Litigation/Dispute Resolution and Patents©2018 Managing Intellectual Property60Litigation/Dispute Resolution and PatentsA CRISPR picture – what to expect from the gene-editing patent boomThe big increase in CRISPR patent filing has led to a number of disputes as well as suggested cross-licensing agreements or patent pools. Patrick Wingrove investigates whether a litigation war is brewing, 20 Mar 2018 10:45:00 GMTCRISPR patent filing rankings: the leading firms and geographiesiRunway’s CRISPR Global Patent Landscape report reveals the gene-editing technology’s top filers, with DowDuPont leading the way. Filing trends include a 194% increase globally between 2013 and 2015, 19 Mar 2018 05:00:00 GMTManaging IP Americas Awards Winners revealedThe Americas Awards Dinner was held at the Essex House in New York on March 15, and recognised the best law firms and individuals nationally and regionally in Canada, Latin America and the US, 16 Mar 2018 12:00:00 GMTThe week in IP – USPTO, UPC, Broadcom, Qualcomm, trade mark trolls, PTAB, Section 101, female inventors, ChinaEllie Mertens rounds up intellectual property news, including the new USPTO new patent cover, Trump's blocking of Broadcom’s Qualcomm buy, Canada trade mark trolls, a PTAB judges study, the GAO’s CBM study, a petition for the Federal Circuit to reconsider its 101 stance en banc, a German party’s move to repeal UPC legislation, and a closing gender gap for Australian inventors, 15 Mar 2018 14:30:00 GMTPTAB round-up: top firms; February filing; sovereign immunity latestRecent Patent Trial and Appeal Board developments include filing increasing in February, Managing IP revealing the top PTAB firms, the Board ruling tribal sovereign immunity doesn't apply in IPRs, and some interesting Federal Circuit opinions, 14 Mar 2018 17:15:00 GMTOur March issue – IP STARS patent rankings, trade secrets, Argentina rule changes, pharma repurposingManaging IP’s most recent issue includes our IP STARS patent rankings, analysis of Waymo and Uber’s trade secrets settlement, details of Argentina’s surprise IP rule changes, an in-depth look at new uses for existing drugs, and more, 14 Mar 2018 14:00:00 GMTAnalysing the European Commission’s Brexit position for IPThe Commission’s draft agreement gives an indication for intellectual property post-Brexit. The UK has not yet responded but disagreement is likely over issues such as geographical indications, 14 Mar 2018 13:15:00 GMTManaging IP EMEA Awards Winners 2018 revealedThe EMEA Awards Dinner was held at The Savoy in London on March 8, and recognised the best intellectual property firms in 25 countries and by region, 09 Mar 2018 09:30:00 GMTThe week in IP – blockchain, Fox News, on sale bar, sovereign immunity, patent licensing, Alice, Blackberry, QualcommEllie Mertens rounds up intellectual property news, including a new IP court in Changsha, a Fox News fair use ruling, copyrighting a pose, the on sale bar at the US Supreme Court, a tribe’s appeal of a PTAB decision, Technicolor’s patent licensing business sale, and Blackberry suing Facebook, 08 Mar 2018 12:45:00 GMTTell us how IP law firm issues are changing – take our survey!CPA Global is teaming up with Managing IP and B2B International to explore the issues faced by intellectual property law firms around the world as they tackle the legal challenges of a fast-paced and ever-evolving IP-led economy. A synopsis of the findings will be shared with survey participants, 07 Mar 2018 16:15:00 GMTHow blockchain will change intellectual property – patentsManaging IP is publishing a series of articles that looks at how blockchain technology is changing the landscape of IP. In the second article, Ellie Mertens analyses its implications for patents such as a boom in filing and potential for a litigation war, and interviews Erich Spangenberg about how he plans to profit from the technology, 06 Mar 2018 05:00:00 GMTThe week in IP – Andrei Iancu, trade marks, Kung Fu Panda, UPC, Octane Fitness, CRISPR, SEPsRecent intellectual property news includes the USPTO director being sworn in, a study on trade marks running out, the end of a Kung Fu Panda dispute in China, the Law Society urging UK UPC ratification, four years of Octane Fitness, the DOJ AAG again urging SEPs balance, and a $6.7m award in a graffiti artist copyright case, 01 Mar 2018 00:00:00 GMTTexas patent-agent privilege ruling could have wider impactThe Texas Supreme Court has recognised patent-agent privilege as a form of attorney-client privilege, in a ruling that has the potential to influence court cases in the 24 other US states with the same privilege rule, 28 Feb 2018 23:30:00 GMTAustralia Federal Court rules that gene claims remain patent eligibleClaims directed to the correlation of gene sequences to a particular trait in cattle remain patent eligible subject matter, according to a ruling that has implications for the Sequenom/Ariosa case and also suggests a widening dichotomy between Australia and the US on gene-based patent eligible subject matter, 28 Feb 2018 04:15:00 GMTJapan to set guidelines on SEP licensing negotiationsAn increase in IoT players needing standard-essential patents has spurred the JPO to set guidelines. But IP practitioners are concerned the guidelines may not provide enough flexibility in SEP negotiations and will lack clarity, 26 Feb 2018 21:30:00 GMTMarkush pharma patent claims supported by Beijing Higher People’s CourtA recent decision in China provides some assurance for pharmaceutical patent owners but the direction of Markush claims is still unclear, 26 Feb 2018 18:15:00 GMTPTAB rules sovereign immunity does not apply to IPRsThe PTAB has ruled that sovereign immunity does not apply in the case in which Allergan transferred patents to a Native American tribe, and says the proceedings can continue even without the tribe’s participation in view of Allergan’s retained ownership interests in the patents, 26 Feb 2018 05:30:00 GMTANDA pharma litigation spikes back up in 2017After a slump in 2016, US pharmaceutical patent litigation triggered by the Hatch-Waxman process rose to 411 cases last year, 22 Feb 2018 17:45:00 GMTShare your views on IP and autonomous vehiclesTake part in our short online survey on IP and autonomous vehicles, and win a free place at a Managing IP event, 22 Feb 2018 15:30:00 GMTThe week in IP – NPEs in Europe, artificial intelligence, sovereign immunity, Section 101, UK trade secrets, USPTOEllie Mertens rounds up recent intellectual property news, including the introduction of AI bills, a sovereign immunity case at the Federal Circuit, a UK consultation on trade secrets, AI patents in medicine, NPE activity rising in Europe, a USPTO announcement, and commercialising unused patents, 22 Feb 2018 03:15:00 GMTNine deeper takeaways from US patent litigation last yearA closer look at Lex Machina’s Patent Litigation Year in Review report reveals some interesting nuggets of information on success rates of transfers, the judges with the most cases, design patent litigation, injunctions, Section 101 invalidation and damages, 22 Feb 2018 00:15:00 GMTGerman Constitutional Court plans to decide UPC complaint in 2018The German constitutional complaint challenging the UPC Agreement is on a list of cases to be decided this year. But it is not certain a decision will come in 2018 and, even if it does, the timing will be vital in determining whether the UPC is in effect before Brexit, 21 Feb 2018 21:30:00 GMTUK Supreme Court wrestles with plausibility and the pregabalin patentThe UK Supreme Court last week heard argument in Warner Lambert v Generics. Pfizer argued that plausibility should be an "evidential tool" not a "threshold test", while Actavis warned against the danger of over-broad speculative claims and "armchair patenting”, 21 Feb 2018 05:00:00 GMTDelaware judge throws out largest ever patent award of $2.54bnThe Delaware jury award of $2.54 billion to Merck from 2016 has been overturned after Chief Judge Stark found the patent on a drug used to treat hepatitis C was invalid, 20 Feb 2018 23:45:00 GMTCAFC says 101 inquiry is a factual determination in “blockbuster” Berkheimer opinion“Whether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination,” writes Judge Moore. Observers have taken this as a sign of the pendulum swinging back towards patent owners on Section 101, 15 Feb 2018 18:00:00 GMTThe week in IP – Louboutin, autonomous cars, trade secrets, Taylor Swift, DOJ, CLASSICS Act, Cloudflare, Blackbird, USPTORecent IP news included Louboutin’s red-sole trade mark case at the CJEU, a trade secret suit involving autonomous cars, the end of a Taylor Swift copyright dispute, a letter praising the DOJ’s shift in IP enforcement, the introduction of the CLASSICS Act, a Cloudflare patent case win, and the USPTO’s Valentine’s Day song, 15 Feb 2018 14:15:00 GMTUS falls to 12th in US Chamber patent rankingExpect to hear this figure mentioned a lot at US IP conferences and Congressional hearings for the next year – the US patent system has dropped to 12th in the US Chamber of Commerce’s ranking of IP systems. But is the ranking credible?, 15 Feb 2018 14:00:00 GMTUnitary Patent and UPC Update: UK ratification nears, while German organisations weigh inThe UK’s Privy Council has approved the Unified Patent Court (Immunities and Privileges) Order 2017, the last piece of legislation required for the UK to ratify. In Germany, seven institutions and associations submitted statements on the constitutional complaint against the UPC, 13 Feb 2018 05:45:00 GMTAll of our 2018 Awards shortlists are now out!Managing IP is holding three awards dinners in March, recognising the best intellectual property law firms and individuals around the world. The shortlists for our EMEA, Americas and Asia Awards have now all been published, 12 Feb 2018 07:00:00 GMTAndrei Iancu is your new USPTO director – now what?The new USPTO director has a number of issues to address such as subject matter eligibility and fee diversion. He will have a big influence at the PTAB, where the director has broad powers to set rules, 09 Feb 2018 21:15:00 GMT