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  • The Supreme Court of Canada will rule on the controversial issue of the “promise of the patent”. Practitioners are hoping for guidance on whether the doctrine is valid for analysing a patent’s utility, say Michael Loney and Natalie Rahhal
  • The Patent Trial and Appeal Board has narrowed its definition of what constitutes a covered business method, causing a fall in filing, but the treatment varies by panel. The Federal Circuit may provide more clarity in its upcoming Unwired Planet v Google opinion, practitioners tell Michael Loney
  • In a first for its 100-day pilot programme, the ITC has invalidated a patent involved in a $100m iPod-related settlement a decade ago. In a separate ruling, the Commission has ruled that Fitbit did not misappropriate Jawbone’s trade secrets
  • In May 2016, the government authority the Beijing Intellectual Property Office (Beijing IPO) published a decision affirming that Apple's iPhone 6 and iPhone 6 Plus infringe a Chinese design patent number ZL201430009113.9, owned by a Shenzhen Baili Marketing Service Co Ltd. The Beijing IP Office's decision orders Apple to stop selling the iPhone. Apple has reportedly brought a lawsuit to seek judicial review of this administrative decision. The case is pending.
  • Since it was invented by Thomas Edison in 1879, the incandescent filament lamp had played the leading part in the illumination field for more than a century. However, in the 1990s, Nichia Corporation made a breakthrough by succeeding in the practical use and mass-production of blue LED for the first time in the world and achieved a paradigm shift in the illumination field by the practical use and mass-production of white LED. This case is about the essential patent for the blue LED.
  • Bonita Trimmer and Giles Parsons provide a cross-EU survey of the geographical factors in the assessment of genuine use of an EUTM
  • In accordance with Article 69 EPC and the corresponding Article XI.28 of the Belgian Code of Economic Law, the scope of a granted patent is determined by the claims, and the description and drawings are to be used to interpret the claims. Similar to the Protocol on the Interpretation of Article 69 EPC, the Belgian Article XI.28 specifies that, for the purpose of determining the extent of protection conferred by a patent, due account shall be taken of any element which is equivalent to an element specified in the claims. This is the so-called doctrine of equivalence. This doctrine can be used by the patentee to claim a broader scope of protection in infringement proceedings.
  • InnovFest unBound 2016 was a show of strength for start-up businesses in the media and digital healthcare industries. It is the flagship event in the weeklong Smart Nation Innovations event series that seeks to throw a spotlight on Asia's culture of innovation, highlight new technologies and provide a platform for forging new business relationships.
  • As explained in previous briefings, the New Argentine Civil and Commercial Code, in effect as of August 1 2015, includes, when addressing different issues, regulations referred to intellectual property. That is the case of regulations that govern agreements and among those agreements is the concession agreement.
  • In its "Filmscanner" judgment, the Bundesgerichtshof (BGH) deals with the question whether parties to a research and development cooperation owe a warranty obligation with regard to a shortcoming in the technical concept which prevents completion of the development. Moreover, the court deals with the treatment of such a conceptual shortcoming in case of divestment of the contractual legal position to a third party, where the decisive question is whether the third party can rescind the purchase agreement due to the failure of the development project resulting from the deficiency of the technical concept.