October 17, 2018
The Ninth Circuit’s Stairway to Heaven decision on September 28 offers a better application of the inverse ratio rule, according to one observer
October 16, 2018
Managing IP rounds up some of the biggest developments from the 2018 AIPPI World Congress in Cancun at the end of September
IP practitioners explain the must-haves in technology licensing agreements and why TIER could be a potential source of trouble
2018 is on course to have the lowest petition filing rate since 2013. The third quarter included the impact of SAS on institution decisions, an update to the AIA Trial Practice Guide, the departure of the PTAB chief judge and the creation of a Precedential Opinion Panel
October 12, 2018
A new Docket Navigator report assesses the impact of TC Heartland on the most popular districts for patent litigation, the number of patent cases and which districts are being affected by venue challenges
October 11, 2018
The UK Court of Appeal has rejected a catalogue retailer’s infringement claim against a US company of the same name for directing adverts to UK consumers that end up on its site by mistake
Are US hashtag marks registrable, enforceable, or worth it? Ellie Mertens investigates
October 10, 2018
The Dusseldorf District Court has overturned several preliminary injunctions against generics companies after ruling that a supplementary protection certificate did not meet SPC Regulation Article 3C requirements
The final rule changes the claim construction standard used by the PTAB to the Phillips standard used in district courts. Practitioners predict a surge in filing before it becomes effective in November
The European Patent Office has appointed Stephen Rowan as vice-president for its patent granting process
A reply by an anonymous writer with extensive knowledge of UPC and EU law to the Max Planck Institute’s impact study of Brexit on the UPC has contended that parts of the study are based on the wrong assumptions and are attacking the project. The author tells Managing IP about the reply’s main arguments
October 08, 2018
The Supreme Court has already taken on one patent case and two copyright cases. We preview those and ask what other intellectual property cases have a chance of being granted cert
October 05, 2018
The UK Intellectual Property Office has received funding that will enable it to examine how artificial intelligence could aid filing processes
Advocate general says when a generics company sends an amended summary of product characteristics with a carve out to the authorisation authority, that act has the effect of limiting marketing authorisation
A new paper has concluded that the UK cannot stay in the UPC after Brexit. Managing IP speaks to the author and in-house and private practice lawyers to unpack the important points of the research
October 04, 2018
In Rimini Street v Oracle, the definition of “full costs” awarded to prevailing parties by the Copyright Act is disputed. IP practitioners weigh in on whether the court will decide it includes only taxable costs or non-taxable costs as well
Vincent Violago and Nikko Quevada discuss the various types of bias in machine learning algorithms and the data used to train the algorithms. They also analyse patents directed to bias mitigation, as well as the reasons machine bias is difficult to identify and eliminate
AWA Asia’s IP strategy and patent team in Beijing looks at the China FinTech market, discusses available IP protection mechanisms and considers how revised guidelines could provide opportunities to protect technology in this rapidly developing sector
Dmitry Andreev discusses issues in patenting blockchain-related technologies, and explains how to avoid the most common grounds of rejection
European in-house IP counsel tell Patrick Wingrove about the prospects and problems of individual treatments, particularly as AI plays a bigger role in making them
New data reveals that findings of invalidity have dropped since Berkheimer, the most important US subject matter eligibility case of 2018. Ellie Mertens and Michael Loney investigate
Patrick Wingrove analyses the most-important recent trade mark-related rulings from the CJEU, including cases involving Nestle, Puma, Louboutin and Red Bull
David Stone discusses the difficulties of registering and enforcing shape trade marks in the European Union
Higher patent damages may be more achievable in the US now. Ellie Mertens reveals the highest awards so far this year
September 2018
Switching to MIP International