May triggers Article 50 and White Paper published - Brexit latest Information on the UK's divorce from the EU, and what that means for IP rights, is becoming clearer, but many questions remain. Managing IP reports on the latest developments, offers pointers for IP practitioners and ... By James Nurton March 31 2017
Unitary Patent and UPC: A progress report (March 2017) UK on course to ratify the UPC Agreement despite triggering Article 50, Germany’s ratification process progressing smoothly, UPC Preparatory Committee concludes work, UK Parliament starts discussions on the Great Repe... By Kingsley Egbuonu March 31 2017
How the CJEU has interpreted “protected” in the SPC Regulation What does “protected” by a patent mean? Brian Cordery and Steven Willis look at how the CJEU has approached Article 3(a) of the SPC Regulation By Managing IP Correspondent March 31 2017
UK on course to ratify UPC Agreement A UK IPO statement has confirmed that preparations "remain fully on track" and given more detail on when the last few legislative steps should be expected. This comes a day after Prime Minister Theresa May triggered A... By Kingsley Egbuonu March 30 2017
Microsoft, Toyota, USPTO, LG, Marrakesh treaty, Kanye West, Beijing Intellectual Proper... Microsoft’s patent licensing agreement with Toyota, a new USPTO Working Group on Regulatory Reform, LG’s first complaints against another phone manufacturer, Honduras’ ratification of the Marrakesh treaty, a copyright... By Michael Loney March 29 2017
US Supreme Court revisits patent venue in TC Heartland v Kraft arguments Questions from some Supreme Court justices in oral arguments in TC Heartland v Kraft suggested a desire to overturn the Federal Circuit on patent venue. Natalie Rahhal analyses the issues discussed and likely outcomes... By Natalie Rahhal March 29 2017
Guest post: About the IEEE, but no longer without the IEEE In a guest post, IEEE Managing Director Konstantinos Karachalios responds to criticisms of its updated patent policy By Managing IP Correspondent March 29 2017
Impression v Lexmark arguments analysis: When are patent rights exhausted? The Supreme Court oral arguments in Impression Products v Lexmark International addressed whether a sale of a patented article outside the US exhausts the US patent rights in that article. Observers believe the court’... By Natalie Rahhal March 28 2017
Managing IP North America Awards Winners 2017 The North America Awards Dinner was held at the Four Seasons in Washington DC on March 23, revealing the best intellectual property law firms, individuals and cases of the past year By Michael Loney March 24 2017
China: Patents: Examination Guidelines amendments good news for patentees By Managing IP Correspondent March 23 2017
Germany: Protecting and enforcing data formats for the IoT By Managing IP Correspondent March 23 2017
Turkey: Article 138/3 of EPC applies during pending proceedings By Managing IP Correspondent March 23 2017
The ethics of patenting genes and animals The patenting of living organisms remains controversial, despite decades of debate. Sirena Rubinoff provides a guide to the arguments By Managing IP Correspondent March 23 2017
The Netherlands: Lack of due care forms impediment for patent restoration By Managing IP Correspondent March 23 2017
Eli Lilly loses NAFTA patent arbitration with Canada Tribunal in NAFTA arbitration between Eli Lilly and the Canadian government has found the application of the promise doctrine did not involve a fundamental change in the country’s patent law, in a keenly-anticipated d... By Michael Loney March 22 2017
PTAB issues last Coalition for Affordable Drugs written decision The Patent Trial and Appeal Board has now given rulings in all 33 petitions filed by Kyle Bass’s Coalition for Affordable Drugs. The final tally is that the coalition succeeded in getting claims invalidated in 27% of ... By Michael Loney March 22 2017
US Supreme Court rules no laches defence available in patent cases The Supreme Court rejected wholesale the Federal Circuit’s stance that laches be an available defence in patent law, in its SCA Hygiene v First Quality ruling By Natalie Rahhal March 22 2017
FilmOn, Supreme Court, patent sales, Stairway to Heaven, Blockchain Intellectual Proper... The Ninth Circuit reversing a July 2015 win for streaming company FilmOn, the Supreme Court hearing Lexmark oral arguments, fourth-quarter US patent sales holding steady, the Stairway to Heaven copyright case being ap... By Michael Loney March 22 2017
US district court 101 invalidity rates down slightly in 2017 The Federal Circuit maintains its high invalidity rate on Section 101 decisions so far this year but the district court rate has fallen, according to new figures from Fenwick & West’s Robert Sachs. One interesting rec... By Michael Loney March 21 2017
New articles on patent and trade mark developments in China Links to a range of article on patent and trade mark developments in China are now available on our dedicated jurisdiction pages By Managing IP Correspondent March 20 2017
IP Inclusive wins first corporate social responsibility award On March 9, over 300 guests attended The Savoy in London to celebrate their achievements in IP. The Managing IP Global Awards Dinner recognised almost 90 firms from over 40 countries for non-contentious and contentiou... By Alice O'Donkor March 15 2017
MIP Global Awards 2017: The highlights 85 awards, including for corporate social responsibility and in-house achievement, were presented at Managing IP’s 12th Global Awards dinner at The Savoy in London last week. The photos from the event have also been p... By Kingsley Egbuonu March 15 2017
Latest people moves in the US Managing IP’s regular review of the latest moves and appointments in the US includes hires by Goodwin, McDermott Will & Emery, Arent Fox, Dykema Cox Smith, Akin Gump, White & Case and Haynes and Boone. By Natalie Rahhal March 15 2017
Whirlpool, Acorda, Kyle Bass, Michelle Lee, Google, Uber, copyright lawsuits, IP Commis... A jury awarding Whirlpool $7.6m, the PTAB upholding Acorda patents in four Kyle Bass IPRs, the USPTO confirming Michelle Lee is still director and Anthony Scardino is acting deputy director, Waymo adding a patent clai... By Michael Loney March 14 2017
The land that IP law forgot As Myanmar has opened up in the past five years, multinationals have rushed into the country. But, reports Shaun Tan, its IP laws are still frozen in time By Shaun Tan March 14 2017
ITC schedules second oral hearing in almost a decade The International Trade Commission will hold an oral hearing in Certain Carbon and Alloy Steel in April. This is only the second oral argument granted in nearly 10 years, following one in November last year By Michael Loney March 14 2017
Federal Circuit finds motion-sensor patents valid under Alice, in Thales Visionix v Uni... The Federal Circuit has upheld patents disclosing a system of sensors affixed to a helmet under Section 101, in its Thales Visionix v United States ruling By Natalie Rahhal March 14 2017
New views on Brexit at CITMA meeting What will happen to EU trade marks and registered Community designs when the UK leaves the EU? That's a complicated question, but a lot of work is going on to address it By James Nurton March 13 2017
A discussion on second medical use patents What is the most challenging issue in IP law at the moment? Several topics come to mind – FRAND, patentable subject matter, intermediary liability, disparaging trade marks – but no list would be complete without inclu... By James Nurton March 10 2017
Managing IP Global Awards Winners 2017 The Global Awards Dinner was held at The Savoy in London on March 9, with 300 guests from 89 firms and 44 countries By James Nurton March 10 2017
Prenda Law, Perfect 10, USPTO, Niro, Forever 21, Adidas – the week in IP An attorney involved in Prenda Law’s $6m copyright trolling scheme pleading guilty, Perfect 10’s assets being put into receivership, the USPTO making payments to the Department of Commerce under the shared services in... By Michael Loney March 08 2017
Ropes & Gray to spin off patent prosecution practice in new firm Ropes & Gray will leave the patent prosecution business, with the spin-out of a new firm with Joseph Guiliano as head By Michael Loney March 08 2017
Genentech’s biosimilar complaint against Amgen dismissed Judge Sleet of the District of Delaware has dismissed Genentech’s biosimilar complaint against Amgen for lack of subject matter jurisdiction, and granted 45 days for an amended complaint to be filed By Michael Loney March 08 2017
Sprint awarded $140m patent damages against Time Warner A jury in the District of Kansas has found Timer Warner Cable infringed five Sprint Communications patents, and awarded the biggest patent damages so far this year By Michael Loney March 07 2017
PTAB round-up: Petition filing slumps in February, Federal Circuit and Board decisions ... Patent Trial and Appeal Board petition filing last month was down 47% on the record January. Michael Loney reveals the busiest entities and analyses Federal Circuit and Board decisions in February, including the lates... By Michael Loney March 07 2017
Court grants landmark declaration in biosimilar case A UK judge has granted a declaration in favour of a number of pharmaceutical companies who are seeking to launch rival products to the world's best-selling drug Humira By James Nurton March 07 2017
A preview of this week's International Patent Forum Managing IP's annual International Patent Forum takes place this Wednesday and Thursday, and includes a keynote from Mr Justice Arnold and panels on the UPC, Brexit, the Internet of Things, second medical use patents,... By James Nurton March 06 2017
UK IPO appoints new CEO The IPO has appointed head of Companies House Tim Moss as its new chief executive By Kingsley Egbuonu March 06 2017
SIPO appears to ease curbs on software patents China’s IP office has released new guidelines that include a reduction in restrictions on software patents. Observers say it is not clear how big an effect it will have in practice By Shaun Tan March 03 2017
Should the Federal Circuit stop issuing Rule 36 affirmances? Law professor Dennis Crouch is calling for the Federal Circuit to not give Rule 36 affirmances in PTAB appeals, arguing it is required by statute to issue an opinion. The court has continued to issue them but has aske... By Michael Loney March 03 2017
Federal Circuit grants Google writ of mandamus to transfer venue in Eolas case Google’s request for a writ of mandamus to transfer a case brought by Eolas Technologies to the Northern District of California from the Eastern District of Texas has been granted, with the Federal Circuit citing “a c... By Michael Loney March 01 2017
Federal Circuit invalidates Smartflash patents in Apple dispute The Federal Circuit has found invalid three Smartflash patents that an Eastern District of Texas jury had awarded $530m in damages for Apple infringing in 2015. The appeals court said Smartflash’s asserted claims are ... By Michael Loney March 01 2017
Utynam’s Heirs Inspired by Valentine’s Day last month, Managing IP invited our Twitter followers to compose IP-related love poems, and received dozens of responses, from the beautiful to the bitter. Utynam has picked his favourites ... By Managing IP Correspondent March 01 2017
Highlights from the March 2017 issue Hard copies of our latest issue are now on their way to readers all over the world. But you don't need to wait for the post: subscribers can read the full contents online now! By James Nurton March 01 2017
Google, Uber, Defend Trade Secrets Act, Kyle Bass, Alibaba, PTAB – the week in IP A Google subsidiary suing Uber for alleged trade secrets misappropriation, the first jury verdict under the Defend Trade Secrets Act, the PTAB upholding a patent in its latest Kyle Bass decision, Alibaba criticising C... By Michael Loney March 01 2017
