Patent - newshttp://www.managingip.com/RSS.aspx?FeedID=2848©2017 Managing Intellectual Property60Patent - newsJudge criticises Allergan’s Native American tribe deal, invalidates Restasis patentsJudge 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”http://www.managingip.com/Article/3760241/Judge-criticises-Allergans-Native-American-tribe-deal-invalidates-Restasis-patents.htmlWed, 18 Oct 2017 19:00:00 GMTApple’s patent loss against VirnetX bumped up to $439mThe 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 millionhttp://www.managingip.com/Article/3760234/Apples-patent-loss-against-VirnetX-bumped-up-to-439m.htmlWed, 18 Oct 2017 18:15:00 GMTFederal Circuit vacates injunction in Amgen’s dispute with SanofiThe 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 claimshttp://www.managingip.com/Article/3758434/Federal-Circuit-vacates-injunction-in-Amgens-dispute-with-Sanofi.htmlWed, 11 Oct 2017 15:45:00 GMTCampinos confirmed as next EPO presidentThe EPO's Administrative Council has elected António Campinos to succeed Benoit Battistelli as president for a five-year term starting from July 1 2018http://www.managingip.com/Article/3758295/Campinos-confirmed-as-next-EPO-president.htmlWed, 11 Oct 2017 11:15:00 GMTInterview: Jesper Kongstad, former chair of the EPO Administrative CouncilJesper 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 EPOhttp://www.managingip.com/Article/3757932/Interview-Jesper-Kongstad-former-chair-of-the-EPO-Administrative-Council.htmlTue, 10 Oct 2017 12:15:00 GMTAnalysis: Was the Federal Circuit’s Aqua Products opinion a wash out?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 interestinghttp://www.managingip.com/Article/3757162/Analysis-Was-the-Federal-Circuits-Aqua-Products-opinion-a-wash-out.htmlFri, 06 Oct 2017 10:45:00 GMTFederal Circuit issues narrow en banc Aqua Products opinionThe 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 ownerhttp://www.managingip.com/Article/3756784/Federal-Circuit-issues-narrow-en-banc-Aqua-Products-opinion.htmlWed, 04 Oct 2017 17:00:00 GMTData: ED of Texas’s post-TC Heartland share of US patent cases falls to 16%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 Patentshttp://www.managingip.com/Article/3756764/Data-ED-of-Texass-post-TC-Heartland-share-of-US-patent-cases-falls-to-16.htmlWed, 04 Oct 2017 16:00:00 GMTPTAB filling falls in Q3 but still on track for record yearThe 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 Drugshttp://www.managingip.com/Article/3756642/PTAB-filling-falls-in-Q3-but-still-on-track-for-record-year.htmlWed, 04 Oct 2017 14:30:00 GMTMyanmar prepares for new IP lawsThe 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 experiencehttp://www.managingip.com/Article/3756278/Myanmar-prepares-for-new-IP-laws.htmlTue, 03 Oct 2017 11:30:00 GMTTakeaways from the Federal Circuit’s Cray patent venue guidanceFederal 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 venuehttp://www.managingip.com/Article/3755785/Takeaways-from-the-Federal-Circuits-Cray-patent-venue-guidance.htmlFri, 29 Sep 2017 18:15:00 GMTDelaware jury awards Amgen $70m in patent dispute with HospiraAmgen has been awarded $70 million in a dispute over a Pfizer subsidiary’s biosimilar of the Epogen treatment for anaemiahttp://www.managingip.com/Article/3755233/Delaware-jury-awards-Amgen-70m-in-patent-dispute-with-Hospira.htmlThu, 28 Sep 2017 15:30:00 GMTA CRISPR patent pool – are we any closer?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 offhttp://www.managingip.com/Article/3754532/A-CRISPR-patent-poolare-we-any-closer.htmlThu, 28 Sep 2017 11:00:00 GMTStark declines to enhance Idenix’s record $2.5bn patent damages awardDistrict 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”http://www.managingip.com/Article/3754962/Stark-declines-to-enhance-Idenixs-record-25bn-patent-damages-award.htmlWed, 27 Sep 2017 21:45:00 GMTSigns of life for doctrine of equivalents in the USSome 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 1997http://www.managingip.com/Article/3754949/Signs-of-life-for-doctrine-of-equivalents-in-the-US.htmlWed, 27 Sep 2017 17:45:00 GMTNew IP firm launched in EuropeA 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 locationshttp://www.managingip.com/Article/3754531/New-IP-firm-launched-in-Europe.htmlTue, 26 Sep 2017 17:15:00 GMTHow Allergan’s Mohawk tribe patent deal could blow up the IPR systemIf 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?http://www.managingip.com/Article/3753211/How-Allergans-Mohawk-tribe-patent-deal-could-blow-up-the-IPR-system.htmlThu, 21 Sep 2017 21:15:00 GMTFederal Circuit rejects Gilstrap’s test for patent venueThe 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 outhttp://www.managingip.com/Article/3753208/Federal-Circuit-rejects-Gilstraps-test-for-patent-venue.htmlThu, 21 Sep 2017 20:45:00 GMTJudge Stark’s patent venue guidance has far-reaching implicationsJudge 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 districthttp://www.managingip.com/Article/3753182/Judge-Starks-patent-venue-guidance-has-far-reaching-implications.htmlThu, 21 Sep 2017 18:15:00 GMTInterview: Julie DesrosiersFasken 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 workhttp://www.managingip.com/Article/3751764/Interview-Julie-Desrosiers.htmlMon, 18 Sep 2017 10:45:00 GMTInterview: Say SujintayaIn 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 legacyhttp://www.managingip.com/Article/3751752/Interview-Say-Sujintaya.htmlMon, 18 Sep 2017 10:00:00 GMTRopes & Gray hires PTAB chair from Oblon, and other US people movesManaging 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 presidentshttp://www.managingip.com/Article/3750643/Ropes-and-Gray-hires-PTAB-chair-from-Oblon-and-other-US-people-moves.htmlTue, 12 Sep 2017 21:45:00 GMTEuropean Commission makes Brexit IP proposalPatent and trade mark attorneys have welcomed the European Commission's plans for unitary IP rights after Brexithttp://www.managingip.com/Article/3750384/European-Commission-makes-Brexit-IP-proposal.htmlTue, 12 Sep 2017 13:15:00 GMTKey points of Australia's proposed IP reformsReforms are coming in Australia as the government responds to the Productivity Commission inquiry into IP arrangementshttp://www.managingip.com/Article/3750368/Key-points-of-Australias-proposed-IP-reforms.htmlTue, 12 Sep 2017 13:00:00 GMTPTAB August round-up: Filing down; Federal Circuit criticises PTAB in two opinions; ruling on standing126 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 EFFhttp://www.managingip.com/Article/3749451/PTAB-August-round-up-Filing-down-Federal-Circuit-criticises-PTAB-in-two-opinions-ruling-on-standing.htmlThu, 07 Sep 2017 23:30:00 GMTFederal Circuit to answer “serious questions” about PTAB joinder and panelsA 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 decisionshttp://www.managingip.com/Article/3749428/Federal-Circuit-to-answer-serious-questions-about-PTAB-joinder-and-panels.htmlThu, 07 Sep 2017 18:30:00 GMTFederal Circuit to hear USPTO attorneys' fees issue en bancParties 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 Matalhttp://www.managingip.com/Article/3748965/Federal-Circuit-to-hear-USPTO-attorneys-fees-issue-en-banc.htmlWed, 06 Sep 2017 16:45:00 GMTWomen in IP interview: Gabriela KennedyFor 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 Chinahttp://www.managingip.com/Article/3748191/Women-in-IP-interview-Gabriela-Kennedy.htmlTue, 05 Sep 2017 14:15:00 GMTNew Zealand joins global patent prosecution highwayThe Intellectual Property Office of New Zealand (IPONZ) became a participant patent office in the global patent prosecution highway (GPPH) on July 6. IP practitioners in New Zealand point out that the GPPH provides an accelerated option, but not acceptance of a patent. They also stress that use of the GPPH may not result in the broadest possible claims as claims need to sufficiently correspond to those found allowablehttp://www.managingip.com/Article/3746414/New-Zealand-joins-global-patent-prosecution-highway.htmlWed, 30 Aug 2017 10:30:00 GMTTrump nominates Irell & Manella’s Iancu for USPTO directorAndrei Iancu will succeed Michelle Lee as USPTO director if the US Senate confirms his nomination. He is a managing partner of Irell & Manella in Los Angeleshttp://www.managingip.com/Article/3745986/Trump-nominates-Irell-and-Manellas-Iancu-for-USPTO-director.htmlTue, 29 Aug 2017 05:30:00 GMT