Opinion

Some gold nuggets for patentees in the PTAB reform proposal

Saturday Opinion: Discretionary denial of IPRs with co-pending litigation will benefit IP owners but some provisions contradict statutory authority

29 April 2023

Chinese IP theft is a problem, but is not to blame for US tech woes

Until policy makers in Washington DC fully recognise the extent of the self-harm that has been done to American interests, serious recovery is a forlorn hope

27 April 2023

The European Commission’s SEP regulation would be a geostrategic liability for the EU

Saturday Opinion: As ESTI and key US players move to intervene, the geopolitical ramifications of the proposal start to show

22 April 2023

IP could deliver a very rare Brexit dividend

With the European Commission increasingly ambivalent about patents, the UK has an opportunity to take leadership in areas such as SEP licensing and the life sciences

20 April 2023

Delaware judge's inquisition is headed down a dangerous path

If Chief Judge Colm Connolly starts to force plaintiffs to reveal their litigation financiers’ investors, there’s a risk funding will dry up for deserving patent holders

15 April 2023

On both sides of the Atlantic, patent policy is dictated by deep pockets not evidence

In the US and Europe, immensely wealthy businesses that use technology created by others to drive their profits have succeeded in tilting the playing field in their favour

13 April 2023

The EU is worryingly ambivalent about IP

SEP/FRAND is not the only area where the European Commission is set to propose changes that weaken the rights of innovators

08 April 2023

How the EC’s SEP licensing regulation will harm SMEs

As things stand, the only winners from the proposals will be deep pocket implementers – but there may be a way out of the mess

06 April 2023

DG GROW seeks to replace established FRAND valuation and licensing practices with top-down rate setting

Plans for patent essentiality checking, patent counting and aggregate royalty apportionments at EUIPO disregard prevailing valuation benchmarks in numerous long-established comparable licences

05 April 2023

SEP owners have a big fight on their hands to evade radical new EU regulation

Following the leak of draft rules, IAM travelled to Brussels to gauge the reaction of industry, lobbyists and lawmakers

01 April 2023

The European Commission’s SEP licensing plans are terrible on every level

Reported DG Grow proposals designed to make FRAND dealmaking in Europe more transparent, predictable and efficient are one-sided and poorly thought-through, so will do much more harm than good

30 March 2023

IAM is Paris-bound for biggest IPBC Europe ever

Saturday Opinion: IAM editor Rachel Mountain reflects on what is coming up next week in the City of Lights

25 March 2023

InterDigital’s UK setback highlights patent litigation risks

In retrospect, the US R&D and licensing business would surely have preferred to take a hit in order to settle its dispute with Lenovo out of sight and in secret

23 March 2023

We need a better debate about US pharma patents

Opinion: Popular attacks on America’s life sciences patent system are highly misleading

18 March 2023

SVB’s collapse is a reminder of how far IP finance still has to travel

Like many others, the bank held thousands of patents as security for loan deals, but almost certainly had no idea of their value – or lack of it

16 March 2023

OpenSky: ending another round of IPR abuse whack-a-mole

Saturday Opinion: USPTO Director Kathi Vidal’s sanctions are a good start, but more must be done to curb untoward behaviour going forward

11 March 2023

IP professionals should not fear AI, they should embrace it

At the beginning of a new age of disruption, those who understand the potential of change will reap big rewards

09 March 2023

Square peg in a round hole: the dangers of expanding the TRIPS waiver

Saturday Opinion: Disseminating covid diagnostics and therapeutics is critical, but attempting to do so via the TRIPS waiver extension is rife with unintended consequences

04 March 2023

A comeback for injunctions would help to revive US patent leadership

Without significant reforms that restore the right to exclude, lower costs and clarify eligibility, SMEs will remain second class citizens and the big calls on FRAND and SEPs will be made in Europe

02 March 2023

‘Privateer’ licensing rates report stirs company kickback

Saturday Opinion: Harfang IP argues against conclusions drawn in a recent study on SEP ask rates

25 February 2023

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