18
Oct
2021
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Industry Reports - More Updates
USA
Polsinelli
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18 Aug2021
China may be a guiding light for small claims IP courts in the United States
Several key senators have asked the USPTO to carry out a study on small claims courts to ascertain whether these would be a suitable venue for patent rights. The study raises the question of whether China’s new internet courts could be a useful model. Full text
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14 Jul2021
US Supreme Court limits Patent Law’s assignor estoppel doctrine
In a significant ruling, the Supreme Court has handed down its decision in Minerva Surgical v Hologic Inc, signalling a change for invalidity claims. Full text
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23 Jun2021
The pros and cons of non-publication requests
Non-publication requests are common when filing a patent application before the USPTO. However, applicants often make these requests without understanding the potential pitfalls of doing so, which can have severe consequences. Full text
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5 May2021
Federal Circuit highlights limitations to claim construction when essential structure is only found in preamble
The Federal Circuit has handed down its decision in Simo Holdings Inc v Hong Kong Ucloudlink Network Technology Ltd, which clarifies a crucial issue with regard to constructing the preamble in a patent claim. Full text
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21 Apr2021
The Trademark Modernisation Act 2020 – all you need to know
The new Trademark Modernisation Act signals a complete overhaul of the trademark system. It is crucial that brand owners and IP professionals get to grips with these changes, as they will significantly strengthen trademark rights. Full text
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7 Apr2021
Federal circuit finds oral presentations constitute printed publications in post-grant reviews
The US District Court of Appeals for the Federal Circuit has issued a precedential decision addressing what kinds of documents are considered to be publicly accessible and why the PTAB cannot hold that a claim is unpatentable based on a theory of unpatentability that was not presented by the challenger. Full text
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31 Mar2021
IP due diligence considerations in view of recent US case law
Recent Federal Circuit precedent has highlighted issues surrounding inventorship and the factors that IP holders should consider during the due diligence process. Full text
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3 Mar2021
Federal Circuit raises the enablement bar for antibody patents
The Federal Circuit has issued new guidance in light of Amgen v Sanofi, stating that patentees should take particular care to describe and claim various structural antibody features without relying solely on functional properties of those antibodies. Full text
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17 Feb2021
Growing complexity of ITC product redesign disputes could threaten rights holders
While the International Trade Commission has procedures to determine whether a new or redesigned product infringes the IP rights at issue and come under an exclusion order, determining this is a contested area, so rights holders should be well versed in the process. Full text
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10 Feb2021
The road less travelled for dispute resolution – the benefits of ENE in patent litigation
A dive into the merits of early neutral evaluation presents compelling reasons for why patent litigants should consider it as an early, cost-effective alternative in future cases. Full text
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27 Jan2021
Biden administration promises hard stance against Chinese IP abuses
US IP experts discuss what the Biden administration has in store for the IP world, including a more multilateral approach to US-China trade practices. Full text
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6 Jan2021
<em>Fintiv </em>and the increased need to be expeditious
Companies looking to leverage post-grant proceedings before the PTAB should file a petition as soon as practicable. US IP experts provide crucial information on how to do so. Full text
