Litigation/Dispute Resolution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2916©2017 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsValidiity of essential patent for white LED confirmedTakanori Abe reviews the litigation in Germany over Nichia's patent for a white LEDhttp://www.managingip.com/Article/3735534/Validiity-of-essential-patent-for-white-LED-confirmed.htmlWed, 16 Aug 2017 15:00:00 GMTSprint win has lessons for “serial litigators" and damages trendsA Nebraska court’s August 8 decision to relieve Sprint of a $32 million damages award it had ordered Sprint to pay Prism Technologies in 2015 should be a warning to so-called serial plaintiffs, Sprint attorney Carter Phillips of Sidley Austin told Managing IPhttp://www.managingip.com/Article/3741872/Sprint-win-has-lessons-for-serial-litigators-and-damages-trends.htmlWed, 16 Aug 2017 14:00:00 GMTCJEU judgment reshuffles litigation costs in BelgiumThe recent CJEU judgment and subsequent national interpretation in Rovi Guides v Telenet will have a significant impact on the predictability of legal costs and should be taken into account when setting up an IP litigation strategy in Belgium, as Steven Sarlet and Ben Brigou explainhttp://www.managingip.com/Article/3741371/CJEU-judgment-reshuffles-litigation-costs-in-Belgium.htmlMon, 14 Aug 2017 16:30:00 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 GMTJudge Koh rules Samsung did not waive article of manufacture issue in Apple design patent fightThe Northern District of California has ruled that the article of manufacture issue has not been waived in Samsung’s bid for a retrial of its design patents dispute with Apple. But Judge Koh deferred consideration of whether a new trial is necessary until further briefinghttp://www.managingip.com/Article/3738301/Judge-Koh-rules-Samsung-did-not-waive-article-of-manufacture-issue-in-Apple-design-patent-fight.htmlTue, 01 Aug 2017 22:45:00 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 GMTFirst-half US patent litigation data and analysis – Uniloc tops plaintiff rankingNatalie Rahhal analyses the top plaintiffs, defendants and law firms in the first half of 2017, and identifies some trends to watch in the second half including how NPEs and the ITC will be affected by TC Heartlandhttp://www.managingip.com/Article/3737766/First-half-US-patent-litigation-data-and-analysisUniloc-tops-plaintiff-ranking.htmlMon, 31 Jul 2017 15:00:00 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 GMTWill the Federal Circuit weigh in on Judge Gilstrap’s patent venue test?Consensus is growing that TC Heartland was not a change in the law, while a mandamus petition in the case in which Judge Gilstrap outlined a four-factor test for “regular and established place of business” is being closely watched by patent practitionershttp://www.managingip.com/Article/3736609/Will-the-Federal-Circuit-weigh-in-on-Judge-Gilstraps-patent-venue-test.htmlWed, 26 Jul 2017 17:45:00 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 GMTMonkey selfie, Teva, Apotex, CRISPR patent pool, Eli Lilly, Jawbone, Shipping and Transit – the week in IPThe 9th Circuit hearing the latest instalment in the monkey selfie story, a Teva trade secret suit, the Broad Institute joining discussions to create a CRISPR patent pool, Eli Lilly settling a Cialis dispute with generics, Shipping and Transit being ordered to pay attorneys’ fees twice in a week and the value of Jawbone’s portfolio were in the recent intellectual property newshttp://www.managingip.com/Article/3734410/Monkey-selfie-Teva-Apotex-CRISPR-patent-pool-Eli-Lilly-Jawbone-Shipping-and-Transitthe-week-in-IP.htmlTue, 18 Jul 2017 22:30:00 GMTHouse Judiciary Committee members call Judge Gilstrap “reprehensible”US Representatives Darrell Issa and Bob Goodlatte have accused Judge Gilstrap of re-interpreting the law and the TC Heartland decision to keep as many patent cases as possible in his district. But one Eastern District of Texas lawyer told Managing IP this criticism is unfair and says Gilstrap’s recent four-factor test for determining regular and established place of business represents “outstanding judicial management”http://www.managingip.com/Article/3733850/House-Judiciary-Committee-members-call-Judge-Gilstrap-reprehensible.htmlMon, 17 Jul 2017 14:00:00 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 GMTMichigan court awards Stryker enhanced damages after Supreme Court remandA Western District of Michigan judge has reaffirmed his award of triple damages in Stryker v Zimmer after the Supreme Court changed the test for wilful infringement last year. The total award is $248.7 millionhttp://www.managingip.com/Article/3733106/Michigan-court-awards-Stryker-enhanced-damages-after-Supreme-Court-remand.htmlFri, 14 Jul 2017 02:30:00 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 GMTDow’s record-setting Canada patent damages award explainedThe C$645m awarded to Dow has dwarfed the previous highest Canadian patent award to Merck. The high figure is a result of the flexible and unique nature of monetary remedies in Canadahttp://www.managingip.com/Article/3732785/Dows-record-setting-Canada-patent-damages-award-explained.htmlWed, 12 Jul 2017 21:30:00 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 GMTDoctrine of equivalents allowed in the UKThe UK Supreme Court has ruled that a patentee can argue that the scope of protection afforded by its patent extends beyond the ambit of the claims. In its ruling in Eli Lilly v Actavis, the Court also provided guidance on when reference to EPO prosecution file would be appropriate in interpreting a patent in infringement caseshttp://www.managingip.com/Article/3732703/Doctrine-of-equivalents-allowed-in-the-UK.htmlWed, 12 Jul 2017 15:30:00 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 GMT