Immoral marks, New York Times, Cuozzo, PTAB, Microsoft – the week in IP The DOJ saying the Slants ruling was so broad it goes beyond covering only disparaging marks, The New York Times being criticised for filing a copyright case, the reason Cuozzo may not be successful at the Supreme Cou... By Michael Loney January 29 2016
A year of change in Europe Regular readers will know that the EU Unitary Patent and UPC are set to transform patent practice in Europe. But do you also know about the reforms being planned or discussed for trade marks, designs, geographical ind... By James Nurton January 29 2016
Last chance to take part in the Global IP Index The law firm Taylor Wessing is working on its fifth Global Intellectual Property Index, and the deadline to take part is Friday February 5 By James Nurton January 29 2016
Managing IP Global Awards 2016 - shortlists Managing IP's annual Global Awards Dinner - held this year on March 10 at The Savoy in London - recognises the outstanding firms of the past year in Asia-Pacific, Europe and Latin America. Ahead of the awards announce... By Managing IP Correspondent January 29 2016
Unitary Patent and UPC: a progress report (January 2016) In our latest Unitary Patent and UPC roundup: Finland ratifies the UPC Agreement and its Protocol, UK gears up for ratification with a little legal complexity, UPC judicial posts open to all, and improvements to UPC I... By Kingsley Egbuonu January 28 2016
Don’t fret over threats of proceedings for IP infringement Correspondents in Australia, Canada, Germany, the UK and the US review the law and recent developments on threats of proceedings for IP infringement that are groundless or may interfere with business activity By Managing IP Correspondent January 28 2016
Average of 11 Alice decisions each month in US federal courts There have been about 11 Section 101 decision per month in US federal courts and the overall success rate has been 72.1% since the Supreme Court’s Alice v CLS Bank decision, according to an analysis by Fenwick & West’... By Michael Loney January 27 2016
Delaware jury awards $37.5m patent damages to Greatbatch Medical device maker Greatbatch has been awarded $37.5 million by a jury in the District of Delaware for AVX infringing its pacemaker and defibrillator patents, in the largest jury award so far this year in a US paten... By Michael Loney January 27 2016
How to prove it to the PTAB The role of prior art has become important in many PTAB proceedings. Scott D Marty and Jonathon A Talcott discuss evidentiary challenges for petitioners and patent owners By Managing IP Correspondent January 26 2016
Australia: Clarification on software/business method patents By Managing IP Correspondent January 26 2016
UPC scenario 1: an electronics implementation patent In the first of a series of articles looking at hypothetical scenarios involving the UPC, Wouter Pors considers a case involving an implementation patent in the electronics industry By Managing IP Correspondent January 26 2016
China: Patents: Patent Law amendments cause hopes and questions By Managing IP Correspondent January 26 2016
Biotechnology and patentability: navigating unchartered waters in Australia and the US The debate over the patentability of isolated DNA has raged around the world. Tania Obranovich compares the two Myriad decisions from the highest courts in Australia and the US and explains how the Australian decision... By Managing IP Correspondent January 26 2016
Sliding doors at the ITC: Is direct infringement of method claims a basis for relief? In recent years, the ITC and Federal Circuit slowly closed the door on the assertion of method claims at the ITC. The Suprema decision reversed the trend, but may have opened the door wide enough for direct infringeme... By Managing IP Correspondent January 26 2016
Scandinavia: Harmonisation of validation formalities in 2015 By Managing IP Correspondent January 26 2016
European Patent Office: EPO reviews accelerated prosecution By Managing IP Correspondent January 26 2016
Utynam's Heirs Utynam was in Cartagena in December for the ASIPI annual conference. Here are some of the highlights By Managing IP Correspondent January 26 2016
Japan: Supreme Court gives new ruling on patent term extension By Managing IP Correspondent January 26 2016
TTAB, Eastern District of Texas, Apple, Samsung, Batmobile, Marilyn Monroe – the week i... The TTAB’s 2015 precedential opinions, the Federal Circuit taking on a case challenging the Eastern District of Texas’s patent case dominance, Apple's grant of an injunction, the Supreme Court being asked to hear a ... By Michael Loney January 22 2016
Report reveals top reasons for resolution of PTAB proceedings A Patent Trial and Appeal Board report from Lex Machina analyses the most common trial resolutions and the busiest administrative patent judges By Michael Loney January 22 2016
The issues to watch in Cuozzo at the US Supreme Court The Supreme Court in Cuozzo could scrap the PTAB’s use of the broadest reasonable interpretation in IPRs. But its ruling on the less-publicised question of whether institution decisions are unreviewable could have a b... By Michael Loney January 21 2016
EPO staff demonstrate in Munich The SUEPO union representing EPO examiners is staging a march in a protest against the Office's management, and its President Benoit Battistelli, after three staff were disciplined By James Nurton January 20 2016
Guest post: Innovation and the case for confidence In this guest blog post, Patrick Kilbride, executive director, international intellectual property at the US Chamber of Commerce, emphasises the need for a common, global approach to IP policy By Managing IP Correspondent January 20 2016
Start-ups in India to get special IP treatment India’s Prime Minister Narendra Modi has unveiled his government’s 19-point Action Plan to promote and support start-ups in India. Under Action Plan 4, qualifying start-ups will receive government support in obtaining... By Kingsley Egbuonu January 18 2016
Star Wars, Erich Spangenberg, The Trademark Company, IP licensing, Spotify, PTAB, David... IP disputes involving the Star Wars franchise, the correct way to analyse patent litigation, the USPTO being sued for allegedly violating a trade mark filer’s Constitutional rights, IP licensing companies’ tough year,... By Michael Loney January 16 2016
US Supreme Court to hear Cuozzo and Kirtsaeng cases The Supreme Court will decide what standard the Patent Trial and Appeal Board should use in IPRs after granting cert in Cuozzo v Lee. It will also rule on the appropriate standard for awarding attorneys’ fees in copyr... By Michael Loney January 15 2016
Federal Circuit rules same PTAB panel can institute and decide an IPR The Federal Circuit has ruled that the same PTAB panel that institutes an inter partes review can also issue the final written decision, in Ethicon Endo-Surgery v Covidien. Judge Newman dissented, noting the statute r... By Michael Loney January 14 2016
USPTO appoints Rocky Mountain director, and other US people moves In our regular round-up, we summarise recently-announced partner and national IP office moves in the Americas, including hires by the USPTO, Pryor Cashman, AIPLA, Orrick, Mayer Brown, Perkins Coie and Baker McKenzie, ... By Michael Loney January 14 2016
Some practical questions about the UPC As the clock ticks down to the launch of the Unified Patent Court, interest is increasing in how the yet-to-be-appointed judges will handle cases, who they will be and what impact the UPC will have in Europe By James Nurton January 13 2016
US patent grants fall for first time since 2007 IBM remained the top US patent recipient in 2015, but it was the first year since 2007 in which overall patent activity fell, according to analysis released by IFI Claims Patent Services. IFI also identified an increa... By Michael Loney January 13 2016
Trade mark litigation, Apple, Samsung, monkey selfie, Richard Prince, Anne Frank, hover... A drop in US trade mark litigation in 2015, a Federal Circuit hearing of an Apple and Samsung dispute, a judge ruling a monkey does not own copyright in a selfie, artist Richard Prince being sued, the copyright of Ann... By Michael Loney January 11 2016
TXED approves another 101 motion against multiple patent suit filer Judge John Love of the Eastern District of Texas has recommended granting a Section 101 motion against plaintiff Rothschild Location Technologies, which filed 33 patent cases in the district in 2015 By Michael Loney January 07 2016
The final 2015 US patent litigation and PTAB filing figures With 2015 now behind us, it is a time for both looking back at the year just gone and forward to what that will mean for 2016. Some such as Erich Spangenberg are forecasting a stronger patent market By Michael Loney January 06 2016
US patent litigation up 15% in 2015, with NPEs increasing share US patent case filing in district courts was the second-highest ever in 2015, with one study suggesting that non-practicing entities increased their percentage of cases filed to 69% from 61% in 2014 By Michael Loney January 06 2016
What Managing IP has in store in 2016 As the new year gets underway, here’s a glimpse of what Managing IP has planned in print, online and at our events By James Nurton January 06 2016