Filing/Prosecution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2910©2017 Managing Intellectual Property60Filing/Prosecution and PatentsSingapore proposes changes to patents regimePractitioners have welcomed Intellectual Property Office of Singapore (IPOS) amendments to the patent regime to spur innovation and improve the quality of patents grantedhttp://www.managingip.com/Article/3741865/Singapore-proposes-changes-to-patents-regime.htmlWed, 16 Aug 2017 13:15:00 GMTThe latest Americas IP people movesManaging 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 Caribbeanhttp://www.managingip.com/Article/3741026/The-latest-Americas-IP-people-moves.htmlMon, 14 Aug 2017 05:15:00 GMTAttorneys’ fees, Federal Circuit, will.i.am, EFF, Erich Spangenberg, CRISPR, Prism, Philips, ITC, Qualcomm, Apple, Aqua IP Investor Pool – the week in IPThe Federal Circuit confirming the attorneys’ fees standard is the same in patent and trade mark cases, will.i.am being denied a trade mark registration, EFF winning an appeal of its podcasting dispute with Personal Audio, Erich Spangenberg leaving Marathon, the EPO intending to grant a CRISPR patent, a $30m damages award being set aside, a $10.3m award for Philips, a pool to connect patent holders with high-growth start-ups, and the ITC taking on Qualcomm’s complaint against Apple were in the recent intellectual property newshttp://www.managingip.com/Article/3740634/Attorneys-fees-Federal-Circuit-william-EFF-Erich-Spangenberg-CRISPR-Prism-Philips-ITC-Qualcomm-Apple.htmlThu, 10 Aug 2017 19:15:00 GMTCanada publishes proposed amendments to Patent RulesThe Canadian government has published proposed amendments to the Canadian Patent Rules for public consultationhttp://www.managingip.com/Article/3740633/Canada-publishes-proposed-amendments-to-Patent-Rules.htmlThu, 10 Aug 2017 19:15:00 GMTJuly PTAB data and analysis: Filing falls, motion to amend granted on remand, Federal Circuit reverses amendment, sovereign immunity applied for third time139 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 timehttp://www.managingip.com/Article/3740239/July-PTAB-data-and-analysis-Filing-falls-motion-to-amend-granted-on-remand-Federal-Circuit-reverses.htmlWed, 09 Aug 2017 17:00:00 GMTPTAB designates Athena Automation assignor estoppel decision as precedentialThe 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 precedentialhttp://www.managingip.com/Article/3740237/PTAB-designates-Athena-Automation-assignor-estoppel-decision-as-precedential.htmlWed, 09 Aug 2017 17:00:00 GMTCRISPR, Apple, Nokia, Blockchain patents, Dominion Harbor, Quincy Jones, TC Heartland – the week in IPUC Berkeley’s appeal in its CRISPR dispute with the Broad Institute of MIT and Harvard, Apple’s $2bn payment to Nokia, Blockchain applications at the USPTO almost doubling, Dominion Harbor and Hawkeye Ventures creating a $50 million patent acquisition fund, Quincy Jones being awarded $9.4m in unpaid royalties, and a judge stating TC Heartland was a “sea change” were in the recent intellectual property newshttp://www.managingip.com/Article/3738316/CRISPR-Apple-Nokia-Blockchain-patents-Dominion-Harbor-Quincy-Jones-TC-Heartlandthe-week-in-IP.htmlWed, 02 Aug 2017 00:15:00 GMTIP STARS Patent Handbook (2017) is now availableThis year’s publication is the 21st edition of Managing Intellectual Property’s legal directory, and the biggest yet publishedhttp://www.managingip.com/Article/3737989/IP-STARS-Patent-Handbook-2017-is-now-available.htmlTue, 01 Aug 2017 10:30:00 GMTPTAB first-half data: Comcast tops petitioner ranking, Rovi most targeted patent ownerComcast 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 strideshttp://www.managingip.com/Article/3737885/PTAB-first-half-data-Comcast-tops-petitioner-ranking-Rovi-most-targeted-patent-owner.htmlTue, 01 Aug 2017 00:30:00 GMTCopycat car makers and the role of design rightsIn a guest post, Matthew Jones of EIP discusses the role of design rights for automobile manufacturershttp://www.managingip.com/Article/3737750/Copycat-car-makers-and-the-role-of-design-rights.htmlMon, 31 Jul 2017 15:15:00 GMTUnitary Patent and UPC: A progress report (July 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 criticisedhttp://www.managingip.com/Article/3737742/Unitary-Patent-and-UPC-A-progress-report-July-2017.htmlFri, 28 Jul 2017 10:00:00 GMTApple, WARF, Qualcomm, Google, Richard Prince, CLASSICS Act, STRONGER Patents Act, Tam – the week in IPA judge more than doubling WARF’s damages award, Qualcomm taking its Apple dispute to Europe, Google filing for a US injunction against its Canada Supreme Court loss, a judge allowing the Richard Prince copyright suit to proceed, the CLASSICS Act being introduced, the chances of success for the STRONGER Patents Act and applications for offensive trade marks were in the recent intellectual property newshttp://www.managingip.com/Article/3736664/Apple-WARF-Qualcomm-Google-Richard-Prince-CLASSICS-Act-STRONGER-Patents-Act-Tamthe-week-in-IP.htmlWed, 26 Jul 2017 21:30:00 GMTUSPTO shares patent subject matter eligibility feedbackThe 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 changehttp://www.managingip.com/Article/3736622/USPTO-shares-patent-subject-matter-eligibility-feedback.htmlWed, 26 Jul 2017 18:15:00 GMTChina proposes pharmaceutical patent linkage schemeThe 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 portfoliohttp://www.managingip.com/Article/3735722/China-proposes-pharmaceutical-patent-linkage-scheme.htmlMon, 24 Jul 2017 14:15:00 GMTThe practical significance of Eli Lilly v ActavisUK 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 UKhttp://www.managingip.com/Article/3735678/The-practical-significance-of-Eli-Lilly-v-Actavis.htmlMon, 24 Jul 2017 10:00:00 GMTInterim USPTO director Matal makes predictions on Oil States, TC Heartland and reformIn 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”http://www.managingip.com/Article/3735172/Interim-USPTO-director-Matal-makes-predictions-on-Oil-States-TC-Heartland-and-reform.htmlFri, 21 Jul 2017 10:00:00 GMTPredicting Aqua Products, evolving estoppel, expert testimony strategies – PTAB issues to watchThe 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 opinionshttp://www.managingip.com/Article/3733714/Predicting-Aqua-Products-evolving-estoppel-expert-testimony-strategiesPTAB-issues-to-watch.htmlMon, 17 Jul 2017 09:00:00 GMTThe latest people moves in the USManaging 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 & Lardnerhttp://www.managingip.com/Article/3733061/The-latest-people-moves-in-the-US.htmlThu, 13 Jul 2017 18:15:00 GMTBroken promise doctrine in Canada poses questions for courtsThe 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 resolvedhttp://www.managingip.com/Article/3733052/Broken-promise-doctrine-in-Canada-poses-questions-for-courts.htmlThu, 13 Jul 2017 17:45:00 GMTQualcomm, Apple, TTAB, High Tech Inventors Alliance, Waymo, Uber, Shipping & Transit, Federal Circuit, PTAB, Humira, Intellectual Ventures – the week in IPQualcomm filing an ITC complaint against Apple, the TTAB’s precedential opinions in 2017, eight technology companies forming an alliance, Waymo dropping patent claims in its dispute with Uber, Shipping & Transit being ordered to pay attorneys’ fees, the Federal Circuit remanding two PTAB cases and the invalidation of an AbbVie patent for Humira were in the recent intellectual property newshttp://www.managingip.com/Article/3732754/Qualcomm-Apple-TTAB-High-Tech-Inventors-Alliance-Waymo-Uber-Shipping-and-Transit-Federal-Circuit-PTAB.htmlWed, 12 Jul 2017 19:00:00 GMTCaptain Morgan trade mark win, Teva section 8 damages, Health Canada misfeasance – some Canadian IP cases you may have missedCanada 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 submissionhttp://www.managingip.com/Article/3731764/Captain-Morgan-trade-mark-win-Teva-section-8-damages-Health-Canada-misfeasancesome-Canadian-IP-cases.htmlMon, 10 Jul 2017 08:30:00 GMTRecord half for PTAB filing ends with 206 petitions in JunePTAB 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 impacthttp://www.managingip.com/Article/3731667/Record-half-for-PTAB-filing-ends-with-206-petitions-in-June.htmlFri, 07 Jul 2017 19:00:00 GMTSir Paul McCartney, Washington Redskins, Federal Circuit, Newegg, Xiaomi, Nokia, Nike, Rob Gronkowski, USPTO, Kyle Bass – the week in IPA Sir Paul MCCartney and Sony settlement, the end of the Washington Redskins’ trade marks battle, a Federal Circuit ruling that Judge Gilstrap erred by not awarding Newegg fees, Xiaomi’s acquisition of Nokia patents, a Nike opposition to a trade mark application and the USPTO’s intervention in an appeal of a Coalition for Affordable Drugs PTAB win were in the recent intellectual property newshttp://www.managingip.com/Article/3730835/Sir-Paul-McCartney-Washington-Redskins-Federal-Circuit-Newegg-Xiaomi-Nokia-Nike-Rob-Gronkowski-USPTO.htmlWed, 05 Jul 2017 23:15:00 GMTSupreme Court of Canada rejects “unsound” promise doctrineIn the eagerly-awaited AstraZeneca Canada v Apotex ruling, Canada’s Supreme Court has struck down the “promise doctrine” and clarified the requirement for patent utilityhttp://www.managingip.com/Article/3729686/Supreme-Court-of-Canada-rejects-unsound-promise-doctrine.htmlFri, 30 Jun 2017 23:45:00 GMTUnitary Patent and UPC: A progress report (June 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 interpretedhttp://www.managingip.com/Article/3729417/Unitary-Patent-and-UPC-A-progress-report-June-2017.htmlFri, 30 Jun 2017 08:30:00 GMTPTAB grants Schaeffler's motion to amend claimsThe Patent Trial and Appeal Board has issued a rare granted motion to amend in Valeo North America v Schaeffler Tech, suggesting the Board is willing to consider well-crafted substitute claimshttp://www.managingip.com/Article/3729339/PTAB-grants-Schaefflers-motion-to-amend-claims.htmlThu, 29 Jun 2017 20:45:00 GMTAnalysis: STRONGER Patents Act would “gut” the PTABThe STRONGER Patents Act would mean a weaker PTAB. The bill has received support from pro-patent groups but its critics say it “contains many terrible ideas” and “would for all practical purposes end AIA trial proceedings”http://www.managingip.com/Article/3729323/Analysis-STRONGER-Patents-Act-would-gut-the-PTAB.htmlThu, 29 Jun 2017 18:45:00 GMTQualcomm, Section 2(a), Federal Circuit, TC Heartland, ZoomEssence, USPTO director rumours – the week in IPA denial of Qualcomm’s motion to dismiss the FTC case against it, USPTO examiner guidance on Section 2(a), a Federal Circuit ruling that the USPTO can seek attorneys’ fees, the districts with the most patent cases since TC Heartland, a $56m trade secrets settlement and rumours that Andrei Iancu will be USPTO director were in the recent intellectual property newshttp://www.managingip.com/Article/3728863/Qualcomm-Section-2a-Federal-Circuit-TC-Heartland-ZoomEssence-USPTO-director-rumoursthe-week-in-IP.htmlWed, 28 Jun 2017 21:45:00 GMTAnalysis: Kyle Bass ends his PTAB campaign with a winThis month saw the PTAB issue the final decision on a Kyle Bass inter partes review. Michael Loney asks whether that’s the last we’ll see of Bass at the Board and analyses the legacy of his campaign against pharmaceutical patentshttp://www.managingip.com/Article/3728582/Analysis-Kyle-Bass-ends-his-PTAB-campaign-with-a-win.htmlWed, 28 Jun 2017 05:30:00 GMTRopes & Gray spin-off patent firm to be called Haley GuilianoJames Haley is to join the new law firm created as part of Ropes & Gray’s restructure of its IP rights management practicehttp://www.managingip.com/Article/3728467/Ropes-and-Gray-spin-off-patent-firm-to-be-called-Haley-Guiliano.htmlWed, 28 Jun 2017 00:45:00 GMT