Analysing SCOTUS oral arguments in Oil States and SAS Institute US Supreme Court Justices seemed divided during arguments for Oil States v Greene’s Energy and SAS Institute v Matal. Patent lawyers have been busy making predictions about how the court will rule in the two cases, wh... By Michael Loney November 30 2017
Uber, Waymo, Apple, Qualcomm, International Trade Commission, Michelangelo's David, tra... Recent intellectual property news included the postponement of the Waymo-Uber trial, a patent infringement countersuit from Apple against Qualcomm, an ITC clarification of the domestic industry requirement for unregis... By Michael Loney November 30 2017
European Commission releases counterfeiting and SEPs measures The European Commission has presented a number of measures aimed at protecting intellectual property rights, including recommendations for fighting counterfeits and creating a balanced system for standard essential pa... By Michael Loney November 29 2017
PTAB releases Aqua Products guidance on motions to amend The Patent Trial and Appeal Board confirms that In light of the Aqua Products decision it will not place the burden of persuasion on a patent owner with respect to the patentability of substitute claims presented in a... By Michael Loney November 28 2017
Beijing IP court launches WeChat e-litigation and mediation service Chinese courts are making use of technology to improve efficiency By Karry Lai November 28 2017
Michael Shore vows to “take a wrecking ball to the IPR system” The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe said at the IP Dealmakers Forum that other companies are “lining up to do deals” and that universities’ endowment funds are int... By Michael Loney November 22 2017
WIPO study sheds light on value of "intangible capital" in manufactured goods WIPO Director General Francis Gurry says intangible capital determines success in the marketplace. "Intellectual property, in turn, is the means by which companies secure the competitive advantage flowing from their i... By Michael Loney November 22 2017
Finjan, Blue Coat, Fox Television, design patents, Polaroid, Fujifilm, CASE Act, Comic-... Recent US intellectual property news included a mixed jury verdict in Finjan and Blue Coat’s dispute, the Ninth Circuit Court of Appeals ruling in the trade mark case over Fox’s Empire programme, a TRO being issued in... By Michael Loney November 22 2017
Confidentiality clubs becoming more common in Indian patent disputes IP practitioners see a trend of using confidentiality clubs in patent litigation cases to safeguard sensitive information, as demonstrated by the Delhi High Court’s recent grant of such a request in a dispute between ... By Karry Lai November 21 2017
Interview: Fish & Richardson’s Dorothy Whelan on pharma PTAB proceedings Dorothy Whelan, co-chair of Fish & Richardson’s post-grant practice group, has been involved in high-profile cases such as the first IPR decisions that invalidated Humira patents. As part of the Women in IP series, Wh... By Michael Loney November 17 2017
PTAB revises procedures for Federal Circuit remands The Patent Trial and Appeal Board has revised the “Standard Operating Procedure 9 (SOP9)” for cases remanded from the Federal Circuit, including requiring panels to meet with the PTAB chief, deputy chief or a delegate... By Michael Loney November 17 2017
Federal Circuit says TC Heartland changed the law The Federal Circuit has granted Micron’s mandamus petition stating: “We conclude that TC Heartland changed the controlling law in the relevant sense: at the time of the initial motion to dismiss, before the Court deci... By Michael Loney November 16 2017
USPTO to increase fees, including 72% IPR request fee change The USPTO has released a final rule detailing fee increases to go into effect in January. The combined cost of an inter partes review request and institution at the Patent Trial and Appeal Board will go up to $30,500 By Michael Loney November 16 2017
Apple, ITC, Bob Goodlatte, Fish IP, Fish & Richardson, Blackberry, PTAB – the week in IP Recent US intellectual property news included the ITC initiating an investigation into alleged patent infringement by Apple, Representative Goodlatte announcing he will not seek reelection, the end of a trade mark dis... By Michael Loney November 15 2017
India’s Supreme Court pushes for faster IPR suits Delhi High Court has been given eight weeks to finalise rules and practice changes to dispose with IPR suits faster, a move that is expected to benefit litigants By Karry Lai November 15 2017
Analysing the assessment of novelty post-Actavis The Patent Court recently issued the first application of the UK Supreme Court’s Actavis v Eli Lilly ruling. Arnold J considered the impact on novelty of the doctrine of equivalents By Michael Loney November 15 2017
District court stays pending IPR/CBM/PGR: a review of the past 12 months Overall success rates of motions to stay district court litigation pending review at the Patent Trial and Appeal Board have dropped noticeably in the past fiscal year. Christopher Hanewicz and Truscenialyn Brooks of P... By Michael Loney November 15 2017
IP trends to watch in China’s Belt and Road Initiative China’s ambitious initiative will likely lead to it being a hub for securing IP protection for businesses investing in Belt and Road Initiative projects. It will also affect enforcement strategies, with IP disputes ex... By Karry Lai November 14 2017
PTAB requests tribal immunity briefs, House holds hearing The Patent Trial and Appeal Board has asked for amicus briefing on whether tribal ownership immunises a patent from IPR challenges, while a House of Representatives subcommittee held a hearing on sovereign immunity an... By Michael Loney November 09 2017
Qualcomm, PTAB, Allergan, Samsung, Apple, Google, USTR, USPTO – the week in IP Recent US intellectual property news included Broadcom’s takeover bid for Qualcomm, the PTAB’s request for briefing over Allergan’s Native American tribe deal, the Supreme Court’s denial of Samsung’s appeal of a $120m... By Michael Loney November 08 2017
PTAB round-up: steady filing; Aqua Products fall-out; precedential and informative deci... October at the Patent Trial and Appeal Board saw a levelling out of petition filing, the first ever extension of the final written decision deadline for good cause, and one precedential and three informative PTAB deci... By Michael Loney November 08 2017
Flo & Eddie, USPTO, Booking.com, Oil States, Federal Circuit, trade secrets – the week ... Recent intellectual property news included a Florida Supreme Court ruling on pre-1972 sound recordings in the Turtles copyright case, the USPTO being awarded fees in a TTAB case despite Booking.com winning, the filing... By Michael Loney November 02 2017
