continuing applications, which was permanently enjoined by a US district court in April

  • Senate passes bill to make USPTO judges legal

    August 04, 2008

    The Senate has passed a bill which would amend US patent and trade mark law to require that USPTO administrative judges be appointed by the secretary of commerce

  • USPTO deputy director to step down in August

    July 30, 2008

    The USPTO deputy director, Margaret Peterlin, is to leave her post next month in the hope of facilitating an orderly transition to the new presidential administration

  • Eisai patent survives obviousness claim post-KSR

    July 28, 2008

    The US Court of Appeals for the Federal Circuit has upheld Japanese pharmaceutical company Eisai’s patent for heartburn and acid reflux drug Aciphex, a ruling which suggests that chemical compound patents are standing up to obviousness claims post-KSR v Teleflex

  • USPTO defends rules in appeal brief

    July 28, 2008

    The USPTO has filed its opening brief with the US Court of Appeals for the Federal Circuit in its appeal of the consolidated suits filed by Triantafyllos Tafas and GlaxoSmithKline permanently enjoining the Office from promulgating its final rules package on claims and continuations

  • USPTO opens peer review pilot to business methods

    July 21, 2008

    The USPTO has expanded its peer-to-patent pilot project to include business method patents

  • Peer-to-patent increases prior art submissions

    June 23, 2008

    The USPTO’s peer-to-patent project has led to a big increase in prior art submissions but has failed to bring in fresh patent applications in its first year, according to a report

  • Pfizer-Ranbaxy deal might signal trend

    June 20, 2008

    This week’s settlement of the Lipitor patent litigation suggests that branded and generic drugs companies are more willing to compromise on IP rights, according to lawyers spoken to by Managing IP

  • Biotech industry growth to slow

    June 19, 2008

    The biotech industry is set to slow down because of funding pressures and competition from biosimilars, according to two reports launched this week

  • Biosimilar debate heats up at BIO

    June 18, 2008

    Speakers at the 2008 BIO International Convention in San Diego yesterday discussed the regulatory and scientific issues created by generic biological drugs, commonly known as biosimilars or follow-on biologics

  • AstraZeneca loses appeal on Prilosec patents

    June 16, 2008

    A Federal Court has ruled that US pharmaceutical company Mylan’s generic version of Prilosec does not infringe AstraZeneca’s patents

  • Whealan speaks out on patent rules and reform

    June 16, 2008

    Former USPTO solicitor John Whealan has defended the USPTO’s proposed rules on claims and continuations and gave the Office credit for “tak[ing] on a hard issue”

  • USPTO implements new rules on patent appeals

    June 13, 2008

    The USPTO has published controversial new rules on filing appeals before the Board of Patent Appeals and Interferences that will change the way patent practitioners craft appeals briefs

  • Supreme Court finds for Quanta in patent exhaustion case

    June 09, 2008

    The Supreme Court today issued its much-anticipated decision in Quanta Computer v LG Electronics, finding in favour of Quanta and clarifying US law on the doctrine of patent exhaustion, which the Court had not considered since 1942

  • Cornell wins $184 million jury award against HP

    June 06, 2008

    Hewlett-Packard has been ordered by a jury in the Northern District of New York to pay $184 million to Cornell University for patent infringement

  • CAFC judges consider scrapping point of novelty test

    June 04, 2008

    Judges focused on whether or not to maintain the “point of novelty” test for determining design patent infringement, according to reports from those present at Monday’s Federal Circuit hearing in the Egyptian Goddess v Swisa case

  • Federal Circuit to re-hear key design patent case

    June 02, 2008

    The US Court of Appeals for the Federal Circuit will today hold its second en banc hearing this year to reconsider a decision concerning the test for determining design patent infringement

  • When IP rights collide

    May 21, 2008

    Trademark rights may be just one piece of a larger IP puzzle when securing brand protection, said panelists at Tuesday’s session on the interplay between patent, trademark and copyright law

  • Federal Circuit seeks new patentability test in Bilski

    May 12, 2008

    Twelve Federal Circuit judges last week questioned lawyers about the definition of terms such as “tangible”, “abstract”, “concrete” and “transformative”, in the closely watched hearing in In re Bilski, which could redefine what is patentable subject matter in the US

  • UK, Germany and US top first IP Index

    May 01, 2008

    A new Global IP Index rates the UK, US and Germany as the top three major jurisdictions in the world for IP protection, while China is ranked bottom

  • AstraZeneca and Ranbaxy settle Nexium battle

    April 17, 2008

    Ranbaxy is set to gain the rights to sell a generic version of Nexium after settling its long-standing patent infringement litigation with AstraZeneca, it was announced on April 15

  • Administration emphasizes call for applicant search reports

    April 07, 2008

    US secretary of commerce Carlos Gutierrez sent a letter to Senator Patrick Leahy, sponsor of patent reform bill S1145, re-emphasizing the administration’s position on patent reform last week

  • North America Awards 2008: full list of winners

    April 07, 2008

    Awards presented at the Managing IP North America Awards Dinner at the Four Seasons, Washington DC, on April 3 2008

  • Leading ITC firms revealed

    March 17, 2008

    Six law firms have taken top-tier places in Managing IP’s inaugural ranking for advice before the International Trade Commission (ITC)

  • Controversial stem cell patent receives US boost

    March 03, 2008

    One of the three human stem cell patents owned by the Wisconsin Alumni Research Foundation (WARF) received a lifeline after it was upheld by the USPTO after an obviousness challenge on February 23

  • CAFC considers whether to revisit State Street

    February 18, 2008

    The US Court of Appeals for the Federal Circuit (CAFC) could reconsider its own landmark decision on business method patents after ordering an en banc hearing in an appeal from the USPTO

  • Bush administration speaks out on patent reform

    February 05, 2008

    The Department of Commerce released a letter yesterday voicing the Bush administration’s views on the pending Senate version of The Patent Reform Act of 2007 (S1145), which has caused a recent flurry of activity within the patent community

  • As patent reform heats up, two reports urge compromise

    February 04, 2008

    Two reports released last week stress the need for extensive amendments to the US Patent Reform Act of 2007 and urge Congress to work toward a consensus on the proposed legislation

  • Revealed: 2008 patent survey results

    February 04, 2008

    Finnegan Henderson and Fish & Richardson are the big winners in this year’s Managing IP survey of the leading patent firms in the US

  • Senate committee pushes for patent reform

    January 17, 2008

    The US Senate Committee on the Judiciary issued a report on Monday summarizing the Patent Reform Act of 2007 (S1145) and urging the Senate to pass the bill

  • Yet another blow for Qualcomm

    January 11, 2008

    A US federal magistrate judge on Monday granted in part Broadcom’s motion for sanctions relating to Qualcomm’s failure to produce crucial emails and documents in the two wireless communications companies’ long-running court battle

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