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Patents

  • Brismark interview
    In an exclusive interview with IAM, Gustav Brismark explains his sudden departure from the Swedish giant, as well as talking legacy, the future for 5G, plus a whole lot more ... Read More
    Source: iamPublished on 2019-05-16By Joff Wild
  • Tech push in oil and gas sector could fuel more patent activity
    Saudi Aramco claims victory in PTAB showdown as Korean refiner faces second IP setback in as many weeks ... Read More
    Source: iamPublished on 2019-05-16By Jacob Schindler
  • AVX  Corp. v. Presidio Components, Inc. (Fed. Cir. 2019)
    By Josh Rich -- AVX Corporation and Presidio Components are long-standing competitors in the market for electronic components, including capacitors. Their competition has caused animosity, which in turn has resulted in patent infringement litigation. And that litigation led AVX to challenge one of Presidio's patents, U.S. Patent No. 6,661,639, through ... Read More
    Source: Patent DocsPublished on 2019-05-16By Patent Docs
  • Federal Circuit has No Opinion; Senju Asks the Supreme Court for Its
    by Dennis Crouch Back in 2017, I published an article condemning Federal Circuit’s ramped-up practice of issuing R. 36 judgments in cases on appeal from the USPTO.  Rather than simply arguing about policy, I looked at the statute and concluded that Section 144 of the Patent Act requires the Federal ... Read More
    Source: Patently-OPublished on 2019-05-15By Dennis Crouch
  • 44 U.S. states accuse big pharma of price fixing generics market
    Kluwer Patent blogger44 U.S. states filed a lawsuit last Friday accusing Teva Pharmaceuticals USA of conspiring illegally with 19 other drug companies to inflate drug prices – sometimes by more than 1,000 percent – and stifle competition for generic drugs. As is set out in the complaint, ‘the Plaintiff States ... Read More
    Source: Kluwer Patent BlogPublished on 2019-05-15
  • Five years on: how the patent market withstood Alice
    The US Supreme Court’s decision has been thought to have had significant impact on transactions, but analysis of the data reveals some unexpected results ... Read More
    Source: iamPublished on 2019-05-15By Kent Richardson,Erik Oliver ,Michael Costa
  • Prior user rights defence to patent infringement is the answer for companies with process-improvement inventions
    Companies engaged in large-scale manufacturing must make the difficult choice between patenting or maintaining their process-improvement inventions as trade secrets. A prior user rights defence shields a party from a successful claim of patent infringement. However, while many have celebrated this mechanism, it has been asserted a few times only ... Read More
    Source: iamPublished on 2019-05-15By Bernard J Graves Jr
  • Prior user rights defence to patent infringement
    Companies engaged in large-scale manufacturing must make the difficult choice between patenting or maintaining their process-improvement inventions as trade secrets. A prior user rights defence shields a party from a successful claim of patent infringement. However, while many have celebrated this mechanism, it has been asserted a few times only ... Read More
    Source: iamPublished on 2019-05-15By Bernard J Graves Jr
  • EU – Council adopts regulation introducing SPC stockpiling / export exception
    From the press release: “The EU is taking measures to foster the competitiveness of EU producers of generic medicines and biosimilar products. The Council today adopted a regulation which introduces an exception to the protection granted to an original medicine by a supplementary protection certificate (SPC) for export purposes and/or ... Read More
    Source: EPLAW Patent BlogPublished on 2019-05-15By Annette Hirschfeld
  • Latest IP issues discussed in Judicial Yuan IP Law Seminar
    On 6 May 2019 the Judicial Yuan held the IP Law Seminar to discuss issues with how IP law intersects with administrative litigation and criminal litigation. In attendence were judges from the IP Court, along with representatives of judges from the district courts, the Intellectual Property Office, the Ministry of ... Read More
    Source: iamPublished on 2019-05-15By Jane CC Wang
  • Domain name disputes in Russia – new developments
    Disputes over domain names owned by non-Russians have long posed a legal and financial challenge for rights holders in Russia. However, a 2018 IP Court ruling transformed the legal landscape when it ordered a domain registrar to terminate an infringing domain name. Further, the Ninth Arbitration Court of Appeal has ... Read More
    Source: iamPublished on 2019-05-15By Marina Drel,Meldir Erbulekova
  • Amending claim is no block to damages request
    A Milan Court judgment has provided clarity on damages in a case where a patent claim was amended. The court has stated that when an infringed patent is amended, damages will be incurred from the date that the infringement started, even if this took place before the amendment. ... Read More
    Source: iamPublished on 2019-05-15By Omar Busana
  • UK – Allergan v. Aspire and Accord Healthcare
    Allergan, Inc and another v Aspire Pharma Limited and Accord Healthcare Limited v Allergan, Inc, High Court, London, UK, 3 May 2019, Neutral Citation Number: [2019] EWHC 1085 (Pat) In this judgment, Arnold J applied for the first time the UK Supreme Court’s decision in Actavis v ICOS [2019] UKSC ... Read More
    Source: EPLAW Patent BlogPublished on 2019-05-15By Annette Hirschfeld
  • IBM Corp. v. Iancu (Fed. Cir. 2019)
    Federal Circuit Reverses Board in Two IPR Decisions By Joseph Herndon -- In International Business Machines Corp. (IBM) v. Iancu, the Federal Circuit found that the Board's interpretation of key claim limitations was incorrect resulting in the Board's decisions having errors. IBM owns U.S. Patent No. 7,631,346, entitled "Method and ... Read More
    Source: Patent DocsPublished on 2019-05-15By Patent Docs
  • Pharmaceutical inventions and patent term extension procedure
    Once the Patent Law entered into effect in 1991, it became possible in Russia to get a national patent directed at pharmaceutical inventions. When the Eurasian Patent Convention entered into effect in 1995, it became possible to get a Eurasian patent on the same pharmaceutical inventions. ... Read More
    Source: iamPublished on 2019-05-15By Elena Nazina
  • NL – PFIZER V. / F. HOFFMANN-LA ROCHE AND ROCHE NEDERLAND
    Pfizer PFE B.V. v. F. Hoffmann-La Roche AG, Roche Nederland B.V., District Court The Hague, 8 May 2019, Case no. ECLI:NL:RBDHA:2019:4515 Pfizer initiated three separate proceedings on the merits against Roche in The Netherlands requesting negative judicial declarations (so called “Arrow”-declarations). Roche responded by filing a motion to the District ... Read More
    Source: EPLAW Patent BlogPublished on 2019-05-15By Annette Hirschfeld
  • Peter v. NantKwest: Attorney Fees for Challenging PTO Decisions
    Peter v. NantKwest, Inc., No. 18-801 (Supreme Court 2019) I believe there are many situations where it makes sense to award reasonable costs and attorney fees to the prevailing party.  It goes further to ensure that the injured party is ‘made whole’ and it also discourages folks to push forward with ... Read More
    Source: Patently-OPublished on 2019-05-15By Dennis Crouch
  • EU adopts SPC manufacturing waiver under protest from several member states
    Oswin Ridderbusch and Alexa von UexküllAfter the European Parliament adopted a controversial new regulation introducing an SPC manufacturing waiver for export and stockpiling in its last plenary session on 17 April 2019, as previously reported on this blog, the corresponding legislative act has now also been adopted by the Council ... Read More
    Source: Kluwer Patent BlogPublished on 2019-05-14
  • Nokia privateer Conversant can’t enforce SEP against standards-compliant Apple products due to Nokia’s late disclosure: inequitable conduct
    Conversant, previously known under other names such as Core Wireless, may very well be the wireless SEP privateer with the highest failure rate in litigation. And it's probably because Nokia sold them weak patents, more so than I would attribute this lack of success to the work performed by Conversant's ... Read More
    Source: FOSS PATENTSPublished on 2019-05-14By Florian Mueller
  • Plausibility to be debated by AIPPI at London meeting in September 2019
    Miquel MontañáOne of the actors that has been seeking to pop-up in the European patent theatre in recent decades is plausibility. As readers will be aware, the debate around plausibility initially arose at the European Patent Office in the mid-1990s (T 939/92, AgrEvo) at a time when applications with extremely ... Read More
    Source: Kluwer Patent BlogPublished on 2019-05-14
  • FDA patent list reforms are now firmly on the US legislative agenda
    Unanimous votes by the House of Representatives signal that changes to the Orange and Purple Books stand a good chance of being implemented ... Read More
    Source: iamPublished on 2019-05-14By Adam Houldsworth
  • Qualcomm is in the 5G lead but in an increasingly competitive market it may become ever more reliant on its licensing arm
    Reports that Apple is prioritising the recruitment of engineering talent, while Samsung also invests heavily, suggests that the chip giant is set to face an increasingly competitive technology market ... Read More
    Source: iamPublished on 2019-05-14By Richard Lloyd
  • If you want it, Claim it
    by Dennis Crouch Two prosecutions lessons from this case: (1) if you are concerned about obviousness, be careful of broadening statements in the specification; (2) if you want to claim a particular action, particularly claim it.   BTG Int’l. Ltd. v. Amneal Pharms. LLC (Fed. Cir. 2019) [BTG_Decision] This is a ... Read More
    Source: Patently-OPublished on 2019-05-14By Dennis Crouch
  • Moving on
    With European Parliament elections next week, and a new Commission in the Autumn, it is vital that policymakers are allowed to focus on what is really important: finding ways to build a true European digital innovation ecosystem ... Read More
    Source: iamPublished on 2019-05-14By Francisco Mingorance
  • Rakuten continues patent dealing as it seeks to disrupt Japanese telcos
    Internet firm known best for e-commerce has picked up patent rights from the likes of Verizon and AT&T, but its new cloud-only mobile network puts it head to head with IP rich incumbents ... Read More
    Source: iamPublished on 2019-05-14By Jacob Schindler
  • FDA Issues Another Draft Guidance Regarding Biosimilar Interchangeability
    By Kevin E. Noonan -- Late last week, the U.S. Food and Drug Administration issued a final version of its "Guidance for Industry," entitled "Considerations in Demonstrating Interchangeability With a Reference Product" regarding the as-yet unexercised provision of the Biologic Price Competition and Innovation Act (BPCIA). This Guidance is facially ... Read More
    Source: Patent DocsPublished on 2019-05-14By Patent Docs
  • Clinical trial disclosures – an obstacle to patentability in Europe
    Innovative pharmaceutical companies are faced with a dilemma when seeking patent protection at the European Patent Office for novel medical use or compound claims. ... Read More
    Source: iamPublished on 2019-05-14By Arwed Burrichter,Natalie Kirchhofer,Simon Müller
  • The next generation of the US pharmaceutical industry
    The pharmaceutical industry in the United States is in a constant state of evolution, not only with regard to technological innovation, but also in terms of patent and regulatory strategies covering those products in development and on the market. ... Read More
    Source: iamPublished on 2019-05-14By Matthew L Fedowitz
  • IP strategy – it’s alive!
    IP strategy is a living creature – formulating a strategy at one point in time is all very well, but the market and competition will not remain idle. Players that did not exist when an IP strategy was first formulated may suddenly appear and the new market will need to ... Read More
    Source: iamPublished on 2019-05-14By Annika Kilander,Camilla Lidén,Ann Danared
  • Continental lawsuit against Avanci could help set the terms for licensing in the IoT 
    Key automotive supplier accuses pool operator, Nokia and several other patent owners of antitrust violations in what looks set to become a blockbuster case in front of the Northern California federal district court ... Read More
    Source: iamPublished on 2019-05-13By Richard Lloyd