13 Jun
2021

DoJ signals SEP shift; German injunction regime change; US patent deals down; Trade secrets move up corporate agenda; Pharma portfolio M&A analysis; plus much more

Everything we covered on IAM over the last seven days – and all you need to know from the global IP market to set yourself up for the start of another busy week

The Long Read

The Chinese IP landscape is much more nuanced and complex than many commentators give it credit for. Dan Prud'homme has spent a number of years in the country observing developments. In an exclusive interview, he debunks various myths around tech transfer and other controversial subjects to explain why businesses, both domestic and foreign, need to look past lazy and out-of-date stereotypes. Read more here

MONDAY 7th June

Recent law changes in China that require patent owners to exercise their rights in good faith could give defendants additional tools in the country. Read more here

Speaking at an online event last week, the acting head of the US Department of Justice’s Antitrust Division made clear that SEP policy is going to change under the Biden Administration. Read more here

TUESDAY 8th June

South Korea’s development of key national IP assets and its focus on trade secrets enables high-level chip and vaccine deals. Read more here

Data shows that there was a drop in the number of patent deals done in the US between January and March 2021. NPEs acquired over 50% of the assets that did change hands. Read more here

Last year, trademark litigation cases filed at US federal district court level hit a 10-year low, with the overall number of suits dropping 14%. Read more here

WEDNESDAY 9th June

California-based start-up Icon Aircraft is the subject of a lawsuit which claims its controlling shareholders are scheming to transfer key IP and innovative technology to China. Read more here

A recent survey of senior business leaders in six countries emphasises the growing importance of trade secret protection in corporate planning. Read more here

THURSDAY 10th June

The IPO has warned that the China National IP Administration’s definition of “junk patents” is “overly broad” and could hamper legitimate filings “not intended to be viewed as abnormal”. Read more here

Recent regulatory developments and changing attitudes at the courts make the UK an increasingly attractive jurisdiction in which to launch biosimilars. Read more here

SEP owners have been warned that change is coming to the DoJ’s antitrust policy approach. Far less clear, though, is the form this change will take. Read more here

FRIDAY 11th June

Former judges in China call on the country’s courts to act cautiously and build credibility as they assume a greater role in global FRAND disputes. Read more here

Legislation reforming Germany’s injunction regime is getting closer to becoming law, but it is unlikely to make much practical difference to most patent cases. Read more here

Roche, Bristol-Myers Squibb and Pfizer have used M&A to build power in their patent portfolios, but other Big Pharma companies have not enjoyed as much success. Read more here

SATURDAY 12th June

Embracing diversity in invention and patenting is key to the US maximising the potential of its innovation economy. To do it successfully, though, a lot more data is required. Read more here

Joff Wild

Author | Editor-in-chief

[email protected]

Joff Wild