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PATENT

DECEMBER 2008 / JANUARY 2009 NOVEMBER 2008
  • Time to reconsider the PHOSITA

    Maintaining consistency and ensuring stability in the patent examination process are crucial to the issuance of quality patents. Marian Underweiser of IBM proposes one way to make the process more predictable

  • Software patents under scrutiny in Europe

    The EPO's Enlarged Board of Appeal is set to give a definitive ruling on the patentability of computer programs in Europe

  • Federal Circuit clarifies business method patents test

    In the Bilski decision, the Federal Circuit last month reaffirmed that business methods are patentable in the US, but rejected the "useful, concrete, tangible" test set forth in previous opinions

  • Federal Circuit curbs ITC jurisdiction

    The Federal Circuit last month ruled that the ITC could not extend a limited exclusion order barring the import of Qualcomm chips found to infringe Broadcom's patent to downstream products

  • Birth of a rocket-docket

    US Magistrate Judge Stephen Crocker has recently taken on a bigger role at the nation's latest patent rocket-docket. Eileen McDermott spoke to him about how the Court will continue to handle the heavy patent caseload minus one judge, as well as what the future holds

OCTOBER 2008
  • The most important man in IP

    This month, Francis Gurry takes over the role of WIPO director general, as the world's only international organisation dedicated to intellectual property begins its recovery from a period of criticism and stagnation. In an exclusive interview, he discusses the challenges WIPO faces, the changes he will make and why he is the right man for the most important job in IP

  • Home truths about the EPO

    The European Patent Office has talked about raising the bar, and its allowance rate has fallen in recent years. Hugh Dunlop asks: what’s really going on at the Office?

  • How trolls can circumvent eBay

    The Supreme Court's eBay decision made it harder for patent trolls to obtain injunctions. Bas de Blank and Fabio Marino explain why the ITC may give them an escape route

  • How pharma companies can leverage their IP rights

    Pharmaceutical companies are adopting new IP strategies to stay competitive. Rakesh Mishra and GVS Sesha Kumar review some of the most successful examples

  • Your guide to oppositions worldwide

    Managing IP asked correspondents in six jurisdictions that either have, or are considering introducing, pre- or post-grant opposition to address the key questions for patent owners

  • Federal Circuit sets new test for design patents

    The Federal Circuit last month threw out the established test for design patent infringement in the US in what many are heralding as a long overdue shift in the design patent landscape

  • China's patent amendments uncovered

    China's National People's Congress has published the latest draft of amendments to its patent law. Managing IP provides a guide to what may change

  • Duffy predicts patent changes

    Professor John Duffy made three predictions about the patent system in Managing IP's first e-symposium last month

SEPTEMBER 2008
  • Get ready for the clean tech IP boom

    The world is beginning to face up to the threat of climate change. But meeting the climate challenge will above all require the development of new technologies. James Nurton asks: can patents save the planet? Plus: clean tech case studies, green branding and the Green IP Award

  • Your guide to US patent venues

    As more and more US courts become patent-savvy, it is important to understand the procedural differences between the main venues. Authors in five districts and the ITC answer your questions

  • How to achieve success at Markman

    The pre-trial Markman hearing that is standard in US patent infringement cases can provide parties the opportunity to bypass expensive litigation. Andrew Piatnicia explains how to maximise the possibilities

  • EU Bolar exemption is not so simple

    The EU directive to introduce a US-style Bolar provision promised to harmonise the law on clinical trials. But, says Marina Barnden, inconsistent application has led to uncertainty

  • Meet China's litigation pioneer

    Peter Ollier talks to Vincent Zhong, vice president of Netac Technology, the first Chinese company to sue an American rival in the US for patent infringement

  • Letter from the editor

    Everyone likes to win prizes – especially when they are worth $300 million. That is the amount that US presidential candidate John McCain has proposed offering as an award to the inventor of a cheap, powerful car battery that will "leapfrog" existing commercial products

  • Taiwan to change compulsory licensing rules

    Taiwan's Intellectual Property Office is to amend the compulsory licensing provisions of its Patent Law after a long-running dispute between a local CD maker and Philips finally ended

  • USPTO prepares for Federal Circuit

    The Federal Circuit will hear one of its most controversial cases before the end of 2008, as the USPTO appeals a lower district court ruling that its rule changes were unlawful

  • Lords add to obviousness debate

    The House of Lords made its most important patent ruling in recent times when it clarified the test for obviousness in the UK. How have other courts dealt with this issue?

JULY / AUGUST 2008
  • How Quanta will change licensing

    The Supreme Court's decision in Quanta v LG could make it harder for licensors to collect downstream royalties. Eileen McDermott explores the implications

  • Politics, power and passion - this year's MIP 50

    With IP reforms being discussed around the world, this year's selection of the most influential people in IP features many politicians and campaigners. But there are also a few surprises

  • Avoid competition problems in China

    China's long-awaited Anti-Monopoly law comes into effect on August 1, but its impact on IP owners is far from certain, explain Kirstie Nicholson and Zirou Liu

  • Why privilege rules need to be reformed

    Attorney-client privilege is an increasingly contentious issue worldwide. Jochen Bühling and Michael Jewess introduce a series of jurisdiction-based Q&A articles

  • Litigation planning for licensors

    IP licensing is a key tool in any company's belt. But several recent Supreme Court decisions could make the process trickier, say Edward E Vassallo and Swatee Jasoria

  • How biotech patentees can navigate KSR

    Ewa M Davison and Gary M Myles provide strategies for establishing non-obviousness in the biotechnology and pharmaceutical arts in light of the Supreme Court’s rejection of a rigid TSM test

  • HP hit with $184 million jury award

    Hewlett-Packard was last month ordered by a jury to pay $184 million to Cornell University for patent infringement

  • Point of novelty test for design patents reviewed

    Judges focused on whether or not to maintain the point of novelty test for determining design patent infringement in last month's hearing in Egyptian Goddess v Swisa

  • Tech transfer leaders recognized

    Procter & Gamble, Max Planck Innovation and the Catholic University of Leuven have been recognized for their achievements in technology transfer

  • Peer-to-patent increases prior art submissions

    he USPTO's peer-to-patent project has led to an increase in prior art submissions but has failed to bring in fresh patent applications in its first year

  • Lipitor dispute settled

    Branded and generic drugs companies could be more willing to compromise on IP rights, following the Pfizer/Ranbaxy settlement over Lipitor

  • Letter from the editor

    1968 saw a social revolution in Paris. Forty years on, there is the potential for another memorable achievement in the city

JUNE 2008 MAY 2008
  • How to survive ITC litigation

    At a recent web seminar organized in conjunction with Finnegan Henderson, two private practitioners, an in-house lawyer and an attorney at the International Trade Commission explained how plaintiffs and defendants can navigate their way around the rules

  • Why India's patent battles matter

    Four pharmaceutical patent cases being argued in India will have a big impact on healthcare issues in the region. Peter Ollier looks at what is at stake

APRIL 2008
  • How to avoid patent prosecution errors

    Mistakes made in the patent drafting process can come back to haunt litigants in the court room. Martin Sulsky and Raj S Davé explain how to avoid common drafting errors

  • Microsoft's IP plans under the spotlight

    Interview: As Microsoft's global vice-president of IP and licensing, Horacio Gutierrez plays an integral role in protecting the company's IP rights

  • Judge calls for European litigation system

    A leading UK judge has called for a "one-stop patent shop" to cater to companies that do business across Europe, after finding a patent invalid just days after it was upheld by a court in the Netherlands

  • Philips wins Taiwan compulsory licensing battle

    A court in Taipei has overturned a decision by the local IP office to grant compulsory licences to a Taiwanese company for five patents owned by Philips

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December 2008 / January 2009


COVER STORY:
The IP world goes flat

Companies can save a lot of money by outsourcing their IP work, but it takes time and effort to get the process right. Peter Ollier assesses the options