MIP Search | Managing Intellectual Property

Zambia judgment casts doubts on international registrations

A Zambian High Court has ruled that the Zambian Trade Mark Act does not recognise unregistered well-known marks. Wayne Meiring explains why this judgment may also affect international trade mark registrations in Zambia

Managing IP Correspondent, 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 motion to amend

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

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 intangible capital"

November 22 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 to discuss remanded cases

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 decided TC Heartland, the venue defense … based on TC Heartland’s interpretation of the venue statute was not ‘available’”

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

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 dispute between Fish IP and Fish & Richardson, Blackberry announcing a licensing deal with Teletry, and an analysis of the percentage of PTAB cases tied to district court litigation

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

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 Perkins Coie analyse recent stay statistics

November 15 2017

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