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Overall success rates of motions to stay district court litigation pending inter partes review at the Patent Trial and Appeal Board dropped noticeably in the past fiscal year. Christopher Hanewicz and Truscenialyn Brooks of Perkins Coie analyse recent stay statistics, including comparing by district and judge

The USPTO's Trademark Trial and Appeal Board (TTAB) issued a precedential decision in In re Tapco International Corporation in which it clarified the test for determining whether a mark is deceptive. The USPTO Examiner issued a refusal to register trade mark applications filed by Tapco for the marks KLEER ADHESIVES (covering plastic building products) and KLEER MOULDINGS and KLEER TRIMBOARD (each of which covered building materials made of wood) on the basis that such marks were deceptive and Tapco appealed such refusal to the TTAB.

User testing for new patent system can be expected in early 2018. One implementation challenge will be that there are not enough technical people to do patent examinations in Hong Kong

The Federal Circuit has ruled that Sandoz did not forfeit its preemption defence and the BPCIA preempts state law remedies in its biosimilars dispute with Amgen. The decision makes clear that brand biologic companies have no remedies available against a biosimilar applicant who is refusing to engage in the patent dance

The Federal Circuit has overturned the TTAB’s rejection of a trade mark application for “FUCT”, ruling it an unconstitutional restriction of free speech

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 motion to amend

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, which could dramatically change how the Patent Trial and Appeal Board operates

Guanyang Yao and Qi Hu discuss recent cases, issues and developments in patent damages awards in China

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 interested in getting involved. Shore outlined why he believed these types of deals are here to stay

Associations including CITMA, ECTA, INTA and MARQUES have published position papers discussing IP rights when the UK leaves the EU in March 2019. Managing IP looks at the biggest issues, including registered EU rights, pending applications, exhaustion and representation