Year Ahead: Big IP Developments Loom For US Law In 2015

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2014 brought major changes to the United States intellectual property system, particularly in the area of patent law. 2015 promises more of the same, as the new Supreme Court ruling in Teva Pharmaceuticals USA v. Sandoz attests. Here’s a discussion of Teva and other key cases and developments to watch this year.

Gilead To Appeal India Patent Rejection, Hails Regulatory Approval

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Pharmaceutical manufacturer Gilead has given its side to this week’s story of the rejection of its patent on a hepatitis C treatment in India, and it insists it will prevail in making its medicines available in India on its terms.

Top European IP Experts Hail CEIPI’s 50 Years With Vision, Suggestions For IP System

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The celebration late last year of the 50th anniversary of the Centre de Études Internationales de la Propriété Intellectuelle (CEIPI) at the Université de Strasbourg, France, brought together leading figures in the European IP community. Speakers hailed the origin and successes of the IP system in Europe, and had suggestions for what do better going forward.

ISPs In US Face New Copyright Attack

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It is a novel way to attack online copyright infringement. Two music companies have sued an internet service provider, alleging that because the ISP failed to terminate the accounts of repeat infringers, the ISP is guilty of secondary infringement. This lawsuit troubles many copyright experts and its success is far from certain, but the music companies may achieve their aims regardless.

Recent Cases Warn Of Dangers Of Trying For Second Bite At The IPR Apple

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The American Invents Act of 2011 (AIA) created inter partes review (IPR), a new opposition-like proceeding conducted at the US Patent Trial and Appeal Board (PTAB) in the US Patent and Trademark Office to challenge the validity of patent claims based on prior art patents and printed publications. Since then, conventional wisdom has advised filing a petition for IPR quickly after being sued for patent infringement, because any deficiencies or mistakes the PTAB identifies could be corrected with a second petition later on. Several recent decisions from the PTAB reveal limits to that strategy.

EPO Supervisory Body To Face Fears Over Patent Quality, Judicial Independence

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As staff strikes continue and the European Patent Office’s Administrative Council prepares for what could be a contentious 11 December meeting, opinions are split over the effect of the turmoil on the office’s role in Europe’s unitary patent.

One Bite At The Apple: PTAB Closes IPR Joinder Loophole

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As a result of the America Invents Act enacted three years ago, the United States Patent Trial and Appeal Board (PTAB) now handles inter partes reviews (IPR)—a new trial proceeding used to challenge the validity of patent claims based on patents and printed publications. Recently, the PTAB has caused a split concerning the proper scope of the IPR joinder provision, which grants the PTAB discretion to join a “party” to a previously-instituted IPR. In the past, the PTAB interpreted the term “party” expansively to include petitioners for whom it had already instituted an IPR. Petitioners were quick to jump on this loophole, and have since sought to raise new arguments in an instituted IPR by filing a subsequent petition and seeking joinder with the in-progress proceeding.

A Middle-Path: Advocate-General’s Opinion On Abuse Of Dominance For FRAND-Encumbered SEPs

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For the first time, the European Advocate-General has suggested on the grounds of European competition law the context for negotiations of fair, reasonable and non-discriminatory (FRAND) terms, and has set criteria for the enforcement of injunctions and other remedies in actions involving infringement of standard-essential patents (SEPs). The Court of Justice of the European Union (CJEU) decision is still pending.

CEIPI Celebrates 5oth Anniversary With Major Conference

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The highly esteemed Center for International Intellectual Property Studies (CEIPI) in Strasbourg will mark its 50th anniversary this week with a conference featuring the top names in the European IP community. Below is the press release announcing the event: Conference CEIPI / 27-28 November 2014 Council of Europe, Strasbourg “Perspectives for the Intellectual Property System […]