Litigation/Dispute Resolution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2916©2017 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsCourt provides SEP guidance in ChinaThe Beijing IP Court has issued a landmark judgment in a SEP dispute between IWNCOMM and Sony. Guanyang Yao analyses the key pointshttp://www.managingip.com/Article/3727658/Court-provides-SEP-guidance-in-China.htmlFri, 23 Jun 2017 10:00:00 GMTIs an injunction available in biosimilar cases under state law?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 rulehttp://www.managingip.com/Article/3727389/Is-an-injunction-available-in-biosimilar-cases-under-state-law.htmlFri, 23 Jun 2017 01:45:00 GMTYour guide to a busy SCOTUS term for IP casesThe US Supreme Court ruled on eight intellectual property cases this term. Get up to speed with our overview of the cases and links to our analysis of the decisions and argumentshttp://www.managingip.com/Article/3727528/Your-guide-to-a-busy-SCOTUS-term-for-IP-cases.htmlFri, 23 Jun 2017 01:30:00 GMTSTRONGER Patent Act introduced in US Senate to reform PTABThe 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 Hironohttp://www.managingip.com/Article/3727316/STRONGER-Patent-Act-introduced-in-US-Senate-to-reform-PTAB.htmlThu, 22 Jun 2017 15:45:00 GMTInterview: Inside Impression Products’ win at the Supreme CourtThe 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 behttp://www.managingip.com/Article/3727096/Interview-Inside-Impression-Products-win-at-the-Supreme-Court.htmlMon, 19 Jun 2017 12:00:00 GMTAnalysis – future of the PTAB on the line in Oil States caseThe 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 recentlyhttp://www.managingip.com/Article/3725670/Analysisfuture-of-the-PTAB-on-the-line-in-Oil-States-case.htmlThu, 15 Jun 2017 22:45:00 GMTTC Heartland, House Judiciary Committee, Uber, Waymo, monkey selfie, patent news coverage – the week in IPThe distribution of patent cases post-TC Heartland, a House Judiciary Committee hearing, the latest in the Uber/Waymo trade secrets case, a bizarre turn in the monkey selfie story and a Center for Intellectual Property Understanding report on coverage of patent infringement in the media - Natalie Rahhal rounds up the recent intellectual property newshttp://www.managingip.com/Article/3725416/TC-Heartland-House-Judiciary-Committee-Uber-Waymo-monkey-selfie-patent-news-coveragethe-week-in-IP.htmlWed, 14 Jun 2017 21:00:00 GMTWhat will become of patent reform legislation post-TC Heartland?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 directionhttp://www.managingip.com/Article/3725402/What-will-become-of-patent-reform-legislation-post-TC-Heartland.htmlWed, 14 Jun 2017 19:15:00 GMTGermany's UPC Agreement ratification progress put on holdThe 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 decidedhttp://www.managingip.com/Article/3724897/Germanys-UPC-Agreement-ratification-progress-put-on-hold.htmlTue, 13 Jun 2017 12:45:00 GMTSCOTUS rules biosimilar applicants can provide notice before FDA approvalThe 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 lawhttp://www.managingip.com/Article/3724740/SCOTUS-rules-biosimilar-applicants-can-provide-notice-before-FDA-approval.htmlMon, 12 Jun 2017 21:15:00 GMTUS Supreme Court to rule on constitutionality of AIA trialsThe 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 hearhttp://www.managingip.com/Article/3724648/US-Supreme-Court-to-rule-on-constitutionality-of-AIA-trials.htmlMon, 12 Jun 2017 16:00:00 GMTGeneric company IPR study reveals “surprisingly high” institution rateA 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 ratehttp://www.managingip.com/Article/3724418/Generic-company-IPR-study-reveals-surprisingly-high-institution-rate.htmlMon, 12 Jun 2017 10:00:00 GMTMichelle Lee, IPO 2016 US patent owners list, Sanofi, Amgen, Puma, Forever 21, TC Heartland and 101 rulings, Apple, WARF – the week in IPSpeculation about why Michelle Lee resigned as USPTO director, the IPO releasing its list of the top 300 organisations granted US patents, Federal Circuit arguments in Amgen and Sanofi’s dispute over cholesterol drug patents, a setback for Puma in its lawsuit against Forever 21, how TC Heartland will affect Section 101 rulings, and an affirmation of a $234m verdict against Apple were in the recent intellectual property newshttp://www.managingip.com/Article/3723931/Michelle-Lee-IPO-2016-US-patent-owners-list-Sanofi-Amgen-Puma-Forever-21-TC-Heartland-and-101-rulings.htmlThu, 08 Jun 2017 16:30:00 GMTBrazil’s new process for examining pharma patents faces scepticismA 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, howeverhttp://www.managingip.com/Article/3723724/Brazils-new-process-for-examining-pharma-patents-faces-scepticism.htmlWed, 07 Jun 2017 22:15:00 GMTPredicting the future for the Eastern District of Texas after TC HeartlandThe 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 expecthttp://www.managingip.com/Article/3722959/Predicting-the-future-for-the-Eastern-District-of-Texas-after-TC-Heartland.htmlTue, 06 Jun 2017 10:30:00 GMTITC judge recommends Garmin pay $37m penalty for violating C&D ordersAn 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 finehttp://www.managingip.com/Article/3722962/ITC-judge-recommends-Garmin-pay-37m-penalty-for-violating-C-D-orders.htmlTue, 06 Jun 2017 05:30:00 GMTPTAB round-up: Record PGR filing in May, second sovereign immunity dismissalPatent 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 timehttp://www.managingip.com/Article/3722823/PTAB-round-up-Record-PGR-filing-in-May-second-sovereign-immunity-dismissal.htmlMon, 05 Jun 2017 10:45:00 GMTThe week in IP – Nokia, Apple, Spotify, PTAB, Abbvie, BlackBerry, Qualcomm, IP Czar, Trump budget, Uber, District of DelawareNokia and Apple ending their dispute, a $43m Spotify settlement, the PTAB invalidating a Humira patent, an increase in Blackberry’s award from Qualcomm to $940m, the intellectual property czar’s nomination hearing, the Trump budget requesting $3.6bn for the USPTO, Uber firing the engineer involved in its trade secrets dispute with Waymo, and the District of Delaware inviting four Pennsylvania judges to handle cases were in the recent IP newshttp://www.managingip.com/Article/3722122/The-week-in-IPNokia-Apple-Spotify-PTAB-Abbvie-BlackBerry-Qualcomm-IP-Czar-Trump-budget-Uber-District.htmlThu, 01 Jun 2017 18:45:00 GMTUS Supreme Court overturns Federal Circuit patent exhaustion stance in Impression v LexmarkThe 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 modelshttp://www.managingip.com/Article/3721893/US-Supreme-Court-overturns-Federal-Circuit-patent-exhaustion-stance-in-Impression-v-Lexmark.htmlWed, 31 May 2017 21:30:00 GMTThe corporate IP stars of 2017Managing Intellectual Property IP STARS has published its 2017 list of highly recommended in-house counsel who deal with IPhttp://www.managingip.com/Article/3721506/The-corporate-IP-stars-of-2017.htmlWed, 31 May 2017 10:00:00 GMTUnitary Patent and UPC: A progress report (May 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 representativehttp://www.managingip.com/Article/3721095/Unitary-Patent-and-UPC-A-progress-report-May-2017.htmlTue, 30 May 2017 12:30:00 GMTTC Heartland – initial reaction to “most significant patent law decision since Alice”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 venuehttp://www.managingip.com/Article/3720909/TC-Heartlandinitial-reaction-to-most-significant-patent-law-decision-since-Alice.htmlFri, 26 May 2017 20:45:00 GMTSCOTUS to rule on PTAB partial institution practice in SAS Institute v LeeThe 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 Leehttp://www.managingip.com/Article/3719698/SCOTUS-to-rule-on-PTAB-partial-institution-practice-in-SAS-Institute-v-Lee.htmlWed, 24 May 2017 11:30:00 GMTThe Top 250 Women in IP (2017)Managing Intellectual Property IP STARS has published its annual list of the leading female IP practitioners in private practicehttp://www.managingip.com/Article/3719202/The-Top-250-Women-in-IP-2017.htmlTue, 23 May 2017 08:00:00 GMTSCOTUS limits patent venue in Heartland rulingPatent 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 Alicehttp://www.managingip.com/Article/3719237/SCOTUS-limits-patent-venue-in-Heartland-ruling.htmlMon, 22 May 2017 20:15:00 GMTThe Unitary Patent and UPC demystified (sponsored article)The Unitary Patent is the biggest development in European patent law in 40 years. Justin Simpson of RWS inovia answers common questions about ithttp://www.managingip.com/Article/3718663/The-Unitary-Patent-and-UPC-demystified-sponsored-article.htmlFri, 19 May 2017 12:30:00 GMTHedge-fund-backed AVM “shot for the moon and missed” against IntelA 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 suitshttp://www.managingip.com/Article/3718466/Hedge-fund-backed-AVM-shot-for-the-moon-and-missed-against-Intel.htmlThu, 18 May 2017 16:30:00 GMTQuestions remain over UPC case management systemPatent 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 workhttp://www.managingip.com/Article/3718425/Questions-remain-over-UPC-case-management-system.htmlThu, 18 May 2017 13:30:00 GMTWomen in IP interview: Daralyn DurieDurie 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 litigatorhttp://www.managingip.com/Article/3718233/Women-in-IP-interview-Daralyn-Durie.htmlWed, 17 May 2017 23:45:00 GMTThe growing disparity between NPE and practicing entity patent damagesPwC’s 2017 Patent Litigation Study highlights a number of interesting US trends, including the increasing gap between NPE and practicing entity damages and the top 10 awards everhttp://www.managingip.com/Article/3718232/The-growing-disparity-between-NPE-and-practicing-entity-patent-damages.htmlWed, 17 May 2017 23:15:00 GMT