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Patent Archive

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  • Validiity of essential patent for white LED confirmed

    August 16, 2017

    Takanori Abe reviews the litigation in Germany over Nichia's patent for a white LED

  • Sprint win has lessons for “serial litigators" and damages trends

    August 16, 2017

    A Nebraska court’s August 8 decision to relieve Sprint of a $32 million damages award it had ordered Sprint to pay Prism Technologies in 2015 should be a warning to so-called serial plaintiffs, Sprint attorney Carter Phillips of Sidley Austin told Managing IP

  • Singapore proposes changes to patents regime

    August 16, 2017

    Practitioners have welcomed Intellectual Property Office of Singapore (IPOS) amendments to the patent regime to spur innovation and improve the quality of patents granted

  • CJEU judgment reshuffles litigation costs in Belgium

    August 14, 2017

    The recent CJEU judgment and subsequent national interpretation in Rovi Guides v Telenet will have a significant impact on the predictability of legal costs and should be taken into account when setting up an IP litigation strategy in Belgium, as Steven Sarlet and Ben Brigou explain

  • The latest Americas IP people moves

    August 14, 2017

    Managing IP’s regular update of people moves includes hires by Orrick, Mintz Levin, Merchant & Gould, Foley & Lardner, BakerHostetler and King & Spalding, as well as Erich Spangenberg leaving Marathon and a new INTA chief representative officer for Latin America and the Caribbean

  • Canada publishes proposed amendments to Patent Rules

    August 10, 2017

    The Canadian government has published proposed amendments to the Canadian Patent Rules for public consultation

  • July PTAB data and analysis: Filing falls, motion to amend granted on remand, Federal Circuit reverses amendment, sovereign immunity applied for third time

    August 09, 2017

    139 Patent Trial and Appeal Board petitions were filed in July. The month also included the Board granting a motion to amend on remand, the Federal Circuit vacating a granted motion to amend, and sovereign immunity as a defence to an IPR being applied for the third time

  • PTAB designates Athena Automation assignor estoppel decision as precedential

    August 09, 2017

    The Patent Trial and Appeal Board’s October 2013 decision determining that the doctrine of assignor estoppel is not an exception to Section 311(a) is the ninth to be deemed precedential

  • How UK IP firms hope to survive Brexit

    August 04, 2017

    The UK’s departure from the EU threatens to disrupt IP practice in the country – and patent and trade mark firms are already taking steps to mitigate the potential damage. James Nurton reports

  • Judge Koh rules Samsung did not waive article of manufacture issue in Apple design patent fight

    August 01, 2017

    The Northern District of California has ruled that the article of manufacture issue has not been waived in Samsung’s bid for a retrial of its design patents dispute with Apple. But Judge Koh deferred consideration of whether a new trial is necessary until further briefing

  • IP STARS Patent Handbook (2017) is now available

    August 01, 2017

    This year’s publication is the 21st edition of Managing Intellectual Property’s legal directory, and the biggest yet published

  • PTAB first-half data: Comcast tops petitioner ranking, Rovi most targeted patent owner

    August 01, 2017

    Comcast taking its dispute with Rovi to the PTAB made them the top petitioner and patent owner at the PTAB in the first half of 2017. Apple and Samsung have fallen down the petitioner rankings while Fish & Richardson, Sterne Kessler and Finnegan dropped in the law firm rankings, with Banner Witcoff, Baker Botts and Ropes & Gray making strides

  • First-half US patent litigation data and analysis – Uniloc tops plaintiff ranking

    July 31, 2017

    Natalie Rahhal analyses the top plaintiffs, defendants and law firms in the first half of 2017, and identifies some trends to watch in the second half including how NPEs and the ITC will be affected by TC Heartland

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

    July 28, 2017

    UK consents to UPC Agreement (UPCA) Protocol and will resume legislative procedure for UPCA ratification in the autumn, UPC IT team seeks user input, and Germany’s legislative steps for ratification criticised

  • USPTO shares patent subject matter eligibility feedback

    July 26, 2017

    The USPTO has released a report providing an overview of patent eligibility law and feedback it has received on the issue. A majority of commenters recommended legislative change

  • Will the Federal Circuit weigh in on Judge Gilstrap’s patent venue test?

    July 26, 2017

    Consensus is growing that TC Heartland was not a change in the law, while a mandamus petition in the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being closely watched by patent practitioners

  • China proposes pharmaceutical patent linkage scheme

    July 24, 2017

    The China Food and Drug Administration (CFDA) is planning to introduce a patent linkage scheme that will require a generic applicant to make a non-infringement declaration against an innovator’s patent portfolio

  • The practical significance of Eli Lilly v Actavis

    July 24, 2017

    UK patent practitioners are in agreement that the UK Supreme Court’s decision in Eli Lilly v Actavis introduced the doctrine of equivalents into UK patent law, but there seems to be some doubt as to whether it also introduced a general doctrine of prosecution history estoppel. Kingsley Egbuonu analyses the decision and its impact on law and practice in the UK

  • Interim USPTO director Matal makes predictions on Oil States, TC Heartland and reform

    July 21, 2017

    In an open and wide-ranging speech at the Patents for Financial Services Summit in New York, interim USPTO director Joseph Matal predicted “we are going to win” the Oil States case, TC Heartland “is not going to put the venue issue to bed” and “there will be further patent reform legislation in the coming Congress”

  • House Judiciary Committee members call Judge Gilstrap “reprehensible”

    July 17, 2017

    US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”

  • Predicting Aqua Products, evolving estoppel, expert testimony strategies – PTAB issues to watch

    July 17, 2017

    The discussions at Managing IP’s recent PTAB Forum 2017 provided some clues about the biggest issues on PTAB practitioners’ minds, including estoppel, handling remands, expert testimony strategies and predictions for two pending Federal Circuit en banc opinions

  • IP arbitration amendment bill passed in Hong Kong but hurdles remain

    July 14, 2017

    The Hong Kong government has passed amendments to the territory’s arbitration ordinance to clarify that IP rights can be the subject of arbitration

  • Patents and secrets in the chemical industry

    July 14, 2017

    Deciding whether to keep proprietary information secret or apply for a patent is a key commercial decision. Leythem Wall and Katherine Banks weigh up the options, focusing on inventions in the chemical industry

  • Michigan court awards Stryker enhanced damages after Supreme Court remand

    July 14, 2017

    A Western District of Michigan judge has reaffirmed his award of triple damages in Stryker v Zimmer after the Supreme Court changed the test for wilful infringement last year. The total award is $248.7 million

  • The latest people moves in the US

    July 13, 2017

    Managing IP’s regular update of people moves includes the latest on the new firm being established by Ropes & Gray partners, and hires by Morrison & Foerster, Crowell & Moring, BakerHostetler, Dorsey & Whitney, Steptoe & Johnson, Wolf Greenfield, McAndrews Held & Malloy and Foley & Lardner

  • Broken promise doctrine in Canada poses questions for courts

    July 13, 2017

    The rejection of the promise doctrine has brought Canada into line with other countries and been welcomed by pharmaceutical companies. It also raises questions such as how courts will determine the “subject matter of the invention” and how the enhanced disclosure requirement will be resolved

  • Dow’s record-setting Canada patent damages award explained

    July 12, 2017

    The C$645m awarded to Dow has dwarfed the previous highest Canadian patent award to Merck. The high figure is a result of the flexible and unique nature of monetary remedies in Canada

  • Doctrine of equivalents allowed in the UK

    July 12, 2017

    The UK Supreme Court has ruled that a patentee can argue that the scope of protection afforded by its patent extends beyond the ambit of the claims. In its ruling in Eli Lilly v Actavis, the Court also provided guidance on when reference to EPO prosecution file would be appropriate in interpreting a patent in infringement cases

  • Captain Morgan trade mark win, Teva section 8 damages, Health Canada misfeasance – some Canadian IP cases you may have missed

    July 10, 2017

    Canada has had two blockbuster Supreme Court decisions and a record patent damages award in the past month. But there have been other recent IP cases of interest, including a rum trade mark dispute, the reinstatement of Teva's C$125m section 8 damages and a finding of misfeasance in processing Apotex’s Apo-Trazodone drug submission

  • Record half for PTAB filing ends with 206 petitions in June

    July 07, 2017

    PTAB data and round-up: June was the second-busiest month of 2017 for Patent Trial and Appeal Board petition filing, with Halliburton Energy Services the top petitioner. The Federal Circuit issued interesting decisions on estoppel and APA requirements, while the Supreme Court Oil States case is already having an impact

  • Data – analysing TC Heartland’s impact on US patent litigation

    July 06, 2017

    Patent lawsuit filing in US district courts held up in June but plaintiffs have deserted the Eastern District of Texas, with Delaware the top venue. Natalie Rahhal analyses how US patent litigation has changed since TC Heartland, including how NPEs have responded

  • Life science strategies in the US

    July 06, 2017

    At Managing IP’s European Life Sciences Forum, Finnegan’s Jennifer Roscetti and Erin Sommers covered issues of patent eligibility in the US and tips for IPR proceedings

  • European Life Sciences Forum 2017 - key takeaways

    July 06, 2017

    Brexit, the UPC, second medical use patents, biologics and digital health were all on the agenda at Managing IP's first European Life Sciences Forum in London

  • Dow wins Canada’s largest ever reported patent infringement award

    July 06, 2017

    The Federal Court of Canada has awarded Dow more than C$645 million including prejudgment interest for Nova Chemicals infringing a patent covering polymers

  • Gilstrap sets four-factor test for Eastern District of Texas patent venue

    July 05, 2017

    In response to motions to dismiss or transfer cases based on improper venue, Judge Gilstrap of the Eastern District of Texas has laid out four factors for determining “regular and established place of business” – physical presence, defendant’s representations, benefits received and targeted interactions with the district

  • Supreme Court of Canada rejects “unsound” promise doctrine

    June 30, 2017

    In the eagerly-awaited AstraZeneca Canada v Apotex ruling, Canada’s Supreme Court has struck down the “promise doctrine” and clarified the requirement for patent utility

  • Interview: Deanna Wong, partner, Hogan Lovells

    June 30, 2017

    Deanna Wong is partner at Hogan Lovells' Beijing office and an IP practitioner with 20 years of experience in China and Hong Kong. As part of the Women in IP series, she speaks to Alice O’Donkor about the progress of IP enforcement in China, the plight of foreign brand owners and work-life balance.

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

    June 30, 2017

    Legal challenge delays Germany’s UPC Agreement ratification progress; UK government resumes ratification procedure; new start date for the UPC; IP Federation seeks clarity over the case management system; and the latest UPC-related articles on managingip.com include how indirect infringement will be interpreted

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