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Patent Archive


  • Judge criticises Allergan’s Native American tribe deal, invalidates Restasis patents

    October 18, 2017

    Judge Bryson in the Eastern District of Texas has noted “serious concerns” about Allergan transferring patents to the Saint Regis Mohawk Tribe to benefit from sovereign immunity but joined the tribe to litigation against Mylan and Teva – “Allergan’s tactic, if successful, could spell the end of the PTO’s IPR program”

  • Apple’s patent loss against VirnetX bumped up to $439m

    October 18, 2017

    The Eastern District of Texas has added $137.3 million of wilful infringement enhanced damages, interest, costs and attorney fees to a jury award of $302.4 million

  • Federal Circuit vacates injunction in Amgen’s dispute with Sanofi

    October 11, 2017

    The permanent injunction granted by the District of Delaware in the dispute between Amgen and Sanofi/Regeneron over cholesterol-lowering treatment has been vacated, in a decision that also included some implications for the USPTO’s practice of granting broad antibody claims

  • Campinos confirmed as next EPO president

    October 11, 2017

    The EPO's Administrative Council has elected António Campinos to succeed Benoit Battistelli as president for a five-year term starting from July 1 2018

  • Interview: Jesper Kongstad, former chair of the EPO Administrative Council

    October 10, 2017

    Jesper Kongstad has stepped down as head of Denmark's Patent and Trade Mark Office and joined IP firm Zacco. In this interview, he reflects on recent changes and challenges for national IP offices and the EPO

  • Analysis: Was the Federal Circuit’s Aqua Products opinion a wash out?

    October 06, 2017

    The Federal Circuit’s en banc Aqua Products v Matal ruling has been described as “a complete non-event” and “a real mess” that “did little to resolve the big questions” surrounding the PTAB's treatment of motions to amend. However, it did shift the burden of persuasion to the petitioner, while some believe the Chevron implications of the decision are most interesting

  • Federal Circuit issues narrow en banc Aqua Products opinion

    October 04, 2017

    The long-awaited Aqua Products ruling is narrow – a result of different views on the judgment and the rationale that should be employed. The matter is remanded for the PTAB to consider the patentability of the proposed substitute claims without placing the burden of persuasion on the patent owner

  • Data: ED of Texas’s post-TC Heartland share of US patent cases falls to 16%

    October 04, 2017

    The Eastern District of Texas’s share of US district court patent cases in 2017 has fallen to 16% post-TC Heartland from 34% before, while overall patent case filing is on course to fall 13% for the full year compared to 2016, reveals data from Unified Patents

  • PTAB filling falls in Q3 but still on track for record year

    October 04, 2017

    The third quarter had the fewest Patent Trial and Appeal Board petitions since the first quarter of 2016. In September, the Board designated one of its decisions as informative and also granted a rare rehearing in an IPR involving the Coalition for Affordable Drugs

  • Myanmar prepares for new IP laws

    October 03, 2017

    The creation of a comprehensive IP regime is finally on the horizon in Myanmar. In July, draft bills on trade mark, copyright, patent and industrial design were sent to the legislative committee for deliberation. Implementing regulations are expected to come in later this year. Local lawyers believe that the trade mark law will have the most take up for brand owners. However, they share concerns of the judiciary’s lack of specialised IP experience

  • Takeaways from the Federal Circuit’s Cray patent venue guidance

    September 29, 2017

    Federal Circuit guidance on patent venue provided when granting a writ of mandamus in In Re Cray made clear that typical work-from-home employee will not create a “regular and established place of business” but it’s possible some remote offices will create venue. Cray will also likely affect Delaware’s recent guidance on venue

  • Delaware jury awards Amgen $70m in patent dispute with Hospira

    September 28, 2017

    Amgen has been awarded $70 million in a dispute over a Pfizer subsidiary’s biosimilar of the Epogen treatment for anaemia

  • A CRISPR patent pool – are we any closer?

    September 28, 2017

    A plan to launch a CRISPR patent pool has only attracted a few patent holders so far. Robyn Trigg and Marc Döring examine how it would work, and whether it will take off

  • Belgium applies function-way-result test

    September 28, 2017

    Philippe Campolini and Peter Blomme review the Belgian approach to equivalents and prosecution history, and discuss whether Actavis v Eli Lilly might influence future cases

  • How French courts have approached the DoE

    September 28, 2017

    In Actavis v Eli Lilly, the UK Supreme Court adjudicated on the French law on patent infringement. But, asks Celine Bey, did it do so correctly?

  • Convergence between Germany and UK

    September 28, 2017

    The doctrine of equivalents is well established in Germany. It’s good news that the UK courts are moving in the same direction, argues Philipp Widera

  • Actavis v Eli Lilly brings new questions in the UK

    September 28, 2017

    Is the UK Supreme Court’s decision in Actavis v Eli Lilly a radical change to English patent law? Brian Cordery, Annsley Merelle Ward and Adrian Chew say it may not be quite as simple as that

  • Keep your patent litigation strategy flexible

    September 28, 2017

    How do US, UK and EPO tribunals compare when it comes to patent infringement disputes? Ilya Kazi contrasts tactics and procedures, drawing on lessons from recent cases

  • Stark declines to enhance Idenix’s record $2.5bn patent damages award

    September 27, 2017

    District of Delaware says additional sanction is not warranted in Idenix v Gilead “given that the result of that misconduct is a cure for a potentially-fatal disease afflicting millions of people around the world, and given that the jury's damages award is already the largest damages verdict ever returned in a patent trial”

  • Signs of life for doctrine of equivalents in the US

    September 27, 2017

    Some recent Federal Circuit decisions as well as a petition to the Supreme Court suggest the doctrine of equivalents is not dead in the US, despite a declining number of decisions referencing the doctrine since Warner-Jenkinson in 1997

  • New IP firm launched in Europe

    September 26, 2017

    A new IP law firm, AIPEX, seeks to provide a unique IP service by offering a one-stop service through its independent member firms in 11 European locations

  • How Allergan’s Mohawk tribe patent deal could blow up the IPR system

    September 21, 2017

    If successful, Allergan’s eye-catching gambit of seeking to cancel PTAB proceedings by assigning patents to the Saint Regis Mohawk Tribe would be a blueprint for others to follow. But will the PTAB rule that sovereign immunity applies in this case?

  • Federal Circuit rejects Gilstrap’s test for patent venue

    September 21, 2017

    The Federal Circuit has reversed an Eastern District of Texas refusal to transfer the Cray case, and rejected Judge Gilstrap’s test for determining patent venue. This includes the appeals court stating there must be a physical, geographical location in the district from which the business of the defendant is carried out

  • Judge Stark’s patent venue guidance has far-reaching implications

    September 21, 2017

    Judge Leonard Stark of the District of Delaware has issued two rulings on motions to transfer that provide guidance for Hatch-Waxman and other patent litigation. This included ruling “regular and established place of business” requires a physical place of business in the district

  • Interview: Julie Desrosiers

    September 18, 2017

    Fasken Martineau's global IP and technology leader Julie Desrosiers speaks to Women in IP about patent litigation in Canada, the utility test and the benefits of team work

  • Interview: Say Sujintaya

    September 18, 2017

    In the latest Women in IP interview, Alice O’Donkor speaks to Say Sujintaya, who chairs Baker McKenzie’s Asia Pacific IP group, about the TPP Agreement, Thailand joining the Madrid Protocol and leaving a legacy

  • Ropes & Gray hires PTAB chair from Oblon, and other US people moves

    September 12, 2017

    Managing IP’s regular update of people moves includes hires by Ropes & Gray, Norton Rose Fulbright, Honigman Miller Schwartz and Cohn, Hogan Lovells, Wolf Greenfield, Shook Hardy & Bacon and BakerHostetler. These include new roles for two former AIPLA presidents

  • European Commission makes Brexit IP proposal

    September 12, 2017

    Patent and trade mark attorneys have welcomed the European Commission's plans for unitary IP rights after Brexit

  • Key points of Australia's proposed IP reforms

    September 12, 2017

    Reforms are coming in Australia as the government responds to the Productivity Commission inquiry into IP arrangements

  • PTAB August round-up: Filing down; Federal Circuit criticises PTAB in two opinions; ruling on standing

    September 07, 2017

    126 PTAB petitions were filed in August, while the Federal Circuit expressed concern with the Board’s practice of joinder and expanded panels in Nidec Motor v Zhongshan Broad Ocean Motor, said it abused its discretion for failing to consider material evidence in Ultratec v CaptionCall, and ruled that an IPR petitioner doesn’t need to satisfy Article III standing requirements to participate in a patent owner’s appeal in Personal Audio v EFF

  • Federal Circuit to answer “serious questions” about PTAB joinder and panels

    September 07, 2017

    A concurring opinion in Nidec Motor v Zhongshan Broad Ocean Motor critical of the PTAB’s position on joinder and expanded panels suggests the Federal Circuit will further scrutinise these issues in future decisions

  • Federal Circuit to hear USPTO attorneys' fees issue en banc

    September 06, 2017

    Parties have been asked to brief on the issue of whether Section 145’s “[a]ll the expenses of the proceedings” provision authorises an award of the USPTO’s attorneys’ fees, after the Federal Circuit ordered a sua sponte rehearing en banc of Nantkwest v Matal

  • Women in IP interview: Gabriela Kennedy

    September 05, 2017

    For the Women in IP network, Mayer Brown JSM’s Gabriela Kennedy speaks to Alice O’Donkor about the growth of e-commerce, IP litigation and enforcement in China

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