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In the Supreme Court argument in Kimble v Marvel, several Justices appeared hesitant to overrule Brulotte's restrictions on royalty agreements that extend past a patent's expiration. Managing IP was there for the blow-by-blow

With a large portfolio, it can be hard to find the jewels. Terry Ludlow provides six strategies for determining patent value and a six-point plan for finding potentially valuable patents

Litigants sparred in court over whether digital information constitutes an "article" within the scope of the ITC's jurisdiction, in the closely-watched ClearCorrect case involving teeth straighteners

We are hosting a webinar next month to introduce the research for, and answer your questions about, the next edition of Managing IP’s IP Stars

When faced with a claim of trade mark infringement, a defendant might avoid or minimise liability if it can establish the equitable defence of acquiescence. A defensive claim of acquiescence may be available where the trade mark owner has affirmatively represented to the defendant that the mark at issue may be used and the defendant relies on that representation to its prejudice. In general, an acquiescence defence requires that a defendant satisfy three elements, namely: (1) it received assurances from the plaintiff that the defendant could use the mark; (2) it relied on such assurances; and (3) it would experience undue prejudice if it now had to cease use of the mark.

In Argentina, legislation that regulates the protection of test data (Law 24,766 Confidentiality Law, Executive Order 150/92) does not provide adequate test data protection to pharmaceutical specialities as required in Section 39.3 of the TRIPs Agreement, because it allows third-party reliance on information concerning the safety and efficacy of a product – reliance that is not authorised by the originator of the data.

The so-called trilogue comprising the European Parliament, Commission and Council have agreed a deal on EU trade mark reform. But with details still sketchy, Managing IP analyses what is clear and what is still to be revealed

In early 2015, Vietnamese authorities continued their stepped-up IP enforcement campaigns, showing a commitment to improve the IP situation against the backdrop of TPP and EU FTA negotiations. Notable cases included:

German Patent Law prohibits not only direct use of a patented invention, but also indirect use by delivery or offering for sale means relating to a substantial element of the invention, provided that the person making the delivery or offer knows, or it is obvious, that these means are both suitable and intended for use in practising the patented invention. This also applies to deliveries or offers imported to a customer in Germany.

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