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20 January 2015

No smartphone patent war in China yet, but don’t be surprised if one does erupt

Chinese electronics company Oppo caused a small stir at the Consumer Electronics Show (CES) in Las Vegas earlier this month with its accusation that Polaroid’s ‘Selfie’ smartphone copied its own rotating camera design. It is tempting to see this as…

19 January 2015

Hammering “trolls” harms US prosperity, says top BASF IP strategist

US legislators have arrived back on Capitol Hill with patent reform again firmly on the agenda. Congressman Bob Goodlatte, chairman of the House of Representatives Judiciary Committee and author of the Innovation Act in the last Congress, has made…

18 January 2015

Figures show clearly that PTAB petitions are a high-tech, big boys game - UPDATE

Hot on the heels of its 2014 US patent litigation survey – which showed a fall in suits and an especially dramatic drop in NPE activity in the third and fourth quarters – Unified Patents has produced a set of statistics on last year’s activity at…

15 January 2015

Patent law changes in US mean there are potentially billions of dollars of write-downs on public company balance sheets, says Spangenberg

Erich Spangenberg, the CEO of nXn Partners and founder and former CEO of IP Navigation Group (IPNav), is not a man to mince his words; and in an exclusive article for the IAM blog he is certainly not doing that. Instead, he has put together a piece…

10 January 2015

NPE suits in the US down significantly in 2014 and figures make it clear that SMEs are very much a secondary target

The 2014 Patent Litigation Report published earlier this week by Unified Patents is a treasure trove of statistics. Not surprisingly for a firm whose business model is focused on helping clients defend against “frivolous lawsuits” primarily…

09 January 2015

An IPR warning shot for pharma that could resonate far and wide

Earlier this week US hedge fund investor Kyle Bass got the wires buzzing when he reportedly outlined his plans to wage an inter partes review (IPR) war on big pharma at the USPTO’s Patent Trial and Appeal Board (PTAB). According to Bass,…

06 January 2015

The IAM IP personalities of 2014, part two

Yesterday, we revealed the identities of the first six of our IP personalities of 2014. Today, we name the final six - once again in alphabetical order. As previously explained, at IAM we define a “personality” in very broad terms. You don’t have to…

17 September 2014

Supreme Court rules on patentable subject matter in Alice

The Supreme Court has issued its decision in Alice Corporation v CLS Bank International. This case dealt with what constitutes patentable subject matter under 35 USC § 101. The decision affirmed the Federal Circuit's earlier en banc per curiam decision in which it unanimously held that the method and "computer-readable media" claims at issue were not patent eligible.

23 July 2014

Federal Court affirms standing for innovative drug manufacturer

What rights do innovative drug manufacturers have in situations where generics challenge certain Health Canada decisions but do not name the innovators as parties? A recent Federal Court decision highlights that innovators should monitor judicial review proceedings at the Federal Court for proceedings implicating their rights.

16 July 2014

Experimental testing in patent actions: Federal Court issues notice to the profession

The Federal Court of Canada recently issued a notice to the profession with respect to experimental testing in patent actions. The notice codifies existing and general practices for patent infringement actions and provides more structure and certainty for litigants considering experimental testing in connection with their actions.

09 July 2014

Federal Court of Appeal updates Section 8 damages law

The Federal Court of Appeal has issued its highly anticipated decisions concerning claims by Teva and Apotex for damages pursuant to Section 8 of the Patented Medicines (Notice of Compliance) Regulations. These claims followed prohibition proceedings involving Apotex and Teva related to generic versions of ramipril, marketed by Sanofi as ALTACE®.

08 January 2014

"Plain and obvious” that innovators’ profits are not available to generics in Ontario

The Ontario Court of Appeal recently upheld the Ontario Superior Court’s dismissal of Apotex’s claim for disgorgement of Takeda and Abbott’s profits in the context of the Patented Medicines (Notice of Compliance) Regulations. The divisional court applied the appeal court’s decision swiftly in a case involving another Apotex claim for disgorgement.

27 November 2013

First final written decision in inter partes review

In the first final written decision in an inter partes review, Administrative Patent Judges Lee, Thierney and Cocks ruled that all of the claims for which trial was instituted were unpatentable. The petition for inter partes review had requested review of all 20 claims of US Patent 6,778,074, but trial was instituted for only three claims.

20 November 2013

Federal Court of Appeal clarifies disclosure requirement for sound prediction

The Federal Court of Appeal recently rendered its decision in the appeal and cross-appeal of Justice Martineau’s decision in Eurocopter v Bell Helicopter Textron Canada Ltée. The court's comments with respect to the issue of utility were of particular interest, as they dealt with the often controversial doctrine of sound prediction.

24 July 2013

Court grants largest patent infringement damages award in Canadian history

The Federal Court recently released a decision granting the largest award of damages for patent infringement in Canadian history. In Merck & Co, Inc v Apotex Inc Justice Snider found that Merck was entitled to over C$119 million in damages, plus interest, for Apotex’s infringement of Merck’s patent for the anti-cholesterol drug lovastatin.