MIP Search | Managing Intellectual Property

China proposes pharmaceutical patent linkage scheme

The China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio

Karry Lai, July 24 2017

The practical significance of Eli Lilly v Actavis

UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also introduced a general doctrine of prosecution history estoppel. Kingsley Egbuonu analyses the decision and its impact on law and practice in the UK

Kingsley Egbuonu, July 24 2017

CITMA publishes position paper on Brexit

The association representing chartered UK trade mark attorneys has set out its wish list for registered trade marks and designs post-Brexit. It is also campaigning for representation rights after the UK leaves the EU

July 21 2017

News and photos from IP Out event in London

IP Out hosted a seminar and networking event at the London office of Fieldfisher on July 18

Managing IP Correspondent, July 20 2017

Monkey selfie, Teva, Apotex, CRISPR patent pool, Eli Lilly, Jawbone, Shipping and Transit – the week in IP

The 9th Circuit hearing the latest instalment in the monkey selfie story, a Teva trade secret suit, the Broad Institute joining discussions to create a CRISPR patent pool, Eli Lilly settling a Cialis dispute with generics, Shipping and Transit being ordered to pay attorneys’ fees twice in a week and the value of Jawbone’s portfolio were in the recent intellectual property news

July 18 2017

Amazon wins review of new gTLD application

An independent review panel has recommended that Icann review its decision denying Amazon's applications for the .amazon gTLD, and corresponding gTLDs in Chinese and Japanese characters

July 18 2017

House Judiciary Committee members call Judge Gilstrap “reprehensible”

US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”

July 17 2017

US Supreme Court 2 Credit Joao Fernandes 168

Michigan court awards Stryker enhanced damages after Supreme Court remand

A Western District of Michigan judge has reaffirmed his award of triple damages in Stryker v Zimmer after the Supreme Court changed the test for wilful infringement last year. The total award is $248.7 million

July 14 2017

Broken promise doctrine in Canada poses questions for courts

The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved

July 13 2017

Canada’s Federal Court upholds interim tariff in Access Copyright ruling

York University is required to pay the interim tariff established by the Copyright Board of Canada in 2010, Canada’s Federal Court rules in Access Copyright v York University. The court said the tariff is “mandatory, not voluntary”

July 12 2017

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