Litigation/Dispute Resolution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2916©2017 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsFederal Circuit rules in Amgen v Sandoz on remand from SCOTUSThe Federal Circuit has ruled that Sandoz did not forfeit its preemption defence and the BPCIA preempts state law remedies in its biosimilars dispute with Amgen. The decision makes clear that brand biologic companies have no remedies available against a biosimilar applicant who is refusing to engage in the patent dancehttp://www.managingip.com/Article/3775697/Federal-Circuit-rules-in-Amgen-v-Sandoz-on-remand-from-SCOTUS.htmlThu, 14 Dec 2017 21:15:00 GMTEricsson, EPO, Apple, SPCs, Comic-Con, Oracle v Google – the week in IPEllie Mertens rounds up recent intellectual property news, including Ericsson being awarded $75m against TCL, an EPO report on trends in European patents on smart connected objects, Apple filing an IPR against a Native American company, a CJEU ruling on SPCs, the latest in the Comic-Con trade mark dispute, and Federal Circuit arguments in Oracle v Googlehttp://www.managingip.com/Article/3775359/Ericsson-EPO-Apple-SPCs-Comic-Con-Oracle-v-Googlethe-week-in-IP.htmlWed, 13 Dec 2017 19:30:00 GMTPTAB round-up: filing slumps; tribal immunity briefs filed; Oil States and SAS argued; Aqua Products guidance issued; new remand procedures outlinedNovember PTAB news included the lowest petition filing since January 2016, oral arguments at the Supreme Court, amicus briefing on whether tribal ownership immunises a patent from IPR challenges, guidance on motions to amend, new procedures for remands from the Federal Circuit, and an increase in feeshttp://www.managingip.com/Article/3773621/PTAB-round-up-filing-slumps-tribal-immunity-briefs-filed-Oil-States-and-SAS-argued-Aqua-Products.htmlThu, 07 Dec 2017 21:30:00 GMTBusiness of IP Asia Forum 2017: Innovation a key theme across the regionLeading IP practitioners, businesses and organisations gathered to discuss the latest innovation trends at the Business of IP Asia Forum in Hong Kong, from regional IP cooperation to the latest developments in the Internet of Things (IoT)http://www.managingip.com/Article/3773627/Business-of-IP-Asia-Forum-2017-Innovation-a-key-theme-across-the-region.htmlThu, 07 Dec 2017 00:00:00 GMTBerton Moreno + Ojam created in Argentina, and other Americas people movesManaging IP’s regular update of people moves includes the launch of new firms Grüneberg and Myers and Winterfeldt IP Group, and hires by Crowell & Moring, Fish & Richardson, BakerHostetler, K&L Gates, Baker Botts, Kirkland & Ellis and morehttp://www.managingip.com/Article/3773293/Berton-Moreno-+-Ojam-created-in-Argentina-and-other-Americas-people-moves.htmlWed, 06 Dec 2017 23:45:00 GMTHong Kong readies for original grant patent systemUser testing for new patent system can be expected in early 2018. One implementation challenge will be that there are not enough technical people to do patent examinations in Hong Konghttp://www.managingip.com/Article/3772412/Hong-Kong-readies-for-original-grant-patent-system.htmlTue, 05 Dec 2017 04:00:00 GMTAnalysing SCOTUS oral arguments in Oil States and SAS InstituteUS Supreme Court Justices seemed divided during arguments for Oil States v Greene’s Energy and SAS Institute v Matal. Patent lawyers have been busy making predictions about how the court will rule in the two cases, which could dramatically change how the Patent Trial and Appeal Board operateshttp://www.managingip.com/Article/3771475/Analysing-SCOTUS-oral-arguments-in-Oil-States-and-SAS-Institute.htmlThu, 30 Nov 2017 19:00:00 GMTUber, Waymo, Apple, Qualcomm, International Trade Commission, Michelangelo's David, trade secrets – the week in IPRecent intellectual property news included the postponement of the Waymo-Uber trial, a patent infringement countersuit from Apple against Qualcomm, an ITC clarification of the domestic industry requirement for unregistered trade dress, the prohibition of a travel agency using the image of Michelangelo's David for commercial purposes, and the indictment of three Chinese nationals for trade secrets thefthttp://www.managingip.com/Article/3771213/Uber-Waymo-Apple-Qualcomm-International-Trade-Commission-Michelangelos-David-trade-secretsthe-week-in.htmlThu, 30 Nov 2017 14:00:00 GMTEuropean Commission releases counterfeiting and SEPs measuresThe European Commission has presented a number of measures aimed at protecting intellectual property rights, including recommendations for fighting counterfeits and creating a balanced system for standard essential patents. The SEPs guidance was particularly well receivedhttp://www.managingip.com/Article/3771071/European-Commission-releases-counterfeiting-and-SEPs-measures.htmlWed, 29 Nov 2017 23:30:00 GMTPTAB releases Aqua Products guidance on motions to amendThe Patent Trial and Appeal Board confirms that In light of the Aqua Products decision it will not place the burden of persuasion on a patent owner with respect to the patentability of substitute claims presented in a motion to amendhttp://www.managingip.com/Article/3770316/PTAB-releases-Aqua-Products-guidance-on-motions-to-amend.htmlTue, 28 Nov 2017 01:30:00 GMTBeijing IP court launches WeChat e-litigation and mediation serviceChinese courts are making use of technology to improve efficiencyhttp://www.managingip.com/Article/3770315/Beijing-IP-court-launches-WeChat-e-litigation-and-mediation-service.htmlTue, 28 Nov 2017 01:15:00 GMTMichael Shore vows to “take a wrecking ball to the IPR system”The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe said at the IP Dealmakers Forum that other companies are “lining up to do deals” and that universities’ endowment funds are interested in getting involved. Shore outlined why he believed these types of deals are here to stayhttp://www.managingip.com/Article/3769051/Michael-Shore-vows-to-take-a-wrecking-ball-to-the-IPR-system.htmlWed, 22 Nov 2017 15:15:00 GMTFinjan, Blue Coat, Fox Television, design patents, Polaroid, Fujifilm, CASE Act, Comic-Con – the week in IPRecent US intellectual property news included a mixed jury verdict in Finjan and Blue Coat’s dispute, the Ninth Circuit Court of Appeals ruling in the trade mark case over Fox’s Empire programme, a TRO being issued in a design patent case, Fujifilm hitting back at Polaroid, support for the Copyright Alternative in Small Claims Enforcement Act, and the latest in the Comic-Con fighthttp://www.managingip.com/Article/3768776/Finjan-Blue-Coat-Fox-Television-design-patents-Polaroid-Fujifilm-CASE-Act-Comic-Conthe-week-in-IP.htmlWed, 22 Nov 2017 05:00:00 GMTConfidentiality clubs becoming more common in Indian patent disputesIP practitioners see a trend of using confidentiality clubs in patent litigation cases to safeguard sensitive information, as demonstrated by the Delhi High Court’s recent grant of such a request in a dispute between Ericsson and Xiaomihttp://www.managingip.com/Article/3768680/Confidentiality-clubs-becoming-more-common-in-Indian-patent-disputes.htmlTue, 21 Nov 2017 17:00:00 GMTInterview: Fish & Richardson’s Dorothy Whelan on pharma PTAB proceedingsDorothy Whelan, co-chair of Fish & Richardson’s post-grant practice group, has been involved in high-profile cases such as the first IPR decisions that invalidated Humira patents. As part of the Women in IP series, Whelan speaks to Michael Loney about the biggest issues at the PTABhttp://www.managingip.com/Article/3768040/Interview-Fish-and-Richardsons-Dorothy-Whelan-on-pharma-PTAB-proceedings.htmlFri, 17 Nov 2017 21:15:00 GMTPTAB revises procedures for Federal Circuit remandsThe Patent Trial and Appeal Board has revised the “Standard Operating Procedure 9 (SOP9)” for cases remanded from the Federal Circuit, including requiring panels to meet with the PTAB chief, deputy chief or a delegate to discuss remanded caseshttp://www.managingip.com/Article/3768000/PTAB-revises-procedures-for-Federal-Circuit-remands.htmlFri, 17 Nov 2017 17:00:00 GMTFederal Circuit says TC Heartland changed the lawThe Federal Circuit has granted Micron’s mandamus petition stating: “We conclude that TC Heartland changed the controlling law in the relevant sense: at the time of the initial motion to dismiss, before the Court decided TC Heartland, the venue defense … based on TC Heartland’s interpretation of the venue statute was not ‘available’”http://www.managingip.com/Article/3767337/Federal-Circuit-says-TC-Heartland-changed-the-law.htmlThu, 16 Nov 2017 05:00:00 GMTApple, ITC, Bob Goodlatte, Fish IP, Fish & Richardson, Blackberry, PTAB – the week in IPRecent US intellectual property news included the ITC initiating an investigation into alleged patent infringement by Apple, Representative Goodlatte announcing he will not seek reelection, the end of a trade mark dispute between Fish IP and Fish & Richardson, Blackberry announcing a licensing deal with Teletry, and an analysis of the percentage of PTAB cases tied to district court litigationhttp://www.managingip.com/Article/3767321/Apple-ITC-Bob-Goodlatte-Fish-IP-Fish-and-Richardson-Blackberry-PTABthe-week-in-IP.htmlWed, 15 Nov 2017 23:45:00 GMTIndia’s Supreme Court pushes for faster IPR suitsDelhi High Court has been given eight weeks to finalise rules and practice changes to dispose with IPR suits faster, a move that is expected to benefit litigantshttp://www.managingip.com/Article/3767268/Indias-Supreme-Court-pushes-for-faster-IPR-suits.htmlWed, 15 Nov 2017 17:15:00 GMTAnalysing the assessment of novelty post-ActavisThe Patent Court recently issued the first application of the UK Supreme Court’s Actavis v Eli Lilly ruling. Arnold J considered the impact on novelty of the doctrine of equivalentshttp://www.managingip.com/Article/3767013/Analysing-the-assessment-of-novelty-post-Actavis.htmlWed, 15 Nov 2017 04:00:00 GMTDistrict court stays pending IPR/CBM/PGR: a review of the past 12 monthsOverall success rates of motions to stay district court litigation pending review at the Patent Trial and Appeal Board have dropped noticeably in the past fiscal year. Christopher Hanewicz and Truscenialyn Brooks of Perkins Coie analyse recent stay statisticshttp://www.managingip.com/Article/3766994/District-court-stays-pending-IPRCBMPGR-a-review-of-the-past-12-months.htmlWed, 15 Nov 2017 00:45:00 GMTIP trends to watch in China’s Belt and Road InitiativeChina’s ambitious initiative will likely lead to it being a hub for securing IP protection for businesses investing in Belt and Road Initiative projects. It will also affect enforcement strategies, with IP disputes expected to increase along the BRI routehttp://www.managingip.com/Article/3766976/IP-trends-to-watch-in-Chinas-Belt-and-Road-Initiative.htmlTue, 14 Nov 2017 21:45:00 GMTPTAB requests tribal immunity briefs, House holds hearingThe Patent Trial and Appeal Board has asked for amicus briefing on whether tribal ownership immunises a patent from IPR challenges, while a House of Representatives subcommittee held a hearing on sovereign immunity and the intellectual property system in which ranking member Jerry Nadler said Allergan’s deal with a Native American tribe “makes a mockery of Congressional authority and of the rule of law”http://www.managingip.com/Article/3765810/PTAB-requests-tribal-immunity-briefs-House-holds-hearing.htmlThu, 09 Nov 2017 21:45:00 GMTQualcomm, PTAB, Allergan, Samsung, Apple, Google, USTR, USPTO – the week in IPRecent US intellectual property news included Broadcom’s takeover bid for Qualcomm, the PTAB’s request for briefing over Allergan’s Native American tribe deal, the Supreme Court’s denial of Samsung’s appeal of a $120m damages award to Apple, a US district court’s ruling that Google does not have to obey a Canadian court order requiring it to take down information around the world, a trade group letter asking the USTR to prioritise trade secrets, and the USPTO’s two-year diversion pilot programmehttp://www.managingip.com/Article/3765473/Qualcomm-PTAB-Allergan-Samsung-Apple-Google-USTR-USPTOthe-week-in-IP.htmlWed, 08 Nov 2017 20:30:00 GMTPTAB round-up: steady filing; Aqua Products fall-out; precedential and informative decisions; and moreOctober at the Patent Trial and Appeal Board saw a levelling out of petition filing, the first ever extension of the final written decision deadline for good cause, and one precedential and three informative PTAB decisionshttp://www.managingip.com/Article/3765192/PTAB-round-up-steady-filing-Aqua-Products-fall-out-precedential-and-informative-decisions-and-more.htmlWed, 08 Nov 2017 02:15:00 GMTFlo & Eddie, USPTO, Booking.com, Oil States, Federal Circuit, trade secrets – the week in IPRecent intellectual property news included a Florida Supreme Court ruling on pre-1972 sound recordings in the Turtles copyright case, the USPTO being awarded fees in a TTAB case despite Booking.com winning, the filing of the final batch of Oil States amicus briefs, the Federal Circuit opinion involving obviousness, and a trade secrets damages award to a bread companyhttp://www.managingip.com/Article/3763986/Flo-and-Eddie-USPTO-Bookingcom-Oil-States-Federal-Circuit-trade-secretsthe-week-in-IP.htmlThu, 02 Nov 2017 18:45:00 GMTSingapore High Court rules it has no jurisdiction to revoke patentsA recent ruling made clear that Singapore’s High Court does not have original jurisdiction to hear patent revocation proceedings even if they are brought by a counterclaim in infringement proceedings. If the ruling stands, it would mean all revocation cases will have to be started at IPOShttp://www.managingip.com/Article/3763165/Singapore-High-Court-rules-it-has-no-jurisdiction-to-revoke-patents.htmlMon, 30 Oct 2017 16:45:00 GMTWhen should the USPTO intervene in PTAB appeals?The USPTO intervenes in less than a quarter of appeals of PTAB decisions to the Federal Circuit. Nathan Kelley, USPTO deputy general counsel for intellectual property law, recently shed some light on when and why the office chooses to do sohttp://www.managingip.com/Article/3762832/When-should-the-USPTO-intervene-in-PTAB-appeals.htmlFri, 27 Oct 2017 18:30:00 GMTFederal Circuit judges offer tips for PTAB appealsFederal Circuit judges discussed how they handle appeals from the Patent Trial and Appeal Board during an AIPLA session. Judge Newman also took the chance to offer a solution for the Supreme Court ruling on the pending Oil States casehttp://www.managingip.com/Article/3762807/Federal-Circuit-judges-offer-tips-for-PTAB-appeals.htmlFri, 27 Oct 2017 17:15:00 GMTInterview: Myra McCormack’s plans as AIPLA presidentMyra McCormack recently took over as president of the American Intellectual Property Law Association. Michael Loney interviews McCormack and executive director Lisa Jorgenson to hear the association’s plans for the next yearhttp://www.managingip.com/Article/3761750/Interview-Myra-McCormacks-plans-as-AIPLA-president.htmlThu, 26 Oct 2017 05:00:00 GMT