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News and Analysis

  • How to patent a Christmas tree

    December 22, 2011

    You knew it was coming. The festive story on Christmas patents. Although the overlap with drag racing and oil exploration is perhaps a little more surprising

  • Ten patent trends for 2012

    December 21, 2011

    From the launch of new courts to controversial cases, blockbuster drugs to smartphone wars, what does 2012 have in store for patent professionals?

  • IP filings surge ahead of economic growth

    December 20, 2011

    Patent and trade mark filings rose 7.2% and 11.8% respectively in 2010, far ahead of global GDP growth at 5.1%, according to WIPO’s annual statistics report

  • China moves from quantity to quality patents

    December 20, 2011

    While brand owners have made only limited progress in combating counterfeiting in China in the 10 years since it joined the WTO, the improvement for patent owners – both domestic and foreign – has been remarkable

  • HTC wins 3-1 in battle against Apple at the ITC

    December 20, 2011

    HTC is likely to have to adapt its smartphones for sale in the US, after the US International Trade Commission found that it infringed two claims of a patent owned by rival Apple

  • The Managing IP quiz of 2011

    December 15, 2011

    Win a free place at a Managing IP meeting of your choice in 2012 by answering our 20 questions on developments in the past year

  • Interview: Gerard Pannekoek, CEO of the first IP exchange

    December 15, 2011

    The world’s first IP exchange, based in Chicago, is set to launch next year. Eileen McDermott asked its CEO Gerard Pannekoek how it will work

  • Will the Supreme Court rule on gene patents?

    December 12, 2011

    The Association for Molecular Pathology has asked the US Supreme Court to consider whether isolated DNA sequences are patentable under US law

  • Reaction: what the Supreme Court’s questions mean for Prometheus

    December 12, 2011

    The questions asked by the Supreme Court last week in Mayo v Prometheus have led to speculation that the justices might disagree with the Federal Circuit’s application of last year’s ruling in Bilski v Kappos to this case

  • Analysis: the Prometheus hypotheticals

    December 08, 2011

    During the oral argument in Mayo v Prometheus on Wednesday, the justices asked a series of hypothetical questions in an attempt to illustrate the complexities of each side’s proposed view of the proper test for patent eligibility

  • Breyer pushes for clearer 101 test for diagnostic methods

    December 08, 2011

    Supreme Court justice Stephen Breyer, author of the well-known dissent in LabCorp v Metabolite expressing scepticism over the patent eligibility of diagnostic method claims, pressed the parties in Mayo v Prometheus today to better explain how the Court should determine when a law of nature has been sufficiently applied to make it patentable

  • No injunction for Apple - but Samsung’s not safe yet

    December 07, 2011

    A judge in California has denied Apple’s request for a preliminary injunction, delivering another blow to the company in its global smartphone battle with rival Samsung

  • Timeline: Caraco v Novo Nordisk

    December 05, 2011

    Below, Managing IP provides a timeline of the battle between generic drug manufacturer Caraco Pharmaceutical Laboratories and Prandin manufacturer Novo Nordisk, which was argued at the Supreme Court today

  • Case report: Supreme Court hears generics battle against brands

    December 05, 2011

    The US Supreme Court today considered arguments in a debate that promises to provide guidance on what role regulatory agencies can be expected to play in patent decisions, and how patent attorneys should interact with such agencies

  • Pfizer’s arrival at patent cliff elicits concern from Congress

    December 01, 2011

    Pfizer yesterday became the latest major pharmaceutical manufacturer to see a leading drug patent expire with the introduction of generic versions of Lipitor - and now the company’s strategy for coping with the revenue loss has raised eyebrows in Congress

  • China plans new office to enforce IP rights

    November 29, 2011

    China’s decision to make its recent campaign against counterfeiting permanent and set up a new structure to oversee IP enforcement has received a cautious welcome from US officials

  • Analysis: Medeva ruling disappoints in the details

    November 24, 2011

    Medeva and Georgetown could suffer from this morning’s ruling from the Court of Justice of the EU (CJ), despite being likely to win their cases

  • How US patent reform could benefit Chinese companies

    November 24, 2011

    While the benefits of patent reform for US businesses are still being debated, the benefits for Chinese patent owners looking to expand in the world’s largest economy are clear

  • Federal Circuit reconsiders joint infringement standard

    November 24, 2011

    An en banc Federal Circuit posed some hard-hitting questions last week about whether the standard for determining direct, indirect and joint infringement should be changed

  • Free access: Patents to be thankful for

    November 23, 2011

    During this season of thankfulness in the US, Managing IP thought it was time to remind its readers of some patents of yesteryear, without which life might be a much more thankless experience

  • Event report: Communicate to keep your clients

    November 18, 2011

    Finding the right mix of quality, cost-effectiveness and communication skills in outside counsel in the US is not easy, said in-house panellists last week, but they gave some good advice on where to look

  • Free access: How to win work from Chinese in-house counsel

    November 17, 2011

    A Managing IP survey of over 100 in-house lawyers and businessmen has revealed some interesting tips on how foreign law firms can win work out of China

  • Are you ready for 3D printing?

    November 16, 2011

    IP owners need to rethink the way that they exploit and enforce their IP rights if they want to meet the challenges of a technology that could revolutionise manufacturing

  • False marking ban challenged

    November 15, 2011

    The Public Patent Foundation is fighting the retroactive effect of the America Invents Act provision banning third parties with no competitive interest from bringing false patent marking suits

  • Mayo: Supreme Court case is about how far patents can go

    November 11, 2011

    Mayo Clinic is not asking the US Supreme Court for an “exotic” application of Section 101, and the personalised medicine industry will be fine without patents like that owned by Prometheus, the company’s counsel told Managing IP on Thursday

  • Arguments take shape in Mayo v Prometheus

    November 11, 2011

    With just one month to go before they present their arguments to the judges of the highest US court, the parties in Mayo v Prometheus have filed their briefs and interested parties are also making their views known

  • Trilateral offices set six-month target for first office action

    November 09, 2011

    The EU, Japanese and US patent offices are aiming to issue first office actions within six months, the head of the EPO said at the meeting of the Trilateral offices

  • French company prepares to battle US NPE

    November 08, 2011

    A French company hit by a demand for a patent licence from a Texas-based non-practising entity has adopted an unusual litigation strategy

  • Interview: Dickel Sooriah, co-founder GroupCamp

    November 07, 2011

    At the end of September French software developer GroupCamp received a letter from Texas-based non-practising entity Lodsys accusing it of infringing its patents and inviting it to negotiate a licence. Now its founders have launched a website asking companies in the same situation to pool their knowledge and share prior art to defeat Lodsys’s patents. Managing IP spoke to Dickel Sooriah about GroupCamp’s unusual tactics

  • Conference report: The IP counsel/ investor divide

    November 07, 2011

    “Despite the fact that we may have the utmost confidence in your patent estate, just settle.” That was how one investor advised IP counsel in the pharmaceutical and biotech industries

  • Conference report: US and Japanese push for harmonisation

    November 07, 2011

    David Makman saw signs of a desire for greater harmonisation at the US-Japan joint judicial conference that took place in Tokyo at the end of October

  • Analysis: AMSC’s trade secrets challenge in China

    November 07, 2011

    US energy technology company AMSC is making progress in its trade secrets battle with a former Chinese client, but will find it difficult to prove infringement in a jurisdiction without discovery

  • Stoll faces reality about USPTO funding

    November 04, 2011

    “Honestly, the answer is no.” That was USPTO commissioner for patents Bob Stoll’s frank assessment yesterday about whether the Office will be able to retain all of its fees

  • Palestine membership would not affect WIPO

    November 02, 2011

    Despite speculation, figures show that if the US withdraws funding from WIPO in response to Palestine membership it will have little impact

  • Federal Circuit dissents highlight claim construction chaos

    November 01, 2011

    Two Federal Circuit judges who dissented yesterday from a majority decision to deny review in a case about claim construction have revealed the seriousness of the problem with interpreting claims in US courts

  • The scariest Halloween patents

    October 31, 2011

    Free access: A method for rapid fish beheading, a gun for firing grasshoppers and a mechanism for extracting blood? It has to be Halloween

  • Microsoft: patent troll or smart business?

    October 31, 2011

    Microsoft’s 10th licensing agreement with Compal means it has patent deals with more than half of Android vendors. Does this mean it is becoming a patent troll?

  • Interview: T John Ward reflects on the Texas rocket-docket

    October 31, 2011

    In an exclusive interview with Eileen McDermott, Judge T John Ward talks about transition, trials and patent trolls

  • USPTO weighs grants for foreign patent filings

    October 27, 2011

    US small businesses could receive federal grants and loans to assist them in registering and enforcing patents abroad, government officials said at a USPTO public forum Thursday

  • The IP year in review

    October 27, 2011

    From award-winning patent decisions to the Betty Boop trademark conundrum, it has been an interesting year for IP lawyers in the United States

  • Prosecutors battle litigators in patent game

    October 27, 2011

    Patent prosecutors were pitted against patent litigators in a battle of wits, legal acuity and – since survey respondents determined the winning answer – luck, in a session titled “Patent Wars” at the AIPLA Annual Meeting

  • Avoid foreign filing pitfalls

    October 27, 2011

    It’s said that travel broadens the mind. But if US patents are traveling overseas, then it’s the patent attorney’s brain that’s going to be taxed

  • Leahy tells AIPLA: There’s still work to be done

    October 27, 2011

    Senator Patrick Leahy of Vermont last week expressed his gratitude to a crowd of AIPLA Annual Meeting attendees for their help in getting the America Invents Act through Congress (free access)

  • USPTO examines prior user rights

    October 25, 2011

    The USPTO began its transition to a first-to-file system Tuesday by holding its first patent reform public hearing on how prior user rights can be incorporated into the US patent system

  • Why the media matters in IP disputes

    October 24, 2011

    Earlier this month a self-styled David versus Goliath IP battle reached an amicable conclusion when Procter & Gamble agreed to drop its claim that a start-up company making Willa-branded beauty products infringed its trade mark for Wella

  • Review: Chief Judge Rader rocks, rolls and wriggles

    October 24, 2011

    It’s a familiar feeling for all conference goers. After two days of long hours, serious meetings and frivolous chat you know you should go to bed, but the dessert reception promises one final opportunity for networking. You’ll just pop in for a quick drink.

  • Designs take centre stage

    October 21, 2011

    Are design rights finally being taken seriously as part of the IP arsenal? Managing IP analyzes recent developments

  • Kappos: We’re depending on you

    October 21, 2011

    If you’re feeling worried about how the America Invents Act will be implemented, “by all means get active in a committee, so you have a path to provide input on these rules,” said AIPLA Immediate Past President, Alan Kasper, yesterday

  • US judge: Apple iPad design may be invalid

    October 20, 2011

    A California judge has indicated that Apple’s design patent for the iPad may be found invalid due to a 1994 tablet prototype

  • Court of Justice clarifies design law in Europe

    October 20, 2011

    The Court has defined the “informed user” of a Community design and how designs should be compared, in the first case since designs were introduced

  • IV suit could threaten software patents in US

    October 12, 2011

    Intellectual Ventures’ suit against Motorola Mobility could lead to a well-funded battle against software patents in the US

  • ARMS case shows perks of trade secrets over patents

    October 11, 2011

    A recent dispute between two arms manufacturers shows how a company can succeed on a trade secret claim when the patent claim fails

  • Kappos: 2011 funding is “adequate” – for now

    September 30, 2011

    The day before the USPTO entered into a new fiscal year without an increase in funding, director David Kappos insisted the agency had sufficient means to continue implementing the America Invents Act

  • Federal Circuit invokes Therasense in Cordis ruling

    September 30, 2011

    The Federal Circuit has found that Boston Scientific did not infringe Johnson & Johnson’s heart stent patents, but also found the patents enforceable under the standard established by the Therasense ruling for findings of inequitable conduct

  • Microsoft and Samsung strike patent deal

    September 28, 2011

    Microsoft has struck a cross-licensing deal with Samsung, marking its eighth agreement among Android device makers

  • Nortel, Motorola deals increase strain on in-house counsel

    September 28, 2011

    After the $4.5 billion bid for Nortel’s patent portfolio and Google’s subsequent purchase of Motorola Mobility, company executives have increased pressure on in-house counsel to monetise their IP

  • Fast track launched amid possible government shutdown

    September 23, 2011

    The USPTO will launch the first part of its new three-track patent application system on Monday, as mandated by the America Invents Act

  • Google battles Congress, Oracle

    September 22, 2011

    Google’s troubles extended beyond the courtroom this week, as the Senate grilled the company in an antitrust hearing on its business practices

  • Samsung and Apple litigation latest

    September 22, 2011

    Samsung and Apple have deepened their long-running in litigation over smartphone technology in Australia and Germany

  • False marking cases flounder

    September 20, 2011

    In the light of changes to the false marking statute following patent reform, many lawyers expect that the vast majority of pending suits will be dismissed

  • DuPont win shows importance of trade secrets strategy

    September 20, 2011

    A Virginia jury’s $920 million verdict against Kolon Industries for misappropriating DuPont’s trade secrets demonstrates the importance of having the right protection procedures in place

  • Obama seals patent reform deal; USPTO prepares

    September 16, 2011

    As US president Barack Obama signed the America Invents Act into law this morning, the USPTO has already begun hiring in preparation for the many changes imposed by the bill

  • Pooley: US changes could revive harmonisation

    September 15, 2011

    The US move to a first-to-file system “could breathe new life into efforts to harmonise patent law”, said WIPO deputy director general for patents James Pooley on Tuesday

  • Federal Circuit keeps Myriad standing question open

    September 15, 2011

    The Court of Appeals for the Federal Circuit yesterday denied the plaintiffs’ request for rehearing in their case against the USPTO and Myriad Genetics, but kept the diagnostic company’s petition for rehearing over standing

  • Lawyers on life post-reform: “All your instincts are wrong”

    September 13, 2011

    “You are at serious risk of committing malpractice” following passage of the America Invents Act, one speaker joked with fellow patent practitioners yesterday

  • Analysis: how the bill was passed

    September 09, 2011

    Patent reform legislation is on its way to the White House after the US Senate overwhelmingly approved the latest bill and rejected three amendments

  • Senate passes “momentous” patent reform

    September 09, 2011

    Patent stakeholders have hailed the Senate passage of the America Invents Act, despite the bill having been watered down over the past six years

  • Google behind latest HTC suit against Apple

    September 08, 2011

    HTC’s latest patent action against rival Apple is based on nine patents bought from Google at the end of last month

  • Interview: David Abrams on the downside of first-to file

    September 07, 2011

    As patent stakeholders brace for an overhaul of the US patent system touted by supporters as a jobs creation vehicle, a report published last week by two law professors suggests that the America Invents Act may discourage small inventors from obtaining patent protection

  • Fee diversion delays final patent reform vote

    September 07, 2011

    Less than 24 hours after the Senate voted to move toward final passage on patent reform legislation, a floor vote on the bill may not happen until next week due to one senator’s determination to end fee diversion

  • Patent reform in view of finish line

    September 06, 2011

    Comprehensive patent reform legislation could finally be sent to the White House this week, following a 93-5 Senate vote Tuesday to close debate and advance to a final vote now scheduled for Wednesday

  • US Chamber to Congress: curb rogue sites

    September 06, 2011

    In addition to passing patent reform, the US Chamber of Commerce is urging Congress to crack down on rogue websites and strengthen IP protection through free trade agreements

  • Federal Circuit clears Classen claims post-Bilski

    August 31, 2011

    The US Federal Circuit has weighed in on yet another patent eligibility case following the Supreme Court’s In re Bilski ruling, finding two of the three claims in Classen v Biogen to be patentable subject matter

  • Myriad ruling muddied by ACLU petition

    August 30, 2011

    A petition for rehearing by the Federal Circuit filed last week by the plaintiffs in the Myriad case reveals how the court’s analysis could further complicate the landscape for gene patents

  • Federal Circuit raises on-sale bar standard

    August 26, 2011

    In August Technology v Camtek, the Federal Circuit this week said that the so-called on-sale bar to patentability in the US applies even if an invention is not ready for patenting at the time of an offer for sale

  • Cybersource ruling delivers blow to Beauregard claims

    August 17, 2011

    The Federal Circuit has applied the Bilski ruling to so-called beauregard claims in a ruling that could strike out many software patents

  • Four answers to the DNA patent problem

    August 17, 2011

    There is a “profound tension” between exploiting biomarker patents and routine infringement of IP in laboratories, according to a report published this month

  • Google fortifies patent portfolio with Motorola deal

    August 17, 2011

    If its failure to secure Nortel’s patent portfolio last month was a blow to the company, Google has rebounded in dramatic fashion

  • FDA adopts European approach to biosimilars

    August 17, 2011

    The Food and Drug Administration has shed some light on its approach to assessing biosimilars in a recent article published in the New England Journal of Medicine

  • Mattel to appeal $300 million Bratz award

    August 12, 2011

    Mattel has vowed to appeal a California court’s order to pay nearly $310 million in its seven-year dispute over the Bratz franchise

  • Tablet case reveals power of European designs

    August 12, 2011

    If anyone still doubted the value of having a registered Community design, Apple’s successful application for an injunction against Samsung should disabuse them

  • With patent reform imminent, most concede fee diversion

    August 11, 2011

    Patent reform legislation is expected to clear Congress mere days after the US Labor Day holiday, starting with a vote September 6 on a motion to close debate

  • Myriad ruling is a signal to the Supreme Court

    August 11, 2011

    The Federal Circuit’s recent decision in the Myriad gene patent case could be a signal to the Supreme Court to take up the case, said one speaker during a webcast held yesterday

  • Biosimilars highlighted in controversial trade talks

    August 10, 2011

    The co-sponsor of the Hatch-Waxman Act has said he opposes any inclusion of US policy on exclusivity for biosimilars in Free Trade Agreement negotiations with Asia-Pacific countries

  • Uniloc patent claims upheld by USPTO

    August 10, 2011

    Uniloc’s patent claims have been upheld in a USPTO ex parte reexamination of the patent at the center of its closely-watched litigation with Microsoft

  • CAFC ruling may provide roadmap for NTP defendants

    August 10, 2011

    The Federal Circuit has ordered the USPTO to reconsider seven patents owned by patent licensing company NTP, but upheld the rejection of a separate NTP patent in a decision that may provide legal guidance to tech companies facing infringement suits from NTP

  • Intellectual Ventures accused of “mafia-style” tactics

    August 05, 2011

    The term patent troll has become part of everyday language, after Intellectual Ventures was profiled in a recent popular US radio show

  • Expedited hearing in Teva’s UK attack on Lipitor

    August 03, 2011

    Generic drug company Teva has a date in court to defend its bold attempt to undermine blockbuster drug Lipitor in the UK

  • Patent reform prioritised following debt deal

    August 03, 2011

    With a national debt crisis narrowly averted, the US Congress has put patent reform legislation front and centre for its return in September

  • Lawyers react to Myriad decision

    August 01, 2011

    Friday’s much anticipated decision in Association for Molecular Pathology v the USPTO and Myriad Genetics came as a relief to those who feared an outcome that would undo “essential building blocks” of the biotech industry, said patent lawyers

  • Myriad plaintiffs remain hopeful despite court setback

    August 01, 2011

    Despite the Federal Circuit finding that isolated DNA sequences are patent eligible, plaintiffs’ counsel Dan Ravicher has dubbed the Myriad case “a good decision for us”

  • Myriad mostly vindicated – for now

    July 29, 2011

    The Federal Circuit ruled today in Association for Molecular Pathology v the USPTO and Myriad Genetics that isolated DNA sequences are patent eligible, setting the stage for a Supreme Court battle over gene patents

  • USPTO aligns with Federal Circuit on inequitable conduct

    July 27, 2011

    The USPTO has proposed amending its Rule 56 governing applicants’ duty to disclose information to the USPTO in order to comply with the recent Therasense ruling

  • Law professor puts new spin on false marking debate

    July 25, 2011

    A law professor has said that retroactively eliminating qui tam provisions for false marking suits would result in more litigation against the US government for just compensation

  • Interview: Timothy Trainer, Global Intellectual Property Strategy Center

    July 25, 2011

    Timothy Trainer, founder of the Global Intellectual Property Strategy Center, spoke with Managing IP about why we need to change the IP conversation, how to help global Customs authorities enforce IP rights and what went wrong at the Uruguay Round

  • Interview: SIPO’s Tian Lipu on China’s patent deluge

    July 25, 2011

    While David Kappos of the USPTO is struggling to get more money to cope with its backlog, SIPO is preparing to recruit 5,000 more examiners by 2015

  • Death knell sounded by ITC for Crocs imitators

    July 20, 2011

    The International Trade Commission (ITC) has issued a rare general exclusion order based on design patent rights against three businesses found to have infringed Crocs Inc’s signature foam footwear

  • ITC initially finds for Apple in HTC suit

    July 18, 2011

    Apple scored a major victory against HTC in the smartphone wars on Friday, when an ITC judge issued an initial determination that two of its 10 patents are infringed

  • Judge questions Google in Java patent suit

    July 15, 2011

    The patent showdown between Oracle and Google over seven Java-related patents has been heating up this week, with a California judge yesterday expressing scepticism over Google’s behaviour

  • House committee promises fee increase for USPTO

    July 15, 2011

    The House Appropriations Committee in the US has promised to give the USPTO full access to its estimated fee collections in FY 2012

  • Interview: Google counsel defends record

    July 14, 2011

    In an exclusive interview with Managing IP, Google counsel Fred von Lohmann claims he is a protector of innovation and free speech online

  • Top 50 highlights activists, campaigners, bloggers

    July 14, 2011

    Managing IP’s annual list of the 50 people shaping the future of intellectual property picks out some surprising and provocative individuals

  • Kappos: without access to fees “we will fail”

    July 14, 2011

    In a live interview with Managing IP on patent reform, USPTO director David Kappos said that without access to all of the fees the Office collects “we will fail – I have no doubt”

  • Intellectual Ventures gets tough on chipmakers

    July 13, 2011

    Patent holding company Intellectual Ventures is suing 12 companies, including Wal-Mart, Best Buy, Hynix Semiconductor, Dell and Hewlett-Packard, for infringing five of its patents

  • Apple files second ITC complaint against HTC

    July 13, 2011

    Apple has filed a new claim in the International Trade Commission (ITC) against HTC, asserting five patents involving scrolling functionality and touch-screen displays

  • Nortel sale shows top execs value IP

    July 07, 2011

    While the $4.5 billion Nortel patent sale is a loss for Google, legal commentators said it showed just how much fear the search-engine giant has instilled in its competitors

  • Ask Kappos your patent reform questions!

    July 07, 2011

    What impact will the first-to-file system have on the Office?

  • Conyers PTE amendment could prolong patent reform

    July 07, 2011

    Along with fee diversion language, a provision in HR-1249 regarding patent term extension is threatening to delay passage of a final patent reform bill

  • Nortel auction under scrutiny in Canada

    July 06, 2011

    The Canadian press is reporting that Industry Minister Christian Paradis may initiate a review of Nortel’s recent auction of 6,000 patents to a consortium of buyers for $4.5 billion

  • Trilateral heads plan patent harmonisation

    July 05, 2011

    The heads of the US, European and Japanese patent offices are meeting today and tomorrow to draw up a definitive list of patent issues they want harmonised

  • Google blocked in bid for Nortel patents

    July 01, 2011

    Nortel’s sale of 6,000 patents for $4.5 billion to a group of buyers including Apple, RIM, Microsoft, Sony and Ericsson has put Google last place in the patent race

  • Supreme Court patent spree is “here to stay”

    June 30, 2011

    The Supreme Court on Monday granted certiorari in two more patent cases, and some of the most well-known High Court lawyers say they are not surprised

  • Stakeholders brace for first biosimilar application

    June 30, 2011

    Innovator companies and potential biosimilar applicants have expressed reservations about the new US scheme for biosimilar approval, which became law in March last year

  • Bilski one year on: still waiting for clarity

    June 28, 2011

    One year after the Bilski decision, claims geared to manipulating and processing data are at risk, according to panellists at a conference last week

  • Stakeholder perspectives on patent reform

    June 23, 2011

    US patent reform is for the first time ever on its way to becoming law. Below, Managing IP compiles views from various stakeholders on patent reform – both before and after its historic passage by the House of Representatives today.

  • House approves patent reform bill

    June 23, 2011

    The US House Thursday passed a patent reform bill six years in the making, joining the Senate in passing legislation shifting the US to a first-to-file system

  • Patent reform splits down party lines

    June 23, 2011

    The US House of Representatives today approved an amendment that includes compromise language on patent fee diversion, but some former supporters of the legislation now oppose its final passage

  • Fifteen amendments approved by House on patent reform

    June 22, 2011

    Fifteen amendments were approved last night for consideration during a House floor vote on patent reform today, with the most focus on patent fee diversion and the shift to first-to-file

  • Why Chinese companies should trust the ITC

    June 22, 2011

    As the largest group to be targeted by ITC Section 337 investigations, Chinese companies should trust rather than doubt the way the system works, according to speakers at Managing IP’s China International IP Forum in Beijing

  • Round two for Mayo v Prometheus at Supreme Court

    June 21, 2011

    The Supreme Court has agreed for a second time to hear Mayo v Prometheus, a case that tests the application of the Bilski ruling to diagnostic methods

  • Stakeholders livid over removal of fee diversion language

    June 21, 2011

    Industry stakeholders across the IP landscape have spent the last week urging Congress not to strike fee diversion language from the House patent reform bill

  • Patent reform in jeopardy after section 22 gutted

    June 21, 2011

    The one patent-reform provision almost universally supported by stakeholders – allowing the USPTO to keep all of its user fees - is not likely to be in the bill if it comes up for a House floor vote later this week, sources told Managing IP

  • Nokia’s smartphone struggles underscored by Apple licence

    June 15, 2011

    Apple has agreed to make a one-time payment and continuing royalty payments to Nokia in a licence agreement that settles all outstanding patent litigation between the two companies

  • Supreme Court vacates pharma ruling

    June 14, 2011

    The Supreme Court yesterday simultaneously granted cert and vacated the Federal Circuit’s decision in Eisai v Teva Pharmaceuticals USA, remanding it back to the appeals court to dismiss the case as moot

  • Patent reform bill faces House obstacles

    June 14, 2011

    The House patent reform bill was stalled today on its way to a House floor vote, but its sponsor is rallying industry support to move it forward

  • Patent specialist courts announced

    June 14, 2011

    Fourteen district courts have been selected to participate in a pilot programme meant to enhance expertise in patent litigation

  • Industry groups rally to end to fee diversion

    June 13, 2011

    150 companies across a range of industries have signed a letter sent to House of Representatives leaders supporting a patent reform provision that would end the practice of fee diversion

  • Interview: Loudon Owen, i4i chairman

    June 10, 2011

    Eileen McDermott spoke with i4i chairman Loudon Owen about the company's victory over Microsoft yesterday in the Supreme Court

  • i4i ruling could prompt jury instructions

    June 10, 2011

    While the Supreme Court’s ruling in Microsoft v i4i has maintained the status quo, the Court’s guidance on providing jury instructions in patent invalidity cases may provide a glimmer of hope to accused infringers

  • i4i prevails over Microsoft in Supreme Court

    June 09, 2011

    The Supreme Court today affirmed the Court of Appeals for the Federal Circuit’s decision in Microsoft v i4i, upholding the clear and convincing standard of proof in asserting patent invalidity

  • Stanford v Roche likely to spur tighter contracts

    June 07, 2011

    The Supreme Court decision in Stanford v Roche will have little effect overall, but may result in more stringent monitoring of employees and tighter contract drafting at universities, commentators told Managing IP

  • Life sciences projects win licensing awards

    June 06, 2011

    Teams of graduate students from Lund University in Sweden and Washington University-St Louis in the USA have won this year’s LES Foundation International Business Plan Competition

  • Supreme Court: patent law trumps Bayh-Dole

    June 06, 2011

    The Supreme Court has affirmed the Federal Circuit’s decision in Stanford v Roche, finding that the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors

  • IBM prominent in peer-to-patent pilot

    June 01, 2011

    The first 20 patent applications in the UK IPO’s peer-to-patent pilot have been posted online

  • US Supreme Court changes induced infringement standard

    June 01, 2011

    In an uncharacteristic ruling, the Supreme Court has said that so-called wilful blindness is the proper standard for determining induced patent infringement

  • Global-Tech: wilful blindness standard explained

    June 01, 2011

    The US Supreme Court’s ruling in Global Tech v SEB has allowed plaintiffs more flexibility in proving inducement in infringement suits, said lawyers

  • Administration weighs in on House patent reform

    May 31, 2011

    A letter released today by US commerce secretary Gary Locke fell short of endorsing the House version of patent reform (HR-1249) completely

  • Judge: Europe “in a tangle” over software

    May 27, 2011

    US and EU judges diverged over approaches to patentability of software and business methods during a discussion between judges and IP practitioners this week

  • Go-ahead for specialised US patent judges

    May 26, 2011

    Six US district courts are set to start a 10-year experiment with specialised patent judges in July

  • Split CAFC changes inequitable conduct standard

    May 25, 2011

    In a six-judge majority opinion, the Federal Circuit today decided Therasense v Becton-Dickson, which has changed the standard for proving inequitable conduct in patent litigation

  • IPO requests broad ruling in false marking suit

    May 25, 2011

    The Intellectual Property Owner’s Association (IPO) is asking the US Court of Appeals for the Federal Circuit to consider all outstanding false marking cases en banc

  • First-to-file challenged by conservatives

    May 24, 2011

    The chairman of the House Judiciary Committee has countered a challenge within his own party as to the constitutionality of the first-to-file provision of patent reform

  • Rader on “the era of the judge”

    May 24, 2011

    Judges need to tear down national barriers to make international commerce easier, Federal Circuit Chief Judge Randall Rader said today

  • June vote on patent reform likely

    May 23, 2011

    With a House of Representatives floor vote on patent reform looming, lobbyists are working with Judiciary Committee and leadership staff to make last-minute modifications to the latest bill

  • JPO thanks IP community

    May 17, 2011

    Although the epicenter of the earthquake that struck Japan on March 11 was more than 500 km from Tokyo, it was so powerful that the headquarters of the Japan Patent Office (JPO) were heavily shaken

  • IP owners want cost-effective enforcement – report

    May 14, 2011

    Businesses are increasingly looking for value for money in IP enforcement, according to the third edition of Taylor Wessing's Global IP Index

  • CAFC refuses to dismiss Tivo ruling

    May 12, 2011

    The Federal Circuit has denied the parties’ motion to dismiss the appeal in Tivo v EchoStar, which was decided en banc last month

  • Investing in the future of IP

    May 12, 2011

    Microsoft’s recent $8.5 billion purchase of Skype is just one example of how sound IP strategies can position companies to delve into new territory, said panellists at a conference yesterday

  • IPO spells success for RPX

    May 12, 2011

    Defensive patent aggregator RPX Corporation has gone public, signalling success for a controversial new IP business model

  • Uniloc will lead to less litigation

    May 06, 2011

    Panellists at the Licensing Executives Society spring meeting in New York yesterday discussed life after the Federal Circuit’s Uniloc decision, which rejected the 25% rule for calculating patent damages

  • Espinel sets out US enforcement priorities

    May 03, 2011

    US IP Tsar Victoria Espinel signalled a more aggressive approach to overseas enforcement in a speech at the Fordham IP Conference in New York on Friday

  • Why Taiwanese companies should be more aggressive in the US

    April 29, 2011

    In Taiwan, there is a saying that you have not entered the room if you have not been sued

  • Why Tivo ruling will promote competition

    April 22, 2011

    The US Court of Appeals for the Federal Circuit’s en banc decision in Tivo v Echostar has clarified the scope of the colourable differences test in contempt proceedings

  • House bill gets mixed reviews from industry

    April 19, 2011

    Industry groups and practitioners expressed mixed feelings about the House Judiciary Committee’s passage of HR-1249 last week

  • Alito sceptical of i4i arguments

    April 19, 2011

    Although no clear winner emerged in today’s Supreme Court review of Microsoft v i4i, Justice Samuel Alito’s blunt questioning of i4i’s counsel revealed his scepticism of the Canadian company’s analysis

  • At-a-glance: HR-1249

    April 14, 2011

    HR-1249 as amended includes several changes from the version introduced two weeks ago

  • US patent reform moves forward with “historic” vote

    April 14, 2011

    US patent reform moved one step closer to completion today when the House Judiciary Committee passed HR-1249, the America Invents Act, by a vote of 32-3

  • Bayh-Dole comes to the Philippines

    April 14, 2011

    A Philippine university has granted the first licence under the country’s Bayh-Dole inspired Technology Transfer Act

  • USPTO challenges Hyatt v Kappos

    April 13, 2011

    The USPTO has filed a petition for certiorari to the Supreme Court contesting the Federal Circuit’s ruling in Hyatt v Kappos

  • Interview: Microsoft’s Andy Culbert on i4i and evidence standards

    April 13, 2011

    Managing IP spoke with Microsoft’s associate general counsel, Andy Culbert, about the company’s imminent Supreme Court hearing in Microsoft v i4i

  • Microsoft files reply to Supreme Court

    April 11, 2011

    Just 10 days before oral arguments are scheduled in its Supreme Court battle with i4i, Microsoft has filed a formidable reply brief

  • IP agencies plan for government shutdown

    April 08, 2011

    The USPTO and federal courts have announced contingency plans in the event of a government shutdown, but the International Trade Commission will close its doors

  • Q&A: Baroness Wilcox, UK IP minister

    April 08, 2011

    This week, the UK IPO and USPTO marked the progress made since they launched a patent worksharing project a year ago

  • Pooley: IP helps ideas through the “valley of death”

    April 06, 2011

    WIPO deputy director general Jim Pooley gave an impassioned address defending the value of IP at today's International Patent Forum

  • Federal Circuit dissects Myriad arguments

    April 05, 2011

    The judges’ questioning in Association for Molecular Pathology v the USPTO and Myriad Genetics yesterday seemed to lean slightly in favour of Myriad, according to those attending the oral argument

  • Google bids for Nortel patents absent reform

    April 05, 2011

    Google’s $900 million bid for Nortel’s patents in lieu of “real patent reform” may be enough to ensure the portfolio ends up in the search engine’s hands, say patent lawyers

  • IP counsel reveal how to handle trolls

    April 05, 2011

    In-house counsel from Audi, UBS and Unilever explained why so-called patent trolls are a nuisance and gave tips for handling the unsavoury entities

  • Kappos urges patent offices to find common ground

    April 05, 2011

    USPTO Director David Kappos today called for a renewed focus on international harmonisation of patent systems

  • First covenant not to sue sold at patent auction

    April 01, 2011

    A covenant not to sue for a portfolio of 4,200 patents was sold for $35 million ($38.5 million with buyer’s premium) at the ICAP Ocean Tomo patent auction, which was held Thursday in New York

  • Sony, LGE focus global patent war on US

    March 31, 2011

    Sony’s recent victory in lifting a ban on imports of Playstations in the Netherlands is just one part of a global patent battle between the Japanese company and its Korean rival LG Electronics

  • House patent reform on slow track

    March 31, 2011

    The US House of Representatives Wednesday introduced a 134-page patent reform bill, but concerns expressed in a subsequent hearing suggest the process will not move quickly

  • Griswold and Beresford honoured at North America awards

    March 30, 2011

    USPTO director David Kappos gave prizes to retired commissioner for trademarks Lynne Beresford and former chief IP counsel of 3M Gary Griswold at Managing IP’s North America awards ceremony in Washington DC last night

  • Lawyers down under slam US proposal for IP treaty

    March 25, 2011

    Lawyers in Australia and New Zealand have strongly criticised a leaked US draft of the IP chapter of a multilateral free-trade agreement called the Trans-Pacific Partnership

  • Case report: CAFC considers analogous art

    March 24, 2011

    In Innovention Toys v MGA Entertainment, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of literal infringement, and vacated and remanded its grant of summary judgment of non-obviousness

  • Amici split in Supreme Court battle over patent invalidity

    March 24, 2011

    Friends of the court have filed 48 briefs with the US Supreme Court in i4i v Microsoft, which is set to be argued on April 18

  • Business methods shot down by DC court

    March 23, 2011

    The US District Court for the District of Columbia has found a business method invention patent ineligible, after applying last year’s Bilski v Kappos decision

  • Lourie: don't allow "helicopter judges"

    March 22, 2011

    Judge Alan D Lourie yesterday spoke out against recent attempts to repeal the so-called Baldwin rule, a requirement that CAFC judges live within 50 miles of Washington, DC

  • Skechers sues Sears over Shape-ups

    March 18, 2011

    Skechers has sued Sears in the Central District of California, alleging Sears copied its popular line of shoes designed to tone the wearer’s muscles

  • Case report: CAFC upholds narrow test for prosecution laches

    March 16, 2011

    The Federal Circuit’s split decision to deny an en banc rehearing of its ruling that prosecution laches requires prejudice or intervening rights could end up in Supreme Court, say lawyers

  • Federal Circuit sinks false marking suits

    March 16, 2011

    In a rare move yesterday, the Federal Circuit partially granted a writ of mandamus that could put an end to most false marking suits

  • Howrey moves on

    March 14, 2011

    Howrey voted last week to dissolve, resulting in the defection of its IP partners to firms around the globe. Below is a summary of some of the most notable IP hires from Howrey so far.

  • Kappos welcomes Senate vote

    March 11, 2011

    USPTO Director David Kappos described this week’s Senate approval of patent reform legislation as “brilliant news” in an interview with Managing IP

  • An evening with Richard Stallman

    March 11, 2011

    Software freedom activist Richard Stallman came to London this week to offer his unique perspective on ACTA, Apple and cloud computing

  • Senate passes patent reform; all eyes on House

    March 10, 2011

    Patent owners are waiting to see how the US House of Representatives will respond to the Senate’s decision to pass the America Invents Act of 2011 last night

  • Federal Trade Commission gets tough on trolls

    March 10, 2011

    A report produced by the US Federal Trade Commission on balancing IP and competition has identified serious problems with patent quality

  • Tuna vendor fined $1.8 million in false marking case

    March 07, 2011

    A California tuna company recently was fined $1.8 million for mismarking its products – the largest fine to date in a false marking case

  • US patent filers favour China over Japan

    March 03, 2011

    China’s popularity rose among US patent owners in 2010, while Japan’s fell, according to an annual report released by foreign filing service inovia

  • False marking statute challenged at Federal Circuit

    March 03, 2011

    Think tank Cato Institute is supporting Wham-O in challenging the constitutionality of the false marking statute at the Federal Circuit

  • First-to-file could thwart latest patent reform push

    March 03, 2011

    The US Senate yesterday debated the latest patent reform bill amid continuing controversy over its first-to-file provisions

  • Federal Circuit denies Saint-Gobain reduced damages

    March 02, 2011

    The Federal Circuit last week affirmed a district court decision in favour of Siemens Medical Solutions, and said that a jury had erred in reducing the amount of damages owed the company

  • Court report: Justices shun “immense shift” in Stanford v Roche

    March 01, 2011

    The most vocal Supreme Court justices in the Stanford v Roche oral argument yesterday seemed troubled by the prospect of finding in favour of Stanford

  • Federal Circuit gets tough on written description

    March 01, 2011

    The Federal Circuit has found Centocor’s patent relating to an anti-arthritis drug invalid for lack of written description

  • Court report: Global-Tech argument frustrates justices

    February 24, 2011

    Global-Tech’s petition to the US Supreme Court is unlikely to succeed, judging from the questions asked at today's hearing

  • Global-Tech v SEB: Key facts

    February 24, 2011

    Global-Tech v SEB will likely change the standard for finding induced infringement. Managing IP analyses some key points for understanding the case

  • Huawei – when patents and politics mix

    February 22, 2011

    Huawei’s decision to pull back from its deal to buy bankrupt Silicon Valley start-up 3Leaf is the latest in a series of IP-related setbacks in the US for the telecommunications company.

  • Huawei backs down in US patent row

    February 22, 2011

    Chinese telecoms company Huawei has bowed to US government pressure and reversed its decision to buy the patent portfolio of a Silicon Valley start up

  • Crocs case could discourage iterative designs

    February 18, 2011

    The ITC has issued a preliminary judgment in the Crocs design patent case, marking another big win for design patent owners - but the case may also have some unexpected implications

  • House holds hearing on patent reform

    February 18, 2011

    The US patent system would better spur innovation following an overhaul of the USPTO, said legal commentators before the House Judiciary IP subcommittee last week

  • One-Blue versus BD4C

    February 11, 2011

    Licensing company One-Blue is to start offering a one-stop licence for Blu-Ray products in April, but five patent owners have set up their own licensing programme

  • USPTO fast-track at-a-glance

    February 11, 2011

    Once comments have been considered, the final rule on track one of the USPTO’s three-track programme will be published by May this year. Here is how it will work

  • USPTO fast track fee set at $4,000

    February 11, 2011

    The USPTO has issued proposed rules setting out the terms of track one of its anticipated three-track patent examination programme

  • One-Blue: How will China react?

    February 09, 2011

    Attempts to enforce a licensing scheme for Blu-Ray DVD patents risks a backlash from manufacturers in China

  • Blu-Ray licensing programme set to launch

    February 09, 2011

    A landmark licensing programme for Blu-Ray disc patents will be launched on April 1 this year

  • Analysing the IP in Obama’s address

    February 02, 2011

    President Barack Obama mentioned a total of 26 IP terms, two inventors, seven inventions and spent about 20% of his speech talking about IP-related topics

  • Microsoft files brief in Supreme Court battle with i4i

    February 02, 2011

    Microsoft last week asked the Supreme Court to find that the Federal Circuit erred in holding its defence against i4i’s claims of patent infringement to a heightened standard of proof

  • Obama's nod to patents welcomed

    January 31, 2011

    IP practitioners expressed optimism about President Barack Obama's reference to patents during his State of the Union address last Tuesday

  • Copyright lawyer nominated to be US solicitor general

    January 26, 2011

    President Barack Obama’s pick to fill the position of US solicitor general has raised the eyebrows of some copyright stakeholders

  • Michel points to flaws in patent reform bill

    January 25, 2011

    The 2011 Patent Reform Act would mean significant changes for the USPTO

  • New effort to reform US patent law launched

    January 25, 2011

    The announcement by the US Congress last week that it will revive patent reform legislation has been criticised by some who would rather see a fully funded USPTO

  • Why IP and Curaçao don’t mix

    January 14, 2011

    As developed countries try to increase their tax revenue to reduce fiscal deficits, companies that move their IP into tax-efficient jurisdictions will come under increasing scrutiny

  • Judges take on technology challenge

    January 13, 2011

    Judges from the US, EU and China have claimed that, in the absence of legal reform, they will have to be responsible for helping the law keep pace with technology

  • US report on China’s indigenous innovation slammed

    January 06, 2011

    A US International Trade Commission report that attacked China’s indigenous innovation policies has been criticised by IP practitioners in the country

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