Do business in Europe? Here’s a roundup of recent commentary and analysis on conducting business in Europe, including REACH regulations, patent classification, taxation, mobile apps, dawn raids, and more: Some clarification regarding challenges to REACH candidate listing (K&L Gates LLP): “In a series of recent judgments the EU General Court has given some guidance to companies… Read more »
[Link: What the First-to-File Patent Change Means (And What IP Strategists Should Do About It)] On March 16, 2013, the long-awaited “first-to-file” provisions of the America Invents Act go into effect. For your convenience, here’s a JD Supra roundup of most recent commentary and analysis on the historic change: Does The Experimental Use Exception Survive… Read more »
Welcome to our latest Corporate Law Report. You know what to do: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Need-to-know – in the workplace: Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants – Sutherland Asbill & Brennan… Read more »
We’re less than two months away from the official launch of “First-to-File” in the United States. From Tom Kohler of law firm Downs Rachlin Martin: “The America Invents Act or ‘AIA’ was signed into law by President Obama on September 16, 2011. After an eighteen month waiting period, on March 16, 2013, two months from… Read more »
“The unitary patent will provide automatic unitary patent protection in all 25 participating member states (Spain and Italy are not included) in a move said to be directed at cutting costs for EU companies and, hence, boosting competitiveness. Of course, unitary patents and their enforcement via the unified court is available for non-EU applicants as… Read more »
For your reference, a roundup of recent updates on intellectual property law issues in the news: design patents, the patentability of genetic material, trademark disputes, and more. You should know: On Design Patents… The Future of Design Patents (Sterne Kessler): Attorney Tracy-Gene G. Durkin’s take on what the future may hold for design patents. Is… Read more »
Here’s a look at three recent developments in intellectual property law with implications that go far beyond copyright, patent, and other IP issues. You should know: 1. Gray Goods are Red Hot The Supreme Court recently heard oral arguments in a case of international proportions: does the Copyright Act’s doctrine of first sale – which… Read more »
On August 31, 2012, the Court of Appeals for the Federal Circuit issued a ruling that, writes Tony Dutra at Bloomberg BNA, “will likely have more effect on patent law in the future than Apple’s iPhone design patents will.” Nicole Smith and Ryan Malloy (law firm Morrison & Foerster) explain: “In the 6-5 decision, the… Read more »
“Isolated DNA molecules are patent-eligible, reaffirmed the U.S. Court of Appeals for the Federal Circuit in Ass’n for Molecular Pathology et al. v. Myriad Genetics, Inc. et al., lifting a cloud of uncertainty over DNA composition patents. ‘The isolated DNA molecules before us are not found in nature. They are obtained in laboratory and are… Read more »
[Link: Court Allows Apple to Push for Ban on Samsung Tablets - LXBN] The latest round of the Apple v. Samsung lawsuit over the design of Samsung tablets is underway in San Jose, California. But the dispute between the two tech giants goes beyond what Fortune magazine calls “the Patent Trial of the Century.” The… Read more »
In late June, European Union officials cleared what appears to be the final hurdle to a unified EU patent and patent litigation system, ending nearly 40 years of negotiations. The sticking point – which country should host the seat of the Unified Patent Court – was resolved with a compromise that splits the court amongst… Read more »
On May 4, 2012, a Federal Circuit panel issued a decision that narrowed the conditions under which plaintiffs can include multiple unrelated defendants in claims of patent infringement. The ruling, which only applies to lawsuits filed before the America Invents Act took effect in September 2011, blocks joinder in multi-defendant patent infringement cases where the… Read more »
On April 17, 2012, the Supreme Court ruled in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S that generic drug makers can sue brand-name drug makers when the latter claim exaggerated descriptions of indications covered by their patented drugs. The Food and Drug Administration has historically allowed brand-name drug makers to write their own descriptions… Read more »
In a unanimous decision earlier this month, the Supreme Court ruled in Kappos v. Hyatt that a patent applicant has the right to present new evidence when appealing the rejection of their application. The ruling clarifies the procedures for introducing and evaluating new evidence in support of a denied patent application. For your reference, a roundup… Read more »
On March 12, 2012, India’s Patent Office granted Indian drug manufacturer Natco Pharma a compulsory license to sell a generic version of Bayer AG’s kidney and liver cancer drug Nexavar. It’s the first time an Indian company has been granted a compulsory license under the Indian Patent Act of 2005, the law which allows the… Read more »
