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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

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

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

Generally, when faced with competitor's illegal copying of a product's package, unless the design of such package is a registered design patent or a trade mark, the claimant used to rely on Article 22 of Taiwan's Fair Trade Act to seek injunctive relief. However, under the Fair Trade Act, there will be a heavy burden on the claimant to show to the judge that the asserted package is a "famous representation" that is "commonly known to the general public". Thus, if the design of a product package is eligible for copyright protection, it would be another powerful tool to combat copycats and free riders.