Looking Behind The Different Invalidation Rates Of Oppositions And IPRs

Janice Vatland

Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September 2012), the United States (US) has two new procedures for challenging the validity of a patent before the US Patent and Trademark Office (USPTO): inter partes review (IPR) and post-grant review. Current statistics indicate a higher invalidation rate for IPRs as compared to EPO oppositions.

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

2015 balloon

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.

Special Report: Strictly Business: US IP Attachés Report Home

Panel of US IP attachés at GIPC event

WASHINGTON, DC – Last week was ‘old home week’ for officials in the United States intellectual property attaché program, as they returned before the holidays from their posts around the world. Speaking publicly, the officials gave mixed reports on the fight to advance IP rights worldwide. They also heard harsh but determined words about the situation in Geneva from the industry perspective. Two more attaché offices will open next year, and several attachés last week called for an elevation in their rank in order to enable them to have access to higher level officials in other countries.

ISPs In US Face New Copyright Attack

BitTorrent network

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

apple second bite

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.

US, China Put Emphasis On IP Issues

US-China

The United States and China yesterday concluded a three-day high-level meeting with numerous outcomes on intellectual property rights, including: local treatment of IP, trade secrets, geographical indications, inventor rights, patent data, sales of IP-intensive goods and services, online infringement, treatment of IP in standard-setting, bad-faith trademark filings, judicial best practices, and licensing of technology, according to the United States.

Will India, US Bridge Divide Over Intellectual Property Rights?

Modi Obama

There is an uptick in India-United States relations. US President Barack Obama will be in India in January as the chief guest at the country’s Republic Day Parade. Obama, who hosted India’s new Prime Minister Narendra Modi in Washington in September, will become the first US president to attend such a celebration, a display of India’s military might and ethnic diversity, as well as the first to visit India twice while in office.

One Bite At The Apple: PTAB Closes IPR Joinder Loophole

Apple Bite

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.

USTR Froman Presses India On IPR Regime

India-US 2969PR Flags Oct 2014

“Nearly one-third of all Silicon Valley start-ups have an Indian-American co-founder,” United States Trade Representative Michael Froman said in remarks on India today. The country of India is also innovating, but it must do more to have and enforce a world-class intellectual property rights regime, he said.

US Courts Recognise New Performers’ Rights

red guitar

For performers and record labels in the United States, it is terrific news. They possess previously unrecognised rights in audio recordings, according to three recent court rulings. But not everyone is pleased about this. The decisions not only upend 75 years of US copyright law, they create big problems for broadcasters, webcasters and many other internet firms, all of whom now face hefty liability for copyright infringement.