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The Federal Circuit has found invalid three Smartflash patents that an Eastern District of Texas jury had awarded $530m in damages for Apple infringing in 2015. The appeals court said Smartflash’s asserted claims are analogous to Ultramercial and distinct from DDR Holdings.

Google’s request for a writ of mandamus to transfer a case brought by Eolas Technologies to the Northern District of California from the Eastern District of Texas has been granted, with the Federal Circuit citing “a clear abuse of discretion”

Inspired by Valentine’s Day last month, Managing IP invited our Twitter followers to compose IP-related love poems, and received dozens of responses, from the beautiful to the bitter. Utynam has picked his favourites to share with you

EU Council ministers discuss Unitary Patent and UPC, Italy ratifies the UPC Agreement (UPCA), UK government publishes Brexit strategy document and answers questions on its UPCA ratification commitment

Patent owners have found it tough to meet the requirements for motions to amend claims in PTAB post issuance review proceedings. Binal J Patel, J Pieter van Es and Kimberly S Devine examine the eight decisions where such motions have been granted

The Federal Circuit has concluded “the patent at issue is outside the definition of a CBM patent that Congress provided by statute” in its Secure Axcess v PNC Bank National Association ruling. Judge Lourie wrote a dissent, backing up the PTAB’s determination

Genentech filing a biosimilars complaint against Amgen, SiriusXM being granted summary judgment in a pre-1972 copyright case in New York, filing in the Eastern District of Texas slumping, Donald Trump being approved for a trade mark for his name in China, and BlackBerry suing Nokia for patent infringement were in the recent intellectual property news

The Supreme Court has reversed the Federal Circuit in Life Tech v Promega, ruling that manufacture and exportation of a single component of a patented invention assembled in another country is not enough for infringement in the US. However, as a concurring opinion and observers note, the court did not indicate how much more than one is enough

Enforcement of IP rights can sometimes culminate in litigation. In Canada, as in most jurisdictions, litigation related to IP is rarely inexpensive, with significant costs incurred for both counsel fees and for disbursements as varied as travel, scientific testing and the engagement of expert witnesses. Fortunately, in Canada successful parties are generally entitled to compensation for the costs of bringing their case. Indeed, most IP litigation in Canada occurs in the Federal Courts which have recently evinced an increasing willingness to ensure the adequacy of that compensation even in the most complex cases.