Takeaways from the Federal Circuit’s Cray patent venue guidance Federal Circuit guidance on patent venue provided when granting a writ of mandamus in In Re Cray made clear that typical work-from-home employee will not create a “regular and established place of business” but it’s p... By Michael Loney September 29 2017
Allergan, Saint Regis Mohawk Tribe, Apple, Uber, Waymo, Inside Out, Netflix, FTC endors... Recent intellectual property news included a motion to dismiss IPRs covering Allergan’s Restasis treatment, an Apple dispute involving a patent transferred to a company with Native American tribe links, the latest in ... By Michael Loney September 28 2017
Delaware jury awards Amgen $70m in patent dispute with Hospira Amgen has been awarded $70 million in a dispute over a Pfizer subsidiary’s biosimilar of the Epogen treatment for anaemia By Michael Loney September 28 2017
A CRISPR patent pool – are we any closer? A plan to launch a CRISPR patent pool has only attracted a few patent holders so far. Robyn Trigg and Marc Döring examine how it would work, and whether it will take off By Managing IP Correspondent September 28 2017
Australia: Government adopts Productivity Commission’s anti-patent principles By Managing IP Correspondent September 28 2017
Convergence between Germany and UK The doctrine of equivalents is well established in Germany. It’s good news that the UK courts are moving in the same direction, argues Philipp Widera By Managing IP Correspondent September 28 2017
Actavis v Eli Lilly brings new questions in the UK Is the UK Supreme Court’s decision in Actavis v Eli Lilly a radical change to English patent law? Brian Cordery, Annsley Merelle Ward and Adrian Chew say it may not be quite as simple as that By Managing IP Correspondent September 28 2017
Singapore: IPOS signs MoU to help innovative companies compete globally By Managing IP Correspondent September 28 2017
Belgium applies function-way-result test Philippe Campolini and Peter Blomme review the Belgian approach to equivalents and prosecution history, and discuss whether Actavis v Eli Lilly might influence future cases By Managing IP Correspondent September 28 2017
Japan: First ruling on damages due to drug price reduction By Managing IP Correspondent September 28 2017
How French courts have approached the DoE In Actavis v Eli Lilly, the UK Supreme Court adjudicated on the French law on patent infringement. But, asks Celine Bey, did it do so correctly? By Managing IP Correspondent September 28 2017
Keep your patent litigation strategy flexible How do US, UK and EPO tribunals compare when it comes to patent infringement disputes? Ilya Kazi contrasts tactics and procedures, drawing on lessons from recent cases By Managing IP Correspondent September 28 2017
South Korea: Patent infringement under the doctrine of equivalents By Hanol IP & Law & Min Son September 28 2017
Stark declines to enhance Idenix’s record $2.5bn patent damages award District of Delaware says additional sanction is not warranted in Idenix v Gilead “given that the result of that misconduct is a cure for a potentially-fatal disease afflicting millions of people around the world, and... By Michael Loney September 27 2017
Signs of life for doctrine of equivalents in the US Some recent Federal Circuit decisions as well as a petition to the Supreme Court suggest the doctrine of equivalents is not dead in the US, despite a declining number of decisions referencing the doctrine since Warner... By Michael Loney September 27 2017
Latest patent and trade mark developments in China Our dedicated China pages have been updated with the latest articles from our sponsors By Managing IP Correspondent September 26 2017
New IP firm launched in Europe A new IP law firm, AIPEX, seeks to provide a unique IP service by offering a one-stop service through its independent member firms in 11 European locations By James Nurton September 26 2017
Copyright in Literary Work Authored By Director of Company By Managing IP Correspondent September 25 2017
Doctrine of Equivalents Prosecution History UK Supreme Court Clarifies By Managing IP Correspondent September 25 2017
Trademarks Phonetic Similarity When Word Used As Suffix in One Mark and As Prefix in An... By Managing IP Correspondent September 25 2017
How Allergan’s Mohawk tribe patent deal could blow up the IPR system If successful, Allergan’s eye-catching gambit of seeking to cancel PTAB proceedings by assigning patents to the Saint Regis Mohawk Tribe would be a blueprint for others to follow. But will the PTAB rule that sovereign... By Michael Loney September 21 2017
Federal Circuit rejects Gilstrap’s test for patent venue The Federal Circuit has reversed an Eastern District of Texas refusal to transfer the Cray case, and rejected Judge Gilstrap’s test for determining patent venue. This includes the appeals court stating there must be a... By Michael Loney September 21 2017
Judge Stark’s patent venue guidance has far-reaching implications Judge Leonard Stark of the District of Delaware has issued two rulings on motions to transfer that provide guidance for Hatch-Waxman and other patent litigation. This included ruling “regular and established place of ... By Michael Loney September 21 2017
Google, HTC, TTAB, PTAB, Judge Michel, Apple, Acacia, Microsoft – the week in IP Recent news included Google receiving a licence for HTC intellectual property, the TTAB again finding “Pretzel Crisps” to be generic, the PTAB designating a decision as informative, Judge Paul Michel suggesting seven ... By Michael Loney September 21 2017
Doctrine of equivalents after Actavis v Eli Lilly Two months after the UK Supreme Court's landmark judgment in Actavis v Eli Lilly, more questions are being asked about its impact throughout Europe By James Nurton September 18 2017
Interview: Julie Desrosiers Fasken Martineau's global IP and technology leader Julie Desrosiers speaks to Women in IP about patent litigation in Canada, the utility test and the benefits of team work By Alice O'Donkor September 18 2017
Interview: Say Sujintaya In the latest Women in IP interview, Alice O’Donkor speaks to Say Sujintaya, who chairs Baker McKenzie’s Asia Pacific IP group, about the TPP Agreement, Thailand joining the Madrid Protocol and leaving a legacy By Alice O'Donkor September 18 2017
Monkey selfie, Octane, Halo, Garmin, Navico, Qualcomm, Apple, PTAB, Amazon – the week i... A monkey selfie settlement, the Federal Circuit ruling on Octane, Halo being denied enhanced damages, an award of $39m damages for Navico, a denial of Qualcomm’s motion for an injunction against Apple, the percentage ... By Michael Loney September 14 2017
Ropes & Gray hires PTAB chair from Oblon, and other US people moves Managing IP’s regular update of people moves includes hires by Ropes & Gray, Norton Rose Fulbright, Honigman Miller Schwartz and Cohn, Hogan Lovells, Wolf Greenfield, Shook Hardy & Bacon and BakerHostetler. These incl... By Michael Loney September 12 2017
European Commission makes Brexit IP proposal Patent and trade mark attorneys have welcomed the European Commission's plans for unitary IP rights after Brexit By James Nurton September 12 2017
Key points of Australia's proposed IP reforms Reforms are coming in Australia as the government responds to the Productivity Commission inquiry into IP arrangements By Karry Lai September 12 2017
PTAB August round-up: Filing down; Federal Circuit criticises PTAB in two opinions; rul... 126 PTAB petitions were filed in August, while the Federal Circuit expressed concern with the Board’s practice of joinder and expanded panels in Nidec Motor v Zhongshan Broad Ocean Motor, said it abused its discretion... By Michael Loney September 07 2017
Federal Circuit to answer “serious questions” about PTAB joinder and panels A concurring opinion in Nidec Motor v Zhongshan Broad Ocean Motor critical of the PTAB’s position on joinder and expanded panels suggests the Federal Circuit will further scrutinise these issues in future decisions By Michael Loney September 07 2017
In Re Brunetti, Nintendo, hashtag trade marks, Blackbird Technologies, patent applicati... Federal Circuit oral arguments over scandalous and immoral marks, a jury awarding $10m against Nintendo, hashtag trade mark applications increasing 64%, data on cited references in patent applications, a profile of Bl... By Michael Loney September 06 2017
Federal Circuit to hear USPTO attorneys' fees issue en banc Parties have been asked to brief on the issue of whether Section 145’s “[a]ll the expenses of the proceedings” provision authorises an award of the USPTO’s attorneys’ fees, after the Federal Circuit ordered a sua spon... By Michael Loney September 06 2017
Assessing Trump’s USPTO director nominee, Andrei Iancu USPTO director nominee Andrei Iancu has broad experience of patent litigation and PTAB proceedings. But observers are unclear about his views on a number of issues By Michael Loney September 06 2017
Women in IP interview: Gabriela Kennedy For the Women in IP network, Mayer Brown JSM’s Gabriela Kennedy speaks to Alice O’Donkor about the growth of e-commerce, IP litigation and enforcement in China By Alice O'Donkor September 05 2017
