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News and Analysis

  • Is job creation behind Detroit office?

    December 22, 2010

    The USPTO cited access to major research institutions, skilled engineers and scientists, and high volume of patenting activity as the reasons for choosing Detroit as the site of its first satellite office

  • Cases of the year reveal future of IP

    December 22, 2010

    This year’s top 10 cases, selected by Managing IP, highlight the direction of IP practice around the world

  • USPTO announces first satellite office

    December 17, 2010

    The city of Detroit will host a branch of the US Patent and Trademark Office, which will open next year

  • Post-Bilski advice from Federal Circuit

    December 16, 2010

    The Federal Circuit has overturned a patent invalidity finding, citing the Bilski judgment, in an opinion authored by Chief Judge Randall Rader

  • Unilever patent management goes paperless

    December 15, 2010

    Unilever is to get rid of paper records for all its patent prosecution documents as part of the company's Sustainable Living Plan

  • USPTO chief economist to quantify IP value

    December 10, 2010

    Stuart Graham, the USPTO’s chief economist, has launched an economic research agenda to measure the effect of IP on the US economy

  • US Congress panel criticises China on IP

    November 25, 2010

    China is still failing to meet its WTO commitments, including to IP, according to a US Commission

  • Last chance for Microsoft in i4i case

    November 25, 2010

    The Supreme Court is expected to decide on Monday whether or not to hear Microsoft v i4i, a case that could change the standard for proving invalidity in certain patent infringement cases

  • Rules seek to curb BPAI backlog

    November 15, 2010

    The Hyatt v Kappos decision is particularly significant, as the number of appeals being heard by the Board of Patent Appeals and Interferences (BPAI) has increased exponentially in recent years

  • New standard for civil suits against the USPTO

    November 15, 2010

    A full panel of the Federal Circuit ruled last week that patent applicants may present new evidence in civil actions challenging decisions by the Board of Patent Appeals and Interferences

  • Supreme Court case will clarify Bayh-Dole

    November 08, 2010

    The Supreme Court agreed last week to clarify the scope of the Bayh-Dole Act with respect to ownership of federally funded inventions

  • Analysis: Stanford v Roche and Bayh-Dole

    November 08, 2010

    Managing IP provides an at-a-glance guide to the issues in Stanford v Roche

  • What are the Stanford patents?

    November 08, 2010

    Stanford v Roche, which is heading to the US Supreme Court, is a case about patent ownership rights under the Bayh-Dole Act. Managing IP examines the patents involved

  • US elections put patent reform on shaky ground

    November 05, 2010

    In the wake of the 2010 elections, the fate of patent reform may hinge more on changes to congressional staff than on the newly elected and reelected Congress members themselves

  • Analysis: Discerning the Myriad claims

    November 04, 2010

    Professor Christopher Holman dissects the claims behind the Myriad case

  • US government parts with USPTO on gene patents

    November 04, 2010

    In a surprise move, the US Department of Justice (DOJ) has broken with the USPTO's view that isolated DNA sequences should be patent-eligible

  • Supreme Court to rule on rights in federally funded inventions

    November 04, 2010

  • Trade secrets cases escalate in US

    October 27, 2010

    A recent case involving a DuPont employee illustrates the growing risks of trade secrets theft in the US

  • Don’t become infected by trade secret theft

    October 27, 2010

    It’s not only losing trade secrets that companies need to worry about. Becoming infected with stolen secrets is equally risky

  • How to avoid losing trade secrets

    October 27, 2010

    The risk of trade secrets theft from companies is growing. But there are steps you can take to keep sensitive information secure

  • USPTO allowance rates up

    October 22, 2010

    Allowance rates at the USPTO have increased to nearly 46%, compared to about 41% this time last year, Director David Kappos said yesterday.

  • USPTO launches new peer-to-patent pilot

    October 22, 2010

    A new, expanded, peer-to-patent pilot programme will be launched by the USPTO and the New York Law School’s Center for Patent Innovations on October 25

  • One-click ruling highlights international tensions

    October 20, 2010

    The difference between Canada’s commissioner of patents decision on Amazon’s one-click patent and that of the court reveals divergent views of precedents in England, Europe and the United States

  • Record quarter for US clean tech patents

    October 15, 2010

    The second quarter of 2010 saw a record 437 clean tech patents granted in the US, with Honda the biggest applicant

  • Supreme Court to rule on induced infringement

    October 13, 2010

    The US Supreme Court yesterday agreed to hear a case seeking to clarify the legal standard for assessing whether or not a party has actively induced infringement

  • The Federal Circuit’s record at the Supreme Court

    October 13, 2010

    If its recent patent rulings are any indication, the Supreme Court’s decision to grant Global-Tech’s petition for certiorari yesterday should have SEB’s lawyers on edge. The Court has agreed with the Federal Circuit’s reasoning in just one of the seven cases it has taken since 2006 – and even then, only loosely.

  • Global-Tech v SEB: the arguments in brief

    October 13, 2010

    The Supreme Court is set to hear its eighth patent case since 2006 this year. Managing IP provides a summary of the arguments in the case, according to the opinions and briefs filed so far.

  • Motorola takes on Apple in smartphones war

    October 11, 2010

    Less than a week after Microsoft accused Motorola of infringing its patent rights over mobile phone technology, the phone maker has launched its own patent infringement action against Apple

  • US government backs patent pool with first licence

    October 01, 2010

    The US government has become the first patent owner to license its rights to HIV/AIDS drugs to UNITAID in a boost to the organisation’s medicines patent pool

  • USPTO in worksharing spree

    September 30, 2010

    The USPTO has stepped up its international patent prosecution cooperation efforts in an attempt to reach its worksharing goals

  • Ravicher attacks Myriad over BRCA patents

    September 23, 2010

    Dan Ravicher of the Public Patent Foundation this week claimed his actions “help the patent system maintain credibility for society” in a debate over his pending patent dispute with Myriad Genetics

  • Michel: US 101 law is a mess

    September 21, 2010

    Retired Federal Circuit chief judge Paul Michel said on Monday that US law on patentability is a mess, and his decision in Bilski was misunderstood

  • EPO and USPTO to extend pilot PPH

    September 20, 2010

    The European Patent Office and the USPTO have agreed to extend the pilot patent prosecution highway (PPH) between the two offices for another 16 months.

  • Interview: Randall Rader on the CAFC’s history

    September 15, 2010

    Chief Judge Randall Rader of the US Court of Appeals for the Federal Circuit tells Eileen McDermott why the story of his court’s creation is important and what advice he has for other specialist IP courts

  • False marking fracas at IPO Annual Meeting

    September 15, 2010

    A morning session on false patent marking led to a heated debate at the IPO Annual Meeting in Atlanta yesterday

  • One year on, practitioners back Kappos

    September 10, 2010

    While his boss, Barack Obama, is battling record-low approval ratings for his attempts to revive the US economy, USPTO director David Kappos seems to be enjoying widespread support

  • Kappos targets backlog reduction

    September 10, 2010

    The USPTO aims to cut its patent application backlog by a further 4% to 700,000 by the end of this year, David Kappos said this week

  • US examiners given new guidance on obviousness

    September 06, 2010

    The USPTO has issued updated guidelines for examiners with respect to determining whether or not an invention is obvious

  • Federal Circuit declines to curb false marking cases

    September 01, 2010

    The Federal Circuit said yesterday that a district court erred in dismissing a false marking suit, to the dismay of the hundreds of plaintiffs who have been sued this year

  • Microsoft co-founder launches patent attack

    August 31, 2010

    Microsoft co-founder Paul Allen has sued 11 internet companies for infringing technology he claims was developed by his defunct patent research company

  • Minorities less likely to seek IP rights

    August 31, 2010

    USPTO director David Kappos told a group of minority business owners and enterprise developers last week that recent data shows minorities are less likely to use the US IP system

  • Examiners' union criticises Lemley study

    August 27, 2010

    A study claiming that USPTO examiners ignore prior art submitted by applicants has earned the wrath of the head of the patent examiners' union

  • Study says USPTO ignores applicants' prior art

    August 24, 2010

    A study suggesting that examiners may be ignoring prior art submitted by applicants has intensified the US debate about inequitable conduct laws

  • ACTA: take 10

    August 16, 2010

    The tenth round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations this week in Washington DC will be attended by all negotiating partners, according to the Office of the US Trade Representative (USTR)

  • Senators ask DOJ to expedite Monsanto

    August 13, 2010

    Four US Senators are urging the Department of Justice to "swiftly resolve" its investigation into possible antitrust issues in the US seed market

  • ABA attendees lament Bilski

    August 09, 2010

    Participants in a roundtable discussion on the Supreme Court’s In re Bilski ruling agreed that retired justice John Paul Stevens’ concurring opinion was nearly the majority opinion, until Justice Scalia changed his vote

  • Federal Circuit asked to revamp inequitable conduct standard

    August 05, 2010

    Pharmaceutical and technology companies have urged the Court of Appeals for the Federal Circuit to raise the threshold for proving inequitable conduct in patent cases

  • New Bilski guidelines issued

    July 30, 2010

    One month after the Supreme Court’s Bilski decision, the USPTO has issued a second version of its interim guidance to examiners for determining subject matter eligibility

  • NTP’s diet changes from BlackBerry to Apple

    July 09, 2010

    Patent-holding company NTP has sued Apple, Google, Microsoft, HTC, LG and Motorola in a move the company’s licensing counsel described as “putting your marker on the table”

  • Interview: David Perdue, CEO, Asentinel

    July 01, 2010

    David Perdue is the CEO of Asentinel, a telecom expense management software company. He told Eileen McDermott why the Bilski opinion is “a major step forward” for software companies

  • Bilski: what next for life sciences

    June 30, 2010

    Jeffrey Whittle, Michael Samardzija and Michael Hay analyse the Bilski decision from a life sciences perspective, and argue it is a victory for these industries

  • Business method strategies post-Bilski

    June 30, 2010

    The Supreme Court’s Bilski ruling has left the door open to business methods, but presents new challenges for those seeking to apply for or litigate such patents. Rob Masters, Tim Cremen and Brock Weber explain the risks, and provide tips to companies whose portfolios include business method patents

  • Federal Circuit to re-hear biotech cases post-Bilski

    June 30, 2010

    The Supreme Court on Monday issued orders granting certiorari, and then vacating and remanding, both Prometheus v Mayo and Classen v Biogen in light of this week’s Bilski decision

  • Round-up: industry views on Bilski

    June 30, 2010

    From biotechnology to computers, industry leaders are having their say on the Bilski decision. Here are a few statements to note

  • USPTO takes conservative approach to Bilski

    June 30, 2010

    Immediately after the Bilski decision was released at about 10:45 am on Monday, USPTO commissioner for patents Bob Stoll and his team gathered to discuss next steps

  • Analysis: Why Bilski could be a blow to business methods

    June 29, 2010

    The Supreme Court’s judgment in Bilski v Kappos will present new challenges for business method patents in both prosecution and litigation, say lawyers

  • How patentability has evolved in the US

    June 29, 2010

    Yesterday’s judgment in Bilski is the latest attempt in more than 200 years to define patent-eligible subject matter in the United States. Managing IP provides a timeline of the key laws and rulings

  • Key words in the Bilski ruling

    June 29, 2010

    The US Supreme Court’s judgment in Bilski includes three separate opinions and runs to 71 pages. How often did the justices mention key words and phrases such as patent, business method and computer program? And which cases and people were referred to the most?

  • The Bilski ruling in quotes

    June 29, 2010

    Here are some of the key sections of the three opinions issued by the US Supreme Court in the Bilski case (footnotes omitted)

  • Why the Bilski decision should embolden European patentees

    June 29, 2010

    The Supreme Court’s ruling in Bilski has emphasised the gulf between the US and European approaches to patent-eligible subject matter

  • Bilski ruling highlights uncertainty over business method patents

    June 28, 2010

    The US Supreme Court said today in Bilski v Kappos that the Federal Circuit’s machine-or-transformation test is too restrictive and not the only test for determining patent eligibility

  • Blog round-up: Bilski, YouTube, FIFA and clamps

    June 28, 2010

    Does the owner of the Bilski patent want to lose the Supreme Court case, where a decision is expected today? Bloggers speculated on that and other questions this week

  • HTC hits back at Apple in smartphone battle

    June 17, 2010

    The International Trade Commission (ITC) has agreed to investigate HTC’s patent infringement complaint against Apple in the latest battle in an all-out smartphone patent war

  • USPTO to update examiner performance standards

    June 17, 2010

    The USPTO and the union that represents patent examiners have jointly proposed changes to patent examination performance standards

  • Federal Circuit’s false marking decision could bolster plaintiffs

    June 14, 2010

    The Federal Circuit has upheld a district court’s decision that Solo Cup Company is not liable for falsely marking its products, but the Court also clarified that expired patent numbers can count as false markings

  • Bilski: what the delay means

    June 11, 2010

    Over 200 days have passed since In re Bilski was argued before the US Supreme Court, leaving the patent community to wonder what the delay might mean

  • Drugs companies share data on Alzheimer’s

    June 11, 2010

  • What is the Bilski invention?

    June 11, 2010

    As the patent community waits for the Supreme Court to reveal the fate of business method patents, Stephen Schreiner and Jacob Osborn explain what the Bilski invention is, and why it has so far been found not patentable

  • Former Kirkland partner forms new firm

    June 04, 2010

    John Desmarais has left Kirkland & Ellis after 10 years as a partner to form Desmarais LLP

  • Stroock grabs IP partner from WilmerHale

    June 04, 2010

  • White & Case high-tech roster boosted by Howrey hire

    June 04, 2010

  • Full Federal Circuit to rule on inequitable conduct

    June 01, 2010

    A full panel of the Federal Circuit has agreed to re-hear a case regarding the US doctrine of inequitable conduct, answering Chief Judge Paul Michel's plea to IP practitioners last year

  • Supreme Court declines Microsoft appeal

    May 26, 2010

    The US Supreme Court has refused to hear Microsoft’s appeal of the Federal Circuit’s ruling that it infringed Lucent’s patents

  • Why mediation works

    May 24, 2010

    Judges may be able to order one party to pay compensation or impose an injunction on another, but when it comes to creative dispute resolution, mediation wins hands down, says Sandra Sellers of Technology Mediation Services LLC, an experienced mediator and a trainer at a training session held at the Annual Meeting over three days this week

  • Fee-setting bill could delay patent reform

    May 20, 2010

    US House of Representatives Judiciary Committee chairman John Conyers and ranking member Lamar Smith have introduced a bill to transfer fee-setting authority from Congress to the USPTO director

  • USPTO denies Microsoft’s request to cancel i4i patent

    May 17, 2010

    The UPSTO has upheld i4i’s patent relating to Extensible Mark Up Language (XML) technology, which Microsoft was found to have infringed last year

  • Patent Bar predictions on Bilski

    May 10, 2010

    At the AIPLA Spring Meeting in New York last week, a panel including Chief Judge Paul Michel of the Federal Circuit, in-house counsel and patent attorneys predicted what the Supreme Court might decide in Bilski

  • Nokia war with Apple wages on

    May 10, 2010

    Nokia on Friday filed a complaint in the US District Court for the Western District of Wisconsin claiming that Apple’s iPhone and iPad infringe five of Nokia’s patents

  • Patent leaders weigh in on gene patents at BIO

    May 06, 2010

    The Myriad gene patent case was the highlight of the IP law sessions held at the 2010 BIO International Convention in Chicago this week

  • USTR highlights China in Special 301 report

    May 03, 2010

    The USTR is “seriously concerned” about China’s implementation of indigenous innovation policies, Ambassador Ron Kirk said on Friday

  • Gene patent ruling rocks biotech community

    May 01, 2010

    A US district court has invalidated seven patents on human genes, in part based on the Federal Circuit's ruling in In re Bilski

  • Gutierrez hails Microsoft’s “proactive” approach to HTC

    April 30, 2010

    Almost two months after Apple announced its lawsuits against High Tech Corp (HTC) for infringement of 20 patents, Microsoft has struck a licensing agreement with the Taiwanese company

  • Full Federal Circuit to rule on inequitable conduct

    April 28, 2010

    A full panel of the Federal Circuit has agreed to re-hear a case regarding the US doctrine of inequitable conduct, answering Chief Judge Paul Michel’s plea to IP practitioners last year

  • Supreme Court to rule on copyright exhaustion

    April 23, 2010

    The US Supreme Court this week agreed to rule on a copyright case that asks how the so-called first sale doctrine should be applied internationally

  • GSK patent head to start new IP company

    April 16, 2010

    Sherry Knowles, senior vice president of global patents at GlaxoSmithKline, is leaving the company in June to start her own IP consulting company.

  • Blog round-up: ACTA, Fordham, Lindt bunnies and iPad copies

    April 12, 2010

    This week, we review blogs and tweets on the ACTA negotiations in New Zealand and the Fordham IP Conference in New York, as well as developments in Austria, China and India

  • What the IP tsar does

    April 12, 2010

    US IP tsar Victoria Espinel said she is “taking very seriously” some 2,000 submissions received by her office on IP enforcement

  • Kappos touts US grace period as gold standard

    April 11, 2010

    USPTO director David Kappos said Thursday that the US is the “gold standard of patent systems” and that other countries should adopt a grace period for making an invention public in the interest of harmonisation

  • Kappos says bad PCT searches are “our own fault”

    April 02, 2010

    Addressing criticism about the Office’s policy of outsourcing Patent Cooperation Treaty (PCT) searches, USPTO director David Kappos told Managing IP that “it’s our own fault” the searches are not up to par

  • Debate over false marking reforms

    April 01, 2010

    As part of the Senate's compromise on patent reform proposed last month, a new provision on false patent marking would put an end to the recent proliferation of such cases

  • Report points to £7.6 billion cost of patent backlogs

    April 01, 2010

    How IP offices are tackling pendency

  • Gene patent ruling rocks biotech community

    March 31, 2010

    A US district court has invalidated seven patents on human genes in part based on the Federal Circuit’s ruling in In re Bilski

  • ICAP Ocean Tomo auction generates $14.3 million

    March 29, 2010

    The ICAP Ocean Tomo patent auction held Thursday in San Francisco sold 46 lots for a total of $14.3 million, the event’s second highest sales ever

  • A new troll in town: false marking mania

    March 18, 2010

    In the latest of more than 100 false patent marking lawsuits filed so far this year, People Protecting Patents on Tuesday accused Clorox, Glad Products and Glad Manufacturing of falsely marking certain products as patented

  • Analysis: False marking and patent reform

    March 18, 2010

    As part of the Senate’s compromise on patent reform proposed earlier this month, a new provision on false patent marking would put an end to the recent proliferation of such cases. Managing IP’s Americas editor reports

  • Patent team joins Fish from defunct Darby & Darby

    March 17, 2010

    S Peter Ludwig and Robert C Sullivan have joined Fish & Richardson’s New York office from the recently dissolved law firm Darby & Darby

  • Comment: Should marking requirement apply to method claims?

    March 16, 2010

    Brian L Klock of Fitzpatrick, Cella, Harper & Scinto asks: post-Quanta, should the marking requirement of 35 USC § 287 be applied to method claims?

  • Obama nominates IP-savvy judge to Federal Circuit

    March 15, 2010

    President Obama has nominated Kathleen O’Malley, a district court judge from Ohio, to fill the vacancy on the US Court of Appeals for the Federal Circuit

  • PCT is the answer to USPTO backlog – Stoll

    March 12, 2010

    USPTO commissioner for patents, Robert Stoll, told representatives of patent offices and IP associations from around the world yesterday that “the Patent Cooperation Treaty is the way” to reduce the backlog

  • Federal Circuit invalidates Ajinomoto lysine patents

    March 11, 2010

    A group of five Chinese agrichemical companies did not infringe Ajinomoto’s patents for lysine biofeed because the company failed to meet the best mode requirement, the Court of Appeals for the Federal Circuit has ruled

  • Analysis: How the USPTO is tackling the backlog

    March 10, 2010

    There are 735,961 patent applications awaiting first action by an examiner at the USPTO. Managing IP’s Americas editor looks at what director David Kappos is doing to reduce that number

  • Senate revives US patent reform

    March 08, 2010

    The US Senate Judiciary Committee has revealed details of an agreement that may move patent reform forward this year

  • Apple sues HTC over 20 US patents

    March 05, 2010

    Apple has sued Taiwanese company High Tech Computer Corp (HTC), the maker of Google’s Nexus One phone, in both the International Trade Commission (ITC) and the US District Court of Delaware, claiming infringement of a total of 20 patents

  • Blog roundup: ACTA action, number one brand and Bollywood battle

    February 22, 2010

    This week, IP blogs contemplate proposals in a newly-leaked chapter of ACTA; assess a UK court’s approach to damages; reveal the surprising global brand leader, according to one survey; provide tips for outsourcing work to China and recap copyright conflicts in Bollywood

  • Kappos count system takes effect

    February 22, 2010

    The USPTO’s new examiner count system – part of an effort to reduce the patent backlog – was implemented last week

  • Vote now in Managing IP's Bilski ballot

    February 09, 2010

    While patent practitioners wait for the Supreme Court ruling in Bilski v Kappos - which could come as early as next week - you can choose sides in the business method battle right now

  • Obama budget calls for increase in patent fees

    February 03, 2010

    US President Barack Obama asked Congress on Monday to approve a fiscal year 2011 budget of $2.322 billion for the USPTO, including a 15% increase in patent fees

  • USPTO backs down on Wyeth v Kappos

    February 01, 2010

    The USPTO has published interim guidelines for patentees to request patent term adjustment in light of the recent Wyeth v Kappos decision

  • Microsoft joins patent troll fightback

    January 29, 2010

    RPX, which buys patents on behalf of companies who fear the IP rights may be used against them by so-called patent trolls, has won three high-profile clients to its Defensive Patent Aggregation service

  • USPTO asks Congress for fiscal help

    January 07, 2010

    The USPTO has sent a letter imploring Congress to take quick action on the Agency’s dire financial situation

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