Blog

23 May 2018

News Oncology drives major pharma deals while immuno-oncology patent activity soars

Cancer immunotherapy is an exciting, relatively new therapy that treats cancer by unleashing the power of the immune system. It has been hailed as one of the most promising advances in the treatment of cancer in recent times. Immuno-oncology research is growing at a rapid pace and for the last three years this has begun to translate into a patenting frenzy as players seek to stake their claim in this wide commercial landscape. In this month’s piece from Clarivate Analytics, Bob Read more

Timothy Au

22 May 2018

News AI, blockchain and IoT patents all on the shopping list for latest IP3 buying programme

Details of the latest iteration of IP3, the patent buying programme hosted by AST designed to give IP owners a quick and efficient way of selling their assets, were announced this morning. This year’s version is open to non-AST members and is focused on some of the hottest tech areas.  On the shopping list are patents in eight different categories including artificial intelligence, virtual reality, automotive, blockchain and Internet of Things (IoT). Sellers with assets in those Read more

Richard Lloyd

22 May 2018

News Chinese company which raised $1.3 billion in IP-backed financing has Virginia factory site foreclosed

It would appear that the recipient of the largest ever IP-backed loan has come full circle to cautionary tale. Tranlin Paper, based in China’s Shandong Province, borrowed well over a billion dollars from the China Development bank in 2014 on the strength of its IP portfolio. It planned to invest part of the sum in a US-based paper mill which promised to provide 2,000 jobs. On the US side at least, the deal appears to have gone pear-shaped. And in China as well, serious questions Read more

Jacob Schindler

21 May 2018

Analysis Reports of a new Fortress fund point to continued success in the market but raise questions for Softbank

According to a recent news report Fortress IP is putting together a $400 million “patent troll” fund in what looks like a significant capital raising exercise.  Beyond the amount they’re looking to raise, however, details in the story are relatively scant and it’s not clear if the new fund signals a shift in investment strategy by the group led by RPX co-founder Eran Zur. There has been a rumour in the market for several months that Fortress IP team is Read more

Richard Lloyd

21 May 2018

Analysis A litigious Chinese Internet startup worth up to $30 billion buys patents for the first time

China’s most popular news app, Toutiao, uses an algorithm to deliver a personalised feed of content to 120 million active users. The service, which produces no original content of its own, has dedicated most of its IP efforts to date to fending off copyright complaints. But a recent US assignment shows that it is preparing for potential patent conflict, too. Toutiao’s parent company, Bytedance, has raised money at a valuation of up to $30 billion, and remains independent of Read more

Jacob Schindler

20 May 2018

News There is one Brexit IP issue that could explode politically - and it has nothing to do with patents

Ask any European IP professional about the Brexit issues which take up most of their time and they are likely to tell you about things such as the UPC and the unitary patent, the enforcement directive and decoupling the UK from the Community trademark and designs regimes. Ask any normal person (you know what I mean!) about any of these and they will stare at you with a blank face, wondering what on earth you are talking about. It is, for example, the British public’s complete Read more

Joff Wild

18 May 2018

Analysis One year on from TC Heartland – the Federal Circuit fills in the gap as East Texas adjusts

As if prompted by the looming first birthday of the TC Heartland decision, in the last ten days the Court of Appeals for the Federal Circuit has issued a flurry of opinions filling in many of the gaps left unanswered by the Supreme Court’s landmark ruling on patent venue. Those recent decisions have largely placed further bounds on patent owners in determining where they can bring a suit. At the start of this week the court issued its decision in In re: ZTE ruling that the burden Read more

Richard Lloyd

18 May 2018

Analysis News of 25-year patent term is premature, but expect big pharma changes in China in the near future

Headlines were generated earlier this week, following a report that China has introduced 25-year patent terms for some innovative drugs. However, it turns out not to be true, with a number of sources confirming that no such changes have yet been implemented. Nevertheless, with a conditional patent term extension for pharmaceuticals products having been proposed by Chinese state institutions – which are also considering other reforms of  pharmaceutical IP rights – life Read more

Adam Houldsworth

18 May 2018

News Suing a Chinese entity in the United States? Expect a two year wait to serve process

There are a host of challenges when it comes to trying to assert US patents against a Chinese legal entity. A recent court filing by Dutch telecom KPN, which is suing Oppo, Vivo and OnePlus in the District of Delaware, underlines what looks to be a new normal: it may be two years before a defendant domiciled in China can even be served process. There is only one way to serve process to an entity in China: the Hague Service Convention’s Article 5 procedure. That means going through a Read more

Jacob Schindler

17 May 2018

Analysis Intel files DJ against semiconductor licensor as IP value creation in chip sector continues to evolve

Intel has filed for a declaratory judgment of non-infringement against small semiconductor licensing business Tela Innovations, in another dispute that shows how assertion activity is continuing to pick up in the chip sector.  This spat has a particularly interesting edge to it given that Intel was an early investor in Tela and the two companies have a covenant not to sue (CNTS) dating back to May 2007. That covenant is still in effect and according to Intel’s filing Read more

Richard Lloyd

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Issue 89