Blog

20 Feb 2018

Despite the spin, new report shows NPEs are responsible for a fraction of European patent litigation

For several years executives from various US-based NPEs have been talking about the much more appealing litigation environment in various European countries as they have seen the climate become far tougher in their home market. Germany, in particular, is probably the jurisdiction US patent owners of every stripe talk about most because of the potential injunctions the courts of Europe's largest economy offer to victorious plaintiffs. In a post-eBay America, that's enough Read more

Richard Lloyd

20 Feb 2018

Sharp and Hisense bury the patent hatchet as they move toward resolving acrimonious brand and commercial dispute

A conflict over use of the Sharp brand name in the US market for televisions has pitted the Foxconn-owned display maker against Chinese licencee Hisense in IP and commercial lawsuits across multiple jurisdictions since last June. Now, disclosures made by Sharp in the process of withdrawing a patent infringement lawsuit and an ITC investigation suggest that the two parties have agreed to a patent truce as they move towards a broad resolution. The dispute is over a 2015 agreement which gave Read more

Jacob Schindler

19 Feb 2018

Our quest to find the 2018 IP Hall of Fame Inductees continues

Many outstanding IP figures have been put forward for IP Hall of Fame induction in 2018 since IAM launched its annual nomination process three weeks ago, but there is still time to make a submission before the closing date of 8th March. Please tell us about the individuals you believe have made an extraordinary contribution to the IP industry by completing this short form. Nominees can be living or deceased, and may have made their contribution to intellectual property as a lawyer, Read more

Adam Houldsworth

19 Feb 2018

Patent owners in the US get a big boost after the Federal Circuit hands down a key 101 decision

In the almost four years since the Supreme Court added to its jurisprudence around patentability in Alice Corp v CLS Bank, the Court of Appeals for the Federal Circuit (CAFC) has been steadily filling in the blanks on what exactly constitutes patent eligible subject matter - particularly when it comes to computer-implemented inventions. The court has tinkered less with the actual process of determining whether an invention is patentable, but in a couple of recent decisions — Stephen Read more

Richard Lloyd

19 Feb 2018

JPO details plan to review SEP essentiality, but there may be little scope for implementers to use it defensively

The Japan Patent Office (JPO) last week unveiled a new service that will see it weigh in on the standing of Japanese patents declared standards essential. When it was first announced last November, this system was perceived as offering a defensive tool to implementers. But the draft guidelines for the scheme, helpfully translated in part here by Satoshi Watanabe of Watanabe Research and Consulting, have foreclosed that possibility. The essentiality checks fall under an existing programme Read more

Jacob Schindler

17 Feb 2018

Poor patent quality, biosimilars, third-party disputes, Brexit and more from our pharma and biotech event

Last week, life sciences patent professionals from around the world gathered at London’s Hallam Conference Centre for IAM’s second annual Pharma and Biotech IP Summit – the first ever IAM event to be held on UK home turf. Delegates – and there were twice as many in attendance than were at our first summit in Munich in 2016 – were treated to insightful presentations and discussions by seasoned in-house and private practice professionals on a range of key legal, Read more

Joff Wild

16 Feb 2018

In highly unusual move RPX acquires portfolio of assets from Intellectual Ventures

RPX has acquired a tranche of patent assets from the Intellectual Ventures Invention Science Fund in what is the first such deal between the firms. So far two sets of rights have shown up on the USPTO assignment database — one for 35 granted patents and applications and another for 22 — and a spokesperson for RPX confirmed that 66 assets had changed hands in total. IV has been in patent-selling mode for some time now. As this blog reported last year, it has ramped up its Read more

Richard Lloyd

16 Feb 2018

Why plaintiffs in US patent cases who understand the odds of victory are almost always best off settling

The vast majority of patent disputes in the US settle before they end up in court. One reason for this, it is claimed, is because scared defendants are worried into making suits go away by aggressive plaintiffs (trolls) who give them a choice of settlement at one price or fighting a suit at a higher price. And, undoubtedly, there is an element of that involved. However, there is a lot more on top. For example, looking from the plaintiff’s perspective there are also significant Read more

Joff Wild

16 Feb 2018

Arrest of senior Indian patent office officials on bribery rap raises serious questions about system's integrity

The top official in the Indian Patent Office’s Chennai branch was detained along with one colleague earlier this month on charges of graft. While digital technologies and transparency initiatives have generally made India’s IP granting authorities more accountable in recent years, the arrests suggest that corruption has not been fully stamped out of the patent office. The main official implicated was S P Subramaniyan, a deputy controller of patents and designs in the patent Read more

Jacob Schindler

15 Feb 2018

Uber and Chinese rival Didi beef up their patent portfolios through further acquisitions

UPDATE 2/16/2018: Louis Carbonneau of Tangible IP has been in touch to say that they brokered the deal between France Brevets and Didi Chuxing and that it included a total of 140 US and non-US assets.  In the still relatively nascent ride-sharing market there are two clear leaders – Uber from the US and Didi Chuxing from China. Both are relative minnows in IP terms, but the pair have been busy in the secondary market of late which for the latter is particularly significant as it Read more

Richard Lloyd

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Issue 88