Infojustice: The Question Of Patent Eligible Subject Matter And Evergreening Practices31/07/2013 by Intellectual Property Watch Leave a CommentInfojustice writes: Over the past few years, patent-eligible subject matter has become one of the hotly debated areas of patent law in several countries. Even in the United States, the Supreme Court is beginning to express concerns about overly inclusive patent rules that stifle both competition and follow-on innovation. However, significant confusion persists over the difference between patent eligible subject matter and patentability requirements. Patent eligibility tests have proven quite difficult to apply, often leading to inconsistent and unpredictable results.
EFPIA, PhRMA Release Joint Principles For Clinical Trial Data-Sharing, To Criticism30/07/2013 by Intellectual Property Watch 1 CommentThe European Federation of Pharmaceutical Industries and Associations (EFPIA) and the Pharmaceutical Research and Manufacturers of America (PhRMA) endorsed joint principles for clinical trial data-sharing.
Infojustice: Setting The Record Straight On Fair Use In US30/07/2013 by Intellectual Property Watch Leave a CommentA paper examining the fair use doctrine in the United States, published by law professors Peter Jaszi and Matthew Sag and University of California at Berkeley fellow Gwen Hinze, addresses specific issues raised in an earlier submission to the Australian Law Reform Commission (ALRC) by the Kernochan Center for Law, Media and the Arts.
Patent Risk: The ‘New Normal’ In Patent Troll Litigation30/07/2013 by Kelly Burke for Intellectual Property Watch Leave a CommentNew York – Financial companies in 2012 faced nearly four times the patent litigation from non-practicing entities (NPEs), often called “patent trolls”, than they did five years ago and 2013 promises to be no different, according to a presentation by RPX Corporation, a patent risk management services provider. Financial institutions’ use of social media and its associated risk was also a topic of discussion.
IP And Public Health, Biotech Rise As Issues In TPP Negotiations30/07/2013 by Brittany Ngo for Intellectual Property Watch 3 CommentsIntellectual property and the issues of biotechnology and public health are rising concerns for stakeholders to the Trans-Pacific Partnership agreement negotiations.
European Commission Proposes Rules Changes To Create Unitary Patent Court29/07/2013 by Intellectual Property Watch 3 CommentsThe final legislative piece needed for the establishment of a unitary EU patent system emerged from the European Commission today.
United States Confounded By Standard-Essential Patents29/07/2013 by Steven Seidenberg for Intellectual Property Watch 2 CommentsThe United States is in a muddle over standard-essential patents. The nation’s courts and its executive agencies all agree that these patents play vital roles in the economy, but they disagree about what remedies are available when these patents are infringed. A recent decision by the US International Trade Commission has added to the confusion.
Motorola vs. Microsoft And The Future Of FRAND29/07/2013 by Intellectual Property Watch 5 CommentsAndrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.
WIPO General Assembly Left To Decide Future Work Of TK Committee25/07/2013 by Catherine Saez, Intellectual Property Watch 4 CommentsAfter three days of stocktaking, members of the World Intellectual Property Organization committee on genetic resources and traditional knowledge were unable to agree on a recommendation on the future work of the committee to the September WIPO General Assembly. Instead, a report will be transmitted to the Assembly with the expectation that this high level committee will reach agreement.
Concerns Raised Over Potential Threat of Investment Agreements25/07/2013 by Brittany Ngo for Intellectual Property Watch 1 CommentInvestor agreements, included in many bilateral investment treaties (BITs), are a source of growing concern for many national governments. These agreements essentially leave countries vulnerable to litigation by individual firms, rather than other countries, as is the case in traditional World Trade Organization disputes.
