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18 May 2015

The USPTO has the power to create a much more equitable IPR process; and it should do so

Since the America Invents Act overhauled the re-examination process, we have written regularly about the impact that the new procedures, and inter partes reviews in particular, have had on the patent market. Essentially, they have become a new tool…

14 May 2015

The UK's EU referendum may delay the UPC, but will not derail it whatever the result

As this blog has previously discussed, the creation of the unitary EU patent and the Unified Patent Court (UPC) could see Europe assume a much more significant role as a global patent litigation hub, while also driving up the value of high-quality…

11 May 2015

If companies did not infringe NPE patents, the cost they incurred from NPE litigation would be much lower

Yesterday this blog took a look at the huge difference in the amount of costs incurred by operating companies in the US as the result of NPE litigation put forward by Boston University professors James Bessen and Michael Meurer on the one hand, and…

10 May 2015

The cost of NPE disputes in the US and the $16.8 billion gap between RPX and Bessen & Meurer

In June 2012, James Bessen and Michael Meurer published their frequently-cited paper “The Direct Costs from NPE Disputes”, with its headline grabbing claim that US companies “accrued $29 billion of direct costs in 2011” as a result of NPE assertions…

08 May 2015

It’s not just big pharma that wants to see IPR reform in US patent legislation

For over an hour yesterday, as the Senate Judiciary Committee hearing on the recently introduced PATENT Act unfolded, it seemed like we were in patent fantasyland. Except for some predictable comments from the deputy general counsel of pharma giant…

08 May 2015

More evidence that Chinese patent values could rise as Apple win shows increasing court focus on quality

On the sidelines of the INTA annual meeting in San Diego, IAM attended a seminar on the last year’s changes to trademark law in China. There was a nice bonus at the end, though, in the form of a discussion of patent litigation trends from Wan Hui Da…

07 May 2015

For small NPEs looking for growth Japan might provide the best opportunity

As keen readers of this blog will know, we have subscribed to the idea that a period of consolidation among NPEs, and publicly traded IP companies in particular, is going to be one of the trends in the patent market over the next few years. In March…

05 May 2015

Europe a step closer to becoming the centre of global patent market after court rejects Spanish UPC challenge

Spain has failed in its challenges to the legality of the EU patent and the Unified Patent Court. In a judgment issued today, the Court of Justice of the European Union (CJEU) found that both are consistent with EU law and, as a result, can proceed…

30 April 2015

New Senate bill pushes patent reform a step closer to consensus, but there is a long way to go

The latest attempts to introduce new legislative patent reform in the US took its most significant step yesterday when the Protecting American Talent and Entrepreneurship (PATENT) Act was introduced in the Senate. With the backing of Senate…

30 April 2015

Despite quality and pendency initiatives, the JPO may continue to see a fall in the applications it receives

The Japan Patent Office (JPO) recently published its annual report for 2014. It reveals which companies and universities dominated in terms of JPO-issued patents last year - while also posing some difficult questions for the agency's pendency…

28 April 2015

Indian businesses crave IP certainty, but better patent values are tempting them overseas

Indian corporate leaders view a strong and sustainable IP system as key to furthering their country’s economic development and attracting continued foreign investment, a recent study suggests. A lack of confidence that this is currently the case –…

26 April 2015

As ZTE nails its colours firmly to the pro-US patent reform mast, opponents of major change grow more confident

Although foreign entities file around half of all patent applications at the USPTO, up to now the debate about reforming patent litigation has largely been one conducted between US companies and interest groups. There are some exceptions – Germany’s…

23 April 2015

Buying time, quality over quantity, the gathering litigation storm and more from IPBC China 2015

There were over 250 attendees at a packed-to-the-rafters IPBC China, which took place this week at the Shangri-La Hotel in Haidian, Beijing. Delegates, mostly local IP professionals working inside major Chinese businesses, participated in a series…

09 April 2015

If pharma has high-quality patents IPRs should not be an issue, says hedge fund investor

Perhaps the patent story of the year so far has been the inter partes reviews (IPR) launched at the Patent Trial and Appeal Board (PTAB) against a series of pharmaceutical patents by hedge fund investors. Kyle Bass, founder of Hayman Capital…

01 April 2015

Japan's uneasy relationship with patent monetisation is the cover story in the latest issue of IAM, published today

Issue 71 of IAM has been published online and is available for subscribers to view. The cover story focuses on the uneasy relationship that Japanese companies have with IP monetisation. Although they have built some of the world’s biggest patent…