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Patent Archive

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  • Court provides SEP guidance in China

    June 23, 2017

    The Beijing IP Court has issued a landmark judgment in a SEP dispute between IWNCOMM and Sony. Guanyang Yao analyses the key points

  • Is an injunction available in biosimilar cases under state law?

    June 23, 2017

    The US Supreme Court in Sandoz v Amgen remanded the question of whether an injunction is available to Amgen under state unfair competition laws. Natalie Rahhal analyses how the Federal Circuit may rule

  • STRONGER Patent Act introduced in US Senate to reform PTAB

    June 22, 2017

    The STRONGER Patent Act would reform the Patent Trial and Appeal Board and address “the continual weakening of patent rights by the courts”, according to sponsors Senators Coons, Cotton, Durbin and Hirono

  • Interview: Prudence Jahja, partner, Januar Jahja & Partners

    June 21, 2017

    In our latest Women in IP interview, Indonesian IP partner Prudence Jahja speaks to Alice O’Donkor about her tips for success and typical challenges faced by IP practitioners in Indonesia and how to overcome them.

  • Interview: Inside Impression Products’ win at the Supreme Court

    June 19, 2017

    The US Supreme Court’s recent Impression Products v Lexmark ruling made clear a product sale exhausts patent rights regardless of restrictions or location of sale. Michael Loney talks to Mayer Brown’s Andrew Pincus about how he won the case for Impression Products and what its impact will be

  • The Qatar-Gulf row: what it means for IP

    June 16, 2017

    IP lawyers from the Middle East speak to Managing IP on the recent row between Qatar and the other members of the Gulf Cooperation Council (GCC)

  • Europe Women in Business Law Awards: 2017 winners

    June 16, 2017

    The seventh annual Europe Women in Business Law Awards celebrated individuals and firms at a ceremony in London

  • Analysis – future of the PTAB on the line in Oil States case

    June 15, 2017

    The US Supreme Court would create a mess that would need Congressional action were it to find inter partes reviews unconstitutional in the Oil States case. But a reversal of the Federal Circuit in this case is less likely than in other patent cases the court has taken on recently

  • What will become of patent reform legislation post-TC Heartland?

    June 14, 2017

    The TC Heartland decision has overhauled patent venue in the US but it does not mean that efforts in Congress to address venue through legislation are dead. Politicians in the House Judiciary Committee this week, as well as some patent practitioners, believe TC Heartland was only a step in the right direction

  • IP in Asia Forum 2017 - reports from Washington DC and Palo Alto

    June 14, 2017

    Managing IP's annual IP in Asia Forums, focusing on developments in China, Japan and Korea, were held in Washington DC and Palo Alto on June 6 and 8

  • China's victims of IP infringement

    June 14, 2017

    China is viewed by many IP rights owners as the source of counterfeits. But, as Shaun Tan reports, Chinese companies are also victims of IP infringement

  • Germany's UPC Agreement ratification progress put on hold

    June 13, 2017

    The Office of the Federal President has agreed to hold off signing the approved laws necessary for the ratification of the UPC Agreement until a court case has been decided

  • SCOTUS rules biosimilar applicants can provide notice before FDA approval

    June 12, 2017

    The Supreme Court in the Sandoz v Amgen biosimilar case has ruled that an injunction is not available under federal law and an applicant may provide notice before obtaining a licence from the FDA. The ruling is a win for Sandoz, but the case was remanded for the Federal Circuit to rule on whether an injunction is still available under state law

  • US Supreme Court to rule on constitutionality of AIA trials

    June 12, 2017

    The Supreme Court has granted cert to Oil States Energy Services v Green’s Energy Group to assess whether inter partes review violates the Constitution by not providing a jury trial. It is the third PTAB case the court will hear

  • Generic company IPR study reveals “surprisingly high” institution rate

    June 12, 2017

    A Foley & Lardner study of generic drug company IPRs against pharmaceutical patents shows an increased willingness to use the PTAB, an above-average institution rate but below-average invalidation rate

  • Interview: Joan Mill of CPA Global on IP and technology

    June 08, 2017

    For our latest Women in IP interview, James Nurton talks to Joan Mill, head of sales for EMEA at CPA Global, about AI, ambition and athletics

  • Brazil’s new process for examining pharma patents faces scepticism

    June 07, 2017

    A new procedure for approving pharmaceutical patents in Brazil comes into effect on June 12 with the aim of ending the arduous double examination by the BPTO and Anvisa. Uncertainties such as whether the national health agency will be happy to be overruled by BPTO will need to be resolved to overcome doubts, however

  • Michelle Lee resigns as USPTO director

    June 07, 2017

    USPTO director Michelle Lee has resigned, with no explanation given. USPTO associate solicitor Joseph Matal has taken over her duties

  • Predicting the future for the Eastern District of Texas after TC Heartland

    June 06, 2017

    The Supreme Court’s TC Heartland v Kraft decision has been hailed as the death knell for the Eastern District of Texas, with one analysis predicting a 69% drop in filing there. But, as Natalie Rahhal reports, the picture may be more nuanced than that. The cases filed in the Eastern District since the ruling and judges’ orders on motions to transfer venue provide some clues about what to expect

  • ITC judge recommends Garmin pay $37m penalty for violating C&D orders

    June 06, 2017

    An International Trade Commission judge has recommended Garmin pay a $37m penalty for importation and sale of products featuring scanning sonar technology, which complainant Navico believes is the “largest ever” ITC recommended fine

  • PTAB round-up: Record PGR filing in May, second sovereign immunity dismissal

    June 05, 2017

    Patent Trial and Appeal Board filing in May was below average for the year, but included a record amount of PGR petitions. The month was also notable for the Supreme Court taking on a PTAB case and the Board dismissing an IPR against a state entity on sovereign immunity grounds for the second time

  • The UK General Election and IP rights

    June 02, 2017

    On June 8, the UK will vote on who becomes the next government. What are the parties’ policies on issues affecting IP rights? Alice O’Donkor reviews what the manifestoes say about creativity, investment and growth in IP

  • Interview: Revamping INPI in Argentina

    June 01, 2017

    Dámaso Pardo has been running Argentina’s patent and trademark office for almost a year. As he told Michael Loney, he has established a strategic plan with three main goals

  • US Supreme Court overturns Federal Circuit patent exhaustion stance in Impression v Lexmark

    May 31, 2017

    The US Supreme Court has ruled that patents rights in a product are exhausted after sale in the US or internationally, in a decision that included some strongly-worded pushback of the Federal Circuit. Pharmaceutical companies could be particularly affected because of their downstream licensing models

  • Dangerous inventions in China

    May 31, 2017

    China’s long had a reputation for having some unusual patent rules. There’s the aversion to business method patents, for one. There’s the unexamined utility design patents, for another

  • Unitary Patent and UPC: A progress report (May 2017)

    May 30, 2017

    UK government intends to honour ratification promise if re-elected in June; Business associations call on the UK and other EU member states to launch the system as soon as possible; UPC IT system improved; and latest UPC news on managingip.com include procedural issues and choice of representative

  • Court clarifies scope of design protection in Russia

    May 29, 2017

    Yuri Pylnev reviews a recent case in Russia that addressed the concepts of public interest and the single creative concept in design law

  • TC Heartland – initial reaction to “most significant patent law decision since Alice”

    May 26, 2017

    Filing in the Eastern District of Texas has ground to a halt, one judge has already factored it into an order and IP observers have been busy on social media debating its "seismic" impact – Managing IP collates the best reaction to the Supreme Court’s TC Heartland v Kraft ruling on patent venue

  • When client-adviser relationships go sour ...

    May 25, 2017

    The second part of our IP STARS research, based on a survey of 1,200 in-house practitioners, looks at what causes relationships to go wrong

  • SCOTUS to rule on PTAB partial institution practice in SAS Institute v Lee

    May 24, 2017

    The US Supreme Court may be set to end the Patent Trial and Appeal Board’s practice of instituting only some of the claims challenged in a petition and replace it with an “all or nothing” system, after granting cert in SAS Institute v Lee

  • The Top 250 Women in IP (2017)

    May 23, 2017

    Managing Intellectual Property IP STARS has published its annual list of the leading female IP practitioners in private practice

  • SCOTUS limits patent venue in Heartland ruling

    May 22, 2017

    Patent case filing will fall in the Eastern District of Texas following the Supreme Court’s ruling in TC Heartland v Kraft that residence of domestic corporations in §1400(b) refers only to the state of incorporation of the alleged infringer – the most important US patent decision since Alice

  • The Unitary Patent and UPC demystified (sponsored article)

    May 19, 2017

    The Unitary Patent is the biggest development in European patent law in 40 years. Justin Simpson of RWS inovia answers common questions about it

  • Hedge-fund-backed AVM “shot for the moon and missed” against Intel

    May 18, 2017

    A Delaware judge has denied AVM’s $2 billion patent infringement claim against Intel. But WilmerHale’s Bill Lee tells Managing IP Lee he expects more litigation funder-driven patent suits

  • Questions remain over UPC case management system

    May 18, 2017

    Patent practitioners will soon be using the UPC case management system. Despite two years of investment in building it, there are lots of questions about how it will work

  • Women in IP interview: Daralyn Durie

    May 17, 2017

    Durie Tangri co-founder Daralyn Durie is one of Silicon Valley’s most prominent patent trial lawyers. She talks to Natalie Rahhal about her career path and the unique challenges for a woman litigator

  • AIPLA releases Section 101 legislative proposal

    May 17, 2017

    The American Intellectual Property Law Association has revealed its long-awaited proposed amendment for subject matter eligibility. It follows similar proposals from IPO and ABA

  • ANDA patent litigation fell 32.5% in 2016

    May 11, 2017

    A report from Lex Machina reveals Hatch-Waxman/ANDA case filing dropped last year. It also ranks the busiest pharmaceutical companies and law firms for ANDA litigation

  • The Defend Trade Secrets Act: a year later

    May 11, 2017

    The Defend Trade Secrets Act has been in effect for a year, with more than 300 complaints filed in that time. James Pooley looks back on how the law has performed and analyses which issues need to be clarified

  • Why the ITC is in vogue for pharma patent disputes

    May 09, 2017

    The number of pharma patent complaints at the International Trade Commission was up greatly last year. Natalie Rahhal analyses what is driving this and what benefits the ITC brings for pharmaceutical companies

  • Global trends in life science patent litigation

    May 05, 2017

    How do the outcomes of patents cases vary in different jurisdictions? Eric Sergheraert analyses the trends revealed in a study of decisions over 10 years

  • Hostile to foreign IP rights? The numbers tell a different story

    May 04, 2017

    Foreign IP owners should not be afraid of China. George Chan and Luna Lu explain why, using recent data

  • Utynam’s Heirs

    May 04, 2017

    Utynam was pleased to attend the 25th Annual Intellectual Property Law & Policy Conference at Fordham Law School in New York last month. Here are a few memorable moments

  • The “state of the art” in PAE litigation

    May 03, 2017

    A recent Intellectual Ventures lawsuit filed with a companion ITC complaint may be a sign of what is to come in patent assertion entity litigation, with one observer describing it as “a formidable new change”. The ITC has now instituted the investigation against car manufacturers and parts makers

  • PTAB round-up: April filing slumps to lowest level for a year

    May 03, 2017

    IPR filing so far in 2017 is up on last year, but CBM and PGR filing are both down. Michael Loney analyses Patent Trial and Appeal Board petition activity in April, and highlights a rare instance of the ITC taking notice of PTAB institution decisions

  • Federal Circuit issues important Helsinn on-sale bar ruling

    May 02, 2017

    In Helsinn v Teva, the Federal Circuit has ruled the America Invents Act did not change the meaning of “on sale” and the bar applies if the existence of the sale is public, even if the details of the invention are not publicly disclosed

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