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IP disputes involving the Star Wars franchise, the correct way to analyse patent litigation, the USPTO being sued for allegedly violating a trade mark filer’s Constitutional rights, IP licensing companies’ tough year, Spotify facing another class action, and David Bowie’s copyright legacy were in the IP headlines this week

Correspondents in Australia, Canada, Germany, the UK and the US review the law and recent developments on threats of proceedings for IP infringement that are groundless or may interfere with business activity

In our regular round-up, we summarise recently-announced partner and national IP office moves in the Americas, including hires by the USPTO, Pryor Cashman, AIPLA, Orrick, Mayer Brown, Perkins Coie and Baker McKenzie, as well as two law firm mergers

In the first of a series of articles looking at hypothetical scenarios involving the UPC, Wouter Pors considers a case involving an implementation patent in the electronics industry

As the clock ticks down to the launch of the Unified Patent Court, interest is increasing in how the yet-to-be-appointed judges will handle cases, who they will be and what impact the UPC will have in Europe

In this guest blog post, Patrick Kilbride, executive director, international intellectual property at the US Chamber of Commerce, emphasises the need for a common, global approach to IP policy

The SUEPO union representing EPO examiners is staging a march in a protest against the Office's management, and its President Benoit Battistelli, after three staff were disciplined

Judge John Love of the Eastern District of Texas has recommended granting a Section 101 motion against plaintiff Rothschild Location Technologies, which filed 33 patent cases in the district in 2015

A drop in US trade mark litigation in 2015, a Federal Circuit hearing of an Apple and Samsung dispute, a judge ruling a monkey does not own copyright in a selfie, artist Richard Prince being sued, the copyright of Anne Frank’s diary, and the latest patent news from the hoverboard market were in the IP headlines this week

Austria, like Germany, has had for many decades a dual system for judging patent infringement: infringement itself is the realm of the Commercial Courts (or Penal Courts) while nullity of the underlying patent can only be stated by the Patent Office and its Appellate Courts. Such a nullity decision has then an effect erga omnes which means that the patent is struck out of the registers. That split is mitigated in that the Appeal Courts judging the infringement question are the same as those for the Patent Office decisions and usually decide on nullity prior to their judgment concerning infringement. Only in the proceeding for an interlocutory injunction has the Court to judge nullity of the patent itself as a preliminary question. But very often the patent is upheld in this procedure and the percentage of uncertainty of the Court about it is expressed by the level of security payment imposed on the plaintiff.