This week on MIP: Vidal hearing, Oppo injunction
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This week on MIP: Vidal hearing, Oppo injunction

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We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

PTAB reform and AI: Senate hears Vidal’s USPTO agenda

USPTO director Kathi Vidal revealed the office’s plans for the Patent Trial and Appeal Board, standard-essential patents, fighting counterfeits, and more during a Senate hearing on Wednesday, July 26.

The hearing, called ‘Oversight of the USPTO’, was hosted by the Senate Judiciary Subcommittee on Intellectual Property.

Click here to read the full story.

Indian generics makers claim victory in anaemia drug patent feud

The Delhi High Court has denied Swedish drug maker Vifor Pharma’s application to prevent four Indian companies from launching generic versions of its iron-deficiency anaemia drug.

Justice Jyoti Singh ruled on Monday, July 24, that a drug patent only covering process claims could not be used to restrict third parties who derived the same compound through different methods.

Click here to read the full story.

Oppo faces UK injunction threat in FRAND win for Nokia

Oppo must agree to pay Nokia royalties set by the England and Wales High Court or face an injunction, the court ruled on Wednesday, July 26.

The Chinese smartphone maker will likely have until September to decide whether to make the commitment or leave the UK market.

Click here to read the full story.

Finnegan loses Irish linchpin to local firm

US IP firm Finnegan lost its only Ireland-based attorney to a local firm last month, in a blow to its fledgling Irish practice.

Judy McCullagh moved to FRKelly in June, having joined Finnegan in September 2021.

Click here to read the full story.

Other articles published by Managing IP this week include:

ToolGen’s CRISPR loss shows how not to draft a provisional patent

Counsel: UPC will not spell the end of national litigation … yet

Weekly take: Transparency key to Slaughter and May’s diversity drive

Reverse switch? Benjamin Bai on leaving in-house for private practice

Twitter picked ‘worst letter’ for rebrand: TM counsel

Copyright crossroads: UK dispute could spark EU divergence

Training troubles: copyright owners face uphill battle against generative AI

Five minutes with ... Christine Morgan, partner at Reed Smith

Elsewhere in IP

Funding blow

The UK Supreme Court ruled a deal to finance a competition lawsuit by the Road Haulage Association was unlawful on Wednesday, July 26, in a major blow to the litigation funding industry. According to the Supreme Court, the deal fell within the definition of a “damages based agreement” and was therefore unenforceable.

Steven Meyerhoff, a director at Backhouse Jones who represented the RHA, said the group was confident its deal with its funder could be redrafted so the case could proceed.

Welsh whisky

Four types of Welsh whisky will be protected under the UK’s geographical indication system, it was confirmed this week. The UK brought in its own GIs to replace the equivalent EU system after Brexit. The scheme doesn’t cover products sold in Northern Ireland.

Google’s $339m bill

A US federal jury ordered Google to pay $338.7 million in damages for patent infringement related to its Chromecast home streaming devices on Friday, July 21. The case was brought by Touchstream Technologies in the Western District of Texas. A Google spokesperson said the company would appeal the verdict and has "always developed technology independently and competed on the merits of our ideas”.

Japanese innovation

Japan leads the way in Clarivate’s 2023 ‘innovators to watch’ list. This year’s report, published on Tuesday, July 25, saw an “influx” of electronics companies from Japan, China, and Taiwan. Japanese innovators were found across a range of sectors, including energy and electrical, consumer goods and food, and chemicals and materials.

Victory for Ocado

Ocado won its high-profile patent feud with Autostore last Saturday, July 22, after it agreed a settlement worth £200 million ($255 million). The deal resolved all outstanding patent litigation between the parties, including at the new Unified Patent Court. Autostore began the dispute with a patent infringement suit in 2020.

That's it for today, see you again next week.

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