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News and Analysis

  • Apple fires back at Nokia over patents

    December 15, 2009

    Apple has countersued Nokia in a Delaware court, claiming that the company is infringing 13 of Apple’s patents

  • USPTO pilot will expedite green patents

    December 09, 2009

    The USPTO is to begin a one-year pilot programme to speed up the examination of patents for eco-friendly inventions

  • Chief judge to speak out upon leaving Federal Circuit

    November 23, 2009

    US Court of Appeals for the Federal Circuit Chief Judge Paul Michel has said he will retire from the court at the end of May 2010

  • Supreme Court asks tough questions in Bilski oral arguments

    November 10, 2009

    The US Supreme Court yesterday grappled with the question of what constitutes patent-eligible subject matter in one of the most high-profile patent cases in the nation’s history

  • Bilski - report from the Supreme Court

    November 09, 2009

    Justices Sotomayor and Breyer dominated the questioning during the Supreme Court’s hearing of Bilski v Kappos this afternoon

  • Dow and Fuji Xerox join Eco-Patent Commons

    October 21, 2009

    Dow Chemical and Fuji Xerox have become the latest companies to pledge environmentally beneficial patents to the Eco-Patent Commons

  • Patent buyers report flight to quality

    October 21, 2009

    Do you have a patent portfolio to sell? If so, better make sure it is high-quality, robust and relevant. That was the message from speakers at this week’s LES US & Canada Annual Meeting

  • Blog round-up: Transparency, openness and solving climate change

    October 19, 2009

    This week bloggers consider David Kappos’ attempts to make the USPTO more open, secret negotiations over ACTA, European trade mark decisions and talks over climate change and technology transfer

  • Beware the Skeptisaurus, says Judge Rader

    October 18, 2009

    Recounting a talk he gave in Brazil in which an audience member claimed that the patent system no longer works, Judge Randall Rader of the Court of Appeals for the Federal Circuit yesterday dubbed such patent creatures “Skeptisauri,” whose understanding of IP is “outdated"

  • Chief Judge Michel calls for inequitable conduct review

    October 18, 2009

    Chief Judge Paul Michel of the Court of Appeals for the Federal Circuit appealed to patent practitioners to help the Court clarify the doctrine of inequitable conduct in a speech on Thursday

  • Kappos plans win warm welcome

    October 18, 2009

    USPTO Director David Kappos was met with vigorous applause during his address to AIPLA members on Thursday after mentioning his recent announcement that he will rescind the Bush administration’s claims and continuations rules package

  • FTC and Senate back reverse payment ban

    October 18, 2009

    Representatives of the Federal Trade Commission and the Department of Justice on Thursday questioned the concept of settlement agreements between generic and brand drug companies, claiming that they eliminate the ability to evaluate the patent validity of a potentially important drug

  • Kappos scraps rules package

    October 08, 2009

    USPTO director David Kappos will rescind the hotly debated claims and continuations rules package imposed by his predecessor, Jon Dudas

  • Kappos stresses need to adjust fees to keep USPTO afloat

    October 06, 2009

    USPTO director David Kappos and Department of Commerce general counsel Cameron Kerry discussed the administration’s position on patent reform in a last-minute call with members of the press earlier today

  • PCT applications eligible for highways

    September 28, 2009

    Patent attorneys have welcomed plans to allow PCT applications to be fast-tracked under bilateral patent prosecution highways between the world’s three biggest IP offices

  • Kappos promises patent community a new USPTO

    September 16, 2009

    New USPTO director David Kappos distinguished himself from past leaders during his first public address by pledging to share “the good, the bad and the ugly” about the agency

  • Federal Circuit overturns damages in Microsoft case

    September 14, 2009

    The US court of Appeals for the Federal Circuit has affirmed a district court’s finding that Microsoft infringed Lucent’s patents, but struck down the $511 million damages award

  • Industry responds to Obama’s health care talk

    September 14, 2009

    The biotechnology and pharmaceutical industries have urged President Barack Obama not to neglect the role of innovation in his bid to ensure access to affordable and high-quality health care

  • Blog report: Gutierrez, Bayliss, Google and handbags

    September 07, 2009

    This week IP bloggers have assessed ambitious calls for patent reform, analysed the usefulness of Google’s design patent and questioned a WIPO domain name decision

  • CAFC stays injunction in Microsoft v i4i

    September 07, 2009

    The US Court of Appeals for the Federal Circuit has granted Microsoft a stay of injunctive relief in its patent infringement suit with i4i

  • Doll to step down from USPTO

    September 03, 2009

    The USPTO’s commissioner for patents and former acting director of the agency, John Doll, will retire on October 2

  • Blog report: Fraud in Africa, trade mark disputes and UNIX Y2K

    August 31, 2009

    Bloggers this week look at alleged fraud over company names in South Africa, various trade mark disputes in the US, licensing trends in Germany and the future of securitisation

  • USPTO seeks comment on Bilski guidelines

    August 31, 2009

    The USPTO last week issued interim examination instructions on how to evaluate subject matter eligibility under present US patent law

  • Federal Circuit delivers blow to method patents

    August 24, 2009

    The Federal Circuit last week ruled that Section 271(f) of the US Patent Act does not apply to method claims, reversing its previous holding on the issue

  • Tafas v Kappos back on track

    August 24, 2009

    The Court of Appeals for the Federal Circuit on Friday lifted a temporary stay on en banc proceedings in the USPTO’s controversial claims and continuations rules case

  • Blog report: Kappos, ITC, TTAB and Patry’s return

    August 10, 2009

    In this week’s IP blog round up, we look at decisions involving Sharp and Samsung at the ITC, Pepsi and Coca-Cola in New York, and some interesting debates about copyright

  • Last-minute confirmation sends Kappos to USPTO

    August 10, 2009

    David Kappos was confirmed on Friday by the full Senate as the new director of the USPTO

  • Kappos nomination sent to Senate floor

    August 06, 2009

    The Senate Judiciary Committee has ordered the nomination of David Kappos as USPTO director to be reported to the full Senate

  • Blog report: Kappos, music and Harry Potter

    August 03, 2009

    While David Kappos’s appearance before the Senate Judiciary Committee inspired some bloggers this week, others examined music copyright rows and Harry Potter trade mark applications

  • Parties move to delay Tafas v Dudas arguments

    August 03, 2009

    The parties in the case over the USPTO’s controversial claims and continuations rules have asked the Federal Circuit to postpone the arguments pending confirmation of the new director

  • Senate committee questions Kappos

    July 30, 2009

    David Kappos yesterday faced cross-examination by the US Senate Judiciary Committee on his plans for the USPTO if confirmed as director

  • Kappos one step closer to USPTO

    July 23, 2009

    The Senate Judiciary Committee has scheduled a hearing to consider the nomination of David Kappos as the new USPTO director for July 29 at 10am

  • Blow to biosimilars in amended US health care act

    July 16, 2009

    A US Senate committee adopted an amendment to health care legislation on Monday night that will give 12 years of data exclusivity to innovative biologics

  • House approves USPTO funding bill

    July 13, 2009

    The US House of Representatives has approved a bill that will allow the USPTO director to use funds designated for its trade mark portfolio to address the patent backlog

  • GSK and Tafas take USPTO back to court

    July 08, 2009

    The US Court of Appeals for the Federal Circuit will re-hear en banc the case against the USPTO’s claims and continuations rules package

  • Blog report: Michael Jackson, his music and the patent

    June 29, 2009

    While pop fans worldwide mourned performer Michael Jackson this week, bloggers reflected on some of the IP issues raised by his death

  • Why the patent community welcomes Kappos as USPTO head

    June 22, 2009

    Practitioners from across the patent community have cheered US President Barack Obama’s choice for USPTO director, David Kappos of IBM, who was nominated on Thursday

  • Ocean Tomo sells patent deal business for $10 million

    June 16, 2009

    Ocean Tomo has sold its transactions division, which includes the Intellectual Property Live Auction venue, a private sale brokerage unit, the Patent Bid/Ask Platform and the so-called Deans List

  • Patent auctions at risk in a down economy

    June 11, 2009

    Non-practising entities and patent aggregators will be winners, while live auctions and online IP exchanges will be losers from the economic downturn

  • Federal Circuit curbs Texan rocket docket (full version)

    June 01, 2009

    The US Court of Appeals for the Federal Circuit last week invoked its recent controversial decision ordering a patent case to be transferred out of the Eastern District of Texas by backing an application brought by Genentech and Biogen for a similar motion

  • US Supreme Court to rule on business method patents

    June 01, 2009

    The US Supreme Court has agreed to hear an appeal filed by inventors Bernard Bilski and Rand Warsaw requesting it to reverse the Federal Circuit’s decision in In re Bilski, which changed the test for determining patentable subject matter in the US

  • US Supreme Court to rule on business method patents (full version)

    June 01, 2009

    The US Supreme Court has agreed to hear an appeal filed by inventors Bernard Bilski and Rand Warsaw requesting it to reverse the Federal Circuit’s decision in In re Bilski, which changed the test for determining patentable subject matter in the US

  • IP owners rally to protect green patents

    May 22, 2009

    A group of patent owning companies have formed an alliance to promote and protect IP rights in so-called green technologies and the pharmaceutical industry

  • US Supreme Court clarifies Federal Circuit jurisdiction

    May 07, 2009

    The US Supreme Court ruled 9-0 on Tuesday that the Court of Appeals for the Federal Circuit has jurisdiction to review a case remanded by a district court to state court

  • Howrey partner lost to breast cancer

    May 06, 2009

    Cecilia Gonzalez, vice chair of law firm Howrey and co-chair of its IP practice, has died of breast cancer at the age of 53

  • House hears testimony on US patent reform

    May 05, 2009

    US business leaders have urged the House of Representatives to amend its version of the Patent Reform Act to guarantee that the USPTO keeps all its revenue and to follow the Senate’s lead on damages calculation

  • House hears testimony on US patent reform (full version)

    May 05, 2009

    US business leaders have urged the House of Representatives to amend its version of the Patent Reform Act to guarantee that the USPTO keeps all its revenue and to follow the Senate’s lead on damages calculation

  • Qualcomm and Broadcom in $891 million settlement

    April 29, 2009

    Qualcomm and Broadcom announced on Sunday that they have settled all pending patent litigation over technology used in the microprocessors that power mobile phones

  • Cambridge set for Fordham Conference

    April 13, 2009

    IP judges, academics, regulators and practitioners are set to gather in Cambridge this week for the first Fordham IP Conference to be held outside of the US

  • Kubin ruling extends KSR logic to biotech

    April 09, 2009

    The US Court of Appeals for the Federal Circuit last week ruled in a closely watched biotechnology case that an invention relating to the isolation and sequencing of a human gene was “obvious to try”

  • Compromise puts US patent reform back on track

    April 06, 2009

    The Senate Judiciary Committee on Thursday approved an amended version of the US Patent Reform Act (S515) that is said to include significant compromises on provisions that have kept the bill deadlocked thus far

  • Compromise puts US patent reform back on track (full version)

    April 06, 2009

    The Senate Judiciary Committee on Thursday approved an amended version of the US Patent Reform Act (S515) that is said to include significant compromises on provisions that have kept the bill deadlocked thus far

  • TomTom backs down from Microsoft litigation

    April 06, 2009

    TomTom last week agreed to settle with Microsoft on both patent infringement suits pending between the two companies

  • Kirkland, Fish and Fross triumph in North America awards

    March 30, 2009

    Kirkland & Ellis, Fish & Richardson and Fross Zelnick each won two national awards at Managing IP’s second annual North America Awards ceremony in Washington DC last week

  • Managing IP North America Awards 2009 - Winners

    March 30, 2009

  • Gary Locke confirmed as US commerce secretary

    March 27, 2009

    The US Senate has confirmed former Washington state governor Gary Locke as the new US secretary of commerce

  • Congress considers biosimilars

    March 23, 2009

    The US House of Representatives is considering a bill that would establish a framework for allowing generic biologics to enter the US market

  • Patent community stunned by CAFC ruling

    March 23, 2009

    In a decision said to be “creating a shockwave through the patent community”, the US Court of Appeals for the Federal Circuit has reversed a lower court’s finding that the USPTO does not have the authority to promulgate its final rules package on patent claims and continuations

  • Patent community stunned by CAFC ruling (full version)

    March 23, 2009

    In a decision said to be “creating a shockwave through the patent community”, the US Court of Appeals for the Federal Circuit has reversed a lower court’s finding that the USPTO does not have the authority to promulgate its final rules package on patent claims and continuations

  • TomTom strikes back at Microsoft

    March 23, 2009

    In response to Microsoft’s claims that TomTom is infringing several of its patents related to GPS technology, TomTom has filed a countersuit against Microsoft in the Eastern District of Texas

  • Microsoft sues TomTom over Linux-based products

    March 16, 2009

    In its first lawsuit to challenge Linux-based software, Microsoft has filed complaints against global positioning system (GPS) maker, TomTom, alleging infringement of eight of its patents related to GPS technology

  • US loses edge in patent dominance

    March 16, 2009

    Non-US companies captured the majority of new US patents for the first time in 2008, according to data compiled by IFI Patent Intelligence

  • US patent reform revived

    March 05, 2009

    The US Senate and House Judiciary Committees on Tuesday introduced bipartisan, bicameral legislation in the 111th Congress seeking fundamental changes to the US patent system

  • US patent reform revived (subscriber version)

    March 05, 2009

    The US Senate and House Judiciary Committees on Tuesday have introduced bipartisan, bicameral legislation in the 111th Congress seeking fundamental changes to the US patent system

  • Amici weigh in on Microsoft’s damages appeal

    February 23, 2009

    Thirteen companies representing 18 industries have filed an amicus brief in the closely watched Federal Circuit case between Lucent and Microsoft, making the proper way to calculate damages in patent infringement cases once again a hot topic

  • USPTO considers deferred examination

    February 16, 2009

    The USPTO hosted a roundtable discussion with leaders in the patent community on Thursday to discuss introducing a deferred examination system in the US

  • USPTO considers deferred examination (full version)

    February 16, 2009

    The USPTO hosted a roundtable discussion with leaders in the patent community on Thursday to discuss introducing a deferred examination system in the US

  • Microsoft issued 10,000th patent

    February 11, 2009

    Microsoft has been issued its 10,000th US patent, a milestone the company said highlights its goal of obtaining enough patents to maximise the value of its massive R&D efforts, while still focussing on patent quality over quantity

  • FTC continues campaign against reverse payments

    February 09, 2009

    In its latest bid to curb reverse payments between innovator pharmaceutical companies and generics, the US Federal Trade Commission has filed a complaint against Solvay Pharmaceuticals and three generic drug makers

  • FTC continues campaign against reverse payments (full version)

    February 09, 2009

    In its latest bid to curb reverse payments between innovator pharmaceutical companies and generics, the US Federal Trade Commission has filed a complaint against Solvay Pharmaceuticals and three generic drug makers

  • Locke Lord moves into Morgan & Finnegan offices

    February 09, 2009

    While the firm has still made no official statement on its status, signs have emerged that IP boutique Morgan & Finnegan is close to folding

  • Brother gains access to Microsoft's patent portfolio

    February 07, 2009

    Microsoft and Brother Industries have signed a cross-licensing agreement that will allow each company to access parts of the other’s patent portfolio

  • Bilski applicants petition Supreme Court

    January 30, 2009

    Inventors Bernard Bilski and Rand Warsaw have petitioned the US Supreme Court to reverse the Federal Circuit’s opinion in In re Bilski, which changed the test for determining patent-eligible subject matter in the US

  • Bilski applicants petition Supreme Court (full version)

    January 30, 2009

    Inventors Bernard Bilski and Rand Warsaw have petitioned the US Supreme Court to reverse the Federal Circuit’s opinion in In re Bilski, which changed the test for determining patent-eligible subject matter in the US

  • Obama memo could delay continuations rules

    January 26, 2009

    A White House memo from chief of staff Rahm Emanuel has placed a moratorium on all “new or pending” federal regulations and is likely to delay implementation of the USPTO’s various rules packages, including the Office’s controversial claims and continuations package

  • IP practitioners set seven goals for Obama

    January 19, 2009

    The Section of Intellectual Property Law of the American Bar Association has submitted a report to the Obama transition team outlining seven key recommendations for 2009

  • IBM breaks patent record in US

    January 14, 2009

    IBM has become the first company to be issued more than 4,000 US patents in one year, surpassing the total number of patents earned by Microsoft, Hewlett-Packard, Oracle, Apple, EMC, Accenture and Google combined

  • Eastern District of Texas under threat after Federal Circuit ruling

    January 09, 2009

    The US Court of Appeals for the Federal Circuit last week granted a petition for writ of mandamus ordering a patent case to be transferred out of the Eastern District of Texas, possibly signalling the end of that district as the most popular patent venue in the country

  • Eastern District of Texas under threat after Federal Circuit ruling (full version)

    January 09, 2009

    The US Court of Appeals for the Federal Circuit last week granted a petition for writ of mandamus ordering a patent case to be transferred out of the Eastern District of Texas, possibly signalling the end of that district as the most popular patent venue in the country

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