PTAB first-half data: Comcast tops petitioner ranking, Rovi most targeted patent owner Comcast taking its dispute with Rovi to the PTAB made them the top petitioner and patent owner at the PTAB in the first half of 2017. Apple and Samsung have fallen down the petitioner rankings while Fish & Richardson,... By Michael Loney July 31 2017
Copycat car makers and the role of design rights In a guest post, Matthew Jones of EIP discusses the role of design rights for automobile manufacturers By Managing IP Correspondent July 31 2017
Unitary Patent and UPC: A progress report (July 2017) UK consents to UPC Agreement (UPCA) Protocol and will resume legislative procedure for UPCA ratification in the autumn, UPC IT team seeks user input, and Germany’s legislative steps for ratification criticised By Kingsley Egbuonu July 28 2017
Apple, WARF, Qualcomm, Google, Richard Prince, CLASSICS Act, STRONGER Patents Act, Tam ... A judge more than doubling WARF’s damages award, Qualcomm taking its Apple dispute to Europe, Google filing for a US injunction against its Canada Supreme Court loss, a judge allowing the Richard Prince copyright suit... By Michael Loney July 26 2017
USPTO shares patent subject matter eligibility feedback The USPTO has released a report providing an overview of patent eligibility law and feedback it has received on the issue. A majority of commenters recommended legislative change By Michael Loney July 26 2017
Will the Federal Circuit weigh in on Judge Gilstrap’s patent venue test? Consensus is growing that TC Heartland was not a change in the law, while a mandamus petition in the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being cl... By Michael Loney July 26 2017
Brexit and EU registered rights - a fantasy The UK voted to leave the EU, so how could it remain part of the EU trade mark and design systems? By James Nurton July 25 2017
China proposes pharmaceutical patent linkage scheme The China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio By Karry Lai July 24 2017
The practical significance of Eli Lilly v Actavis UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also in... By Kingsley Egbuonu July 24 2017
Interim USPTO director Matal makes predictions on Oil States, TC Heartland and reform In an open and wide-ranging speech at the Patents for Financial Services Summit in New York, interim USPTO director Joseph Matal predicted “we are going to win” the Oil States case, TC Heartland “is not going to put t... By Michael Loney July 21 2017
Monkey selfie, Teva, Apotex, CRISPR patent pool, Eli Lilly, Jawbone, Shipping and Trans... The 9th Circuit hearing the latest instalment in the monkey selfie story, a Teva trade secret suit, the Broad Institute joining discussions to create a CRISPR patent pool, Eli Lilly settling a Cialis dispute with gene... By Michael Loney July 18 2017
House Judiciary Committee members call Judge Gilstrap “reprehensible” US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District... By Natalie Rahhal July 17 2017
Predicting Aqua Products, evolving estoppel, expert testimony strategies – PTAB issues ... The discussions at Managing IP’s recent PTAB Forum 2017 provided some clues about the biggest issues on PTAB practitioners’ minds, including estoppel, handling remands, expert testimony strategies and predictions for ... By Michael Loney July 17 2017
IP arbitration amendment bill passed in Hong Kong but hurdles remain The Hong Kong government has passed amendments to the territory’s arbitration ordinance to clarify that IP rights can be the subject of arbitration By Karry Lai July 14 2017
Michigan court awards Stryker enhanced damages after Supreme Court remand A Western District of Michigan judge has reaffirmed his award of triple damages in Stryker v Zimmer after the Supreme Court changed the test for wilful infringement last year. The total award is $248.7 million By Natalie Rahhal July 14 2017
The latest people moves in the US Managing IP’s regular update of people moves includes the latest on the new firm being established by Ropes & Gray partners, and hires by Morrison & Foerster, Crowell & Moring, BakerHostetler, Dorsey & Whitney, Stepto... By Natalie Rahhal July 13 2017
Broken promise doctrine in Canada poses questions for courts The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of ... By Natalie Rahhal July 13 2017
Dow’s record-setting Canada patent damages award explained The C$645m awarded to Dow has dwarfed the previous highest Canadian patent award to Merck. The high figure is a result of the flexible and unique nature of monetary remedies in Canada By Natalie Rahhal July 12 2017
Qualcomm, Apple, TTAB, High Tech Inventors Alliance, Waymo, Uber, Shipping & Transit, F... Qualcomm filing an ITC complaint against Apple, the TTAB’s precedential opinions in 2017, eight technology companies forming an alliance, Waymo dropping patent claims in its dispute with Uber, Shipping & Transit being... By Michael Loney July 12 2017
Doctrine of equivalents allowed in the UK The UK Supreme Court has ruled that a patentee can argue that the scope of protection afforded by its patent extends beyond the ambit of the claims. In its ruling in Eli Lilly v Actavis, the Court also provided guidan... By Kingsley Egbuonu July 12 2017
Mozambique: Important development regarding the refiling of refused trade mark applicat... By Managing IP Correspondent July 12 2017
Captain Morgan trade mark win, Teva section 8 damages, Health Canada misfeasance – some... Canada has had two blockbuster Supreme Court decisions and a record patent damages award in the past month. But there have been other recent IP cases of interest, including a rum trade mark dispute, the reinstatement ... By Natalie Rahhal & Michael Loney July 10 2017
Record half for PTAB filing ends with 206 petitions in June PTAB data and round-up: June was the second-busiest month of 2017 for Patent Trial and Appeal Board petition filing, with Halliburton Energy Services the top petitioner. The Federal Circuit issued interesting decision... By Michael Loney July 07 2017
Data – analysing TC Heartland’s impact on US patent litigation Patent lawsuit filing in US district courts held up in June but plaintiffs have deserted the Eastern District of Texas, with Delaware the top venue. Natalie Rahhal analyses how US patent litigation has changed since T... By Natalie Rahhal July 06 2017
Life science strategies in the US At Managing IP’s European Life Sciences Forum, Finnegan’s Jennifer Roscetti and Erin Sommers covered issues of patent eligibility in the US and tips for IPR proceedings By Alice O'Donkor July 06 2017
European Life Sciences Forum 2017 - key takeaways Brexit, the UPC, second medical use patents, biologics and digital health were all on the agenda at Managing IP's first European Life Sciences Forum in London By James Nurton July 06 2017
Why PTAB’s double threat is not causing panic yet The future of the Patent Trial and Appeal Board was placed in peril by two developments in June – a Supreme Court case that could find AIA trial unconstitutional and a bill in Congress that would completely gut the Bo... By Michael Loney July 06 2017
Dow wins Canada’s largest ever reported patent infringement award The Federal Court of Canada has awarded Dow more than C$645 million including prejudgment interest for Nova Chemicals infringing a patent covering polymers By Michael Loney July 06 2017
Canada’s big week for patent news In a blockbuster week in Canada, the Supreme Court has struck down the promise doctrine and the Federal Court has handed Dow the largest reported patent infringement award By Michael Loney July 06 2017
Sir Paul McCartney, Washington Redskins, Federal Circuit, Newegg, Xiaomi, Nokia, Nike, ... A Sir Paul MCCartney and Sony settlement, the end of the Washington Redskins’ trade marks battle, a Federal Circuit ruling that Judge Gilstrap erred by not awarding Newegg fees, Xiaomi’s acquisition of Nokia patents, ... By Michael Loney July 05 2017
Gilstrap sets four-factor test for Eastern District of Texas patent venue In response to motions to dismiss or transfer cases based on improper venue, Judge Gilstrap of the Eastern District of Texas has laid out four factors for determining “regular and established place of business” – phys... By Michael Loney July 05 2017
