Unitary Patent and UPC: a progress report (November 2015) Member states agree on formula for distributing income from unitary patent renewal fees; UK IPO needs your feedback on the UPC IT system; five more countries needed for the Protocol on UPC Agreement; and UPC Preparato... By Kingsley Egbuonu November 30 2015
Join us for the European Patent Forum USA in New York and San Jose Following the success of last year’s events we are running two more conferences on European patent reform, in New York on December 8 and San Jose on December 10. Both are free for in-house counsel By James Nurton November 30 2015
Ethical issues in IP debated In an event hosted by AIPPI last week, Professor Sir Robin Jacob led IP law professionals in a discussion of topical issues relating to morals rights and ethics in international IP law By Alice O'Donkor November 27 2015
Takeaways from the Federal Circuit's first reversal of a PTAB finding of validity This month has seen two important Federal Circuit decisions disagreeing with the Patent Trial and Appeal Board’s findings. Its Belden v Berk-Tek opinion included a number of lessons for practitioners By Michael Loney November 25 2015
USPTO and INPI establish PPH pilot programme The USPTO and Brazil’s National Institute for Industrial Property will establish a patent prosecution highway pilot programme with the aim of reducing patent workloads and improving quality By Michael Loney November 25 2015
Unwired Planet 4G patent upheld by UK court Unwired Planet has won the first of five cases in the UK concerning standard essential patents, in a dispute with Huawei and Samsung By James Nurton November 24 2015
Apple, ContentGuard, Samsung, The Medicines Company, Google, Lex Machina, Skechers, Con... A patent lawsuit win for Apple over ContentGuard, Samsung’s denial of a Federal Circuit en banc rehearing, Google offering legal support for YouTube users accused of copyright infringement, the acquisition of Lex Mach... By Michael Loney November 23 2015
Be prepared for bankruptcy risk in technology transactions By Managing IP Correspondent November 20 2015
New Controller in India Sh O P Gupta has become the new Controller of Patents, Designs and Trade Marks in India By James Nurton November 20 2015
Which IP practitioners are moving firms in the Americas? In our regular round-up, we summarise recently announced partner and national IP office moves in the Americas, including a new role for the former PTAB chief judge and hires from BakerHostetler, Shearman & Sterling, B... By Michael Loney November 19 2015
Federal Circuit rules on Akamai v Limelight's "residual issues" A Federal Circuit panel rejected Limelight's challenges related to claim construction and $40 million of lost profit damages, bringing the near decade-long saga one step closer to its conclusion By Peter Leung November 16 2015
Celgene win leaves Bass even in PTAB institution game The PTAB has denied institution of a Coalition for Affordable Drugs inter partes review petition challenging a Celgene patent. This leaves Kyle Bass with a 50% institution success rate in the 14 petitions the Board ha... By Michael Loney November 16 2015
Federal Circuit vacates PTAB rejection of Ariosa IPR In a decision that raises questions about the Patent Trial and Appeal Board's ability to complete IPRs within its one-year statutory deadline, the Federal Circuit has vacated a rejection of an IPR on the ground that t... By Peter Leung November 16 2015
Taylor Swift, Mark Cuban, Happy Birthday, Judge Gilstrap, In-N-Out Burger – the week in IP Two Taylor Swift disputes ending, an IP Watchdog interview with patent sceptic Mark Cuban, a further twist in the Happy Birthday copyright saga, the Eastern District of Texas’s Judge Gilstrap issuing a standing order ... By Michael Loney November 15 2015
ITC jurisdiction over digital goods, the definition of "making" for Section 271(g) infr... The Federal Circuit had a busy week, issuing eight precedential patent-related opinions. It also agreed to rehear en banc the case of The Medicines Company v Hospira By Peter Leung November 13 2015
Guest post: A European perspective on the CAD We have been following the reporting of Inter Partes Review (IPR) filings by the Coalition for Affordable Drugs against pharmaceutical patents at the Patent Trial and Appeal Board, writes Nick Richards of Bristows in ... By Managing IP Correspondent November 13 2015
PTAB petitions pass 4,000 mark but USPTO proposes filing rate hike Data – The number of PTAB petitions in October was the lowest since January. However, the USPTO also proposed raising the filing fees during the month By Michael Loney November 12 2015
Data: Analysing the busiest PTAB petitioners, patent owners and law firms so far in 2015 Managing IP analyses the busiest companies, law firms and attoneys at the Patent Trial and Appeal Board in the third quarter and so far this year, using the Docket Navigator database By Michael Loney November 12 2015
New USPTO standard for correcting foreign priority claims comes into effect USPTO changes to the practice for correction of foreign priority claims are now in effect, which make the process the same as for domestic claims but will cost applicants more money than previously By Michael Loney November 11 2015
Federal Circuit limits ITC jurisdiction over digital goods In a decision that some practitioners say is unsatisfying and a prime candidate for an en banc rehearing, the Federal Circuit ruled that the ITC does not have jurisdiction over infringing digital goods By Peter Leung November 11 2015
Ohio court invalidates patents issued in 2015 on Alice grounds In what is believed to be a first, a court has found the claims of patents issued after the US Supreme Court’s Alice v CLS Bank ruling invalid for being directed to an abstract idea By Michael Loney November 11 2015
Brexit, TRIPS, General Court and WTO – European IP news roundup European Commission thinking on SPCs under the UPC, Off-patent Drugs Bill failing again in UK, the TPP being published, a WTO TRIPS Council’s decision on a pharma protection exemption request by LDCs, the European Par... By Kingsley Egbuonu November 10 2015
USPTO’s Texas regional office officially opens The permanent location for the Texas Regional USPTO regional office is now officially open By Michael Loney November 10 2015
Federal Circuit reverses PTAB in part in Belden v Berk-Tek In a rare substantive opinion on a PTAB appeal, the Federal Circuit upheld the rejection of four claims but reversed the upholding of two further claims of a Belden patent By Michael Loney November 10 2015
Washington Redskins, GoPro, DraftKings, FanDuel, patent litigation spike, Alice stats, ... The Washington Redskins’ brief in its trade mark appeal, patent lawsuits against GoPro, DraftKings and FanDuel, a spike in litigation predicted for November, the latest stats on district courts interpreting Alice, and... By Michael Loney November 09 2015
Guest post: China’s patent revolution - from imitation to innovation When one thinks of world-leading innovation, dynamic technology and scientific breakthroughs, China is not always the first country to spring to mind. By Joan Mill, CEO, Novum Global Strategies By Managing IP Correspondent November 04 2015
Federal Circuit hears Wi-Fi standards suit In a patent infringement suit involving the world's most widely-used Wi-Fi protocols, the Federal Circuit is faced with the question of how trial courts should construe an undefined claim term with a seemingly obvious... By Peter Leung November 03 2015
Associations suggest patent eligibility guidance changes to USPTO The deadline for comments on the USPTO’s July update to its patent eligibility guidance has passed, with 29 submissions. This included the American Intellectual Property Law Association making seven broad recommendations By Michael Loney November 03 2015
View our webinar on obviousness in US district courts and PTAB View a replay of our “Effective obviousness arguments in district courts and PTAB” webinar, which took place on November 4 and featured McAndrews Held & Malloy president Robert Surrette and Stryker intellectual proper... By Michael Loney November 03 2015
Could a computer do your job? Artificial intelligence is developing so fast that a patent will be filed, and granted, without human intervention within 25 years. That was the proposition at a debate organised by the Chartered Institute of Patent A... By James Nurton November 03 2015
Judge Newman highlights vagaries of Section 101 jurisprudence Federal Circuit Judge Pauline Newman's questions in Morsa v Facebook showed frustration at the tendency of post-Alice Section 101 analysis to overlap with other parts of the patent law By Peter Leung November 03 2015
