Litigation/Dispute Resolution and Patentshttp://www.managingip.com/RSS.aspx?FeedID=2916©2017 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsQualcomm, Apple, Saint Regis Mohawk Tribe, Amazon, Microsoft, PTAB, Oil States, SAS, Rule 36 – the week in IPRecent intellectual property news included Qualcomm suing Apple in the Beijing Intellectual Property Court, the chipmaker being fined in Taiwan, the Saint Regis Mohawk Tribe asserting SRC patents against Amazon and Microsoft, the SAS case at the Supreme Court potentially having a bigger PTAB impact than Oil States, the Federal Circuit reducing its use of Rule 36 affirmances, and the FT suggesting the troll problem is overblownhttp://www.managingip.com/Article/3760377/Qualcomm-Apple-Saint-Regis-Mohawk-Tribe-Amazon-Microsoft-PTAB-Oil-States-SAS-Rule-36the-week-in-IP.htmlThu, 19 Oct 2017 14:00:00 GMTJudge 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 GMTAllergan, Waymo, Uber, Aqua Products, Marrakesh Treaty, EPO, INPI – the week in IPRecent intellectual property news included a judge asking Allergan whether its Native American tribe deal is a sham, Waymo and Uber’s trade secrets trial date being pushed back, the ramifications of the Aqua Products opinion, Costa Rica becoming the 33rd country to join the Marrakesh Treaty, and the EPO and Brazil’s INPI launching a PPH pilot programmehttp://www.managingip.com/Article/3758518/Allergan-Waymo-Uber-Aqua-Products-Marrakesh-Treaty-EPO-INPIthe-week-in-IP.htmlWed, 11 Oct 2017 18:00:00 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 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 GMTUSPTO, AbbVie, Amgen, ITC, design patents – the week in IPRecent intellectual property news included a proposal to make the USPTO an independent agency, a record year for US patent issuance, a settlement of AbbVie and Amgen’s Humira biosimilar dispute, a surge of complaints at the International Trade Commission, and the first post-Samsung verdict on design patent damageshttp://www.managingip.com/Article/3756819/USPTO-AbbVie-Amgen-ITC-design-patentsthe-week-in-IP.htmlWed, 04 Oct 2017 19:00:00 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 GMTCanada and Americas supplements now onlineOur latest supplements, on Canada and the Americas, are now available to read online. They include articles on Canada’s new drug and biosimilar patent linkage system and litigation landscape, Brazil’s new Civil Procedure Code, and Mexico’s boundaries of patent claim amendmenthttp://www.managingip.com/Article/3756236/Canada-and-Americas-supplements-now-online.htmlMon, 02 Oct 2017 20:45:00 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 GMTAllergan, Saint Regis Mohawk Tribe, Apple, Uber, Waymo, Inside Out, Netflix, FTC endorsement guidance – the week in IPRecent intellectual property news included a motion to dismiss IPRs covering Allergan’s Restasis treatment, an Apple dispute involving a patent transferred to a company with Native American tribe links, the latest in the Waymo/Uber trade secrets case, a copyright lawsuit over Disney’s Inside Out, Pablo Escobar’s brother threatening to close Narcos down because of trade marks and revised FTC guidance on social media endorsershttp://www.managingip.com/Article/3755305/Allergan-Saint-Regis-Mohawk-Tribe-Apple-Uber-Waymo-Inside-Out-Netflix-FTC-endorsement-guidancethe.htmlThu, 28 Sep 2017 19:00:00 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 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 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 GMTGoogle, HTC, TTAB, PTAB, Judge Michel, Apple, Acacia, Microsoft – the week in IPRecent news included Google receiving a licence for HTC intellectual property, the TTAB again finding “Pretzel Crisps” to be generic, the PTAB designating a decision as informative, Judge Paul Michel suggesting seven ways to improve the US patent system, Apple settling with Acacia following a $22m verdict, and Microsoft extending its Azure programme to Chinahttp://www.managingip.com/Article/3753155/Google-HTC-TTAB-PTAB-Judge-Michel-Apple-Acacia-Microsoftthe-week-in-IP.htmlThu, 21 Sep 2017 17:00:00 GMTDoctrine of equivalents after Actavis v Eli LillyTwo months after the UK Supreme Court's landmark judgment in Actavis v Eli Lilly, more questions are being asked about its impact throughout Europehttp://www.managingip.com/Article/3751961/Doctrine-of-equivalents-after-Actavis-v-Eli-Lilly.htmlMon, 18 Sep 2017 16:30:00 GMTMonkey selfie, Octane, Halo, Garmin, Navico, Qualcomm, Apple, PTAB, Amazon – the week in IPA monkey selfie settlement, the Federal Circuit ruling on Octane, Halo being denied enhanced damages, an award of $39m damages for Navico, a denial of Qualcomm’s motion for an injunction against Apple, the percentage of women appearing before the PTAB, the expiration of Amazon’s one-click patent, and IBM chief patent counsel Manny Schecter’s hopes for the new USPTO director were in the recent intellectual property newshttp://www.managingip.com/Article/3751254/Monkey-selfie-Octane-Halo-Garmin-Navico-Qualcomm-Apple-PTAB-Amazonthe-week-in-IP.htmlThu, 14 Sep 2017 20:00:00 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 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 GMTIn Re Brunetti, Nintendo, hashtag trade marks, Blackbird Technologies, patent application references, CBS, Dr Phil – the week in IPFederal Circuit oral arguments over scandalous and immoral marks, a jury awarding $10m against Nintendo, hashtag trade mark applications increasing 64%, data on cited references in patent applications, a profile of Blackbird Technologies, a dispute over CBS’s use of a photograph in a news programme and an unusual copyright case involving Dr Phil were in the recent intellectual property newshttp://www.managingip.com/Article/3749042/In-Re-Brunetti-Nintendo-hashtag-trade-marks-Blackbird-Technologies-patent-application-references-CBS.htmlWed, 06 Sep 2017 21:30:00 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 GMTAssessing Trump’s USPTO director nominee, Andrei IancuUSPTO director nominee Andrei Iancu has broad experience of patent litigation and PTAB proceedings. But observers are unclear about his views on a number of issueshttp://www.managingip.com/Article/3748671/Assessing-Trumps-USPTO-director-nominee-Andrei-Iancu.htmlWed, 06 Sep 2017 02:45:00 GMTNews round-up – recent IP stories of interestRecent intellectual property news included stories involving VidAngel, Finjan, a protest at the USPTO, Costco, Tiffany, Cheerios, Rubik’s Cube, CPA Global, Aqua Licensing, Crocs, Warner Bros and Pepe the Froghttp://www.managingip.com/Article/3746728/News-round-uprecent-IP-stories-of-interest.htmlThu, 31 Aug 2017 00:00:00 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