How do you plead patent infringement in the United States? Can you survive a motion to dismiss if the defendant challenges the sufficiency of your complaint? What should you do? Let’s say your client has a United States patent that is believed to be infringed by another party. You do not rely on the client … Continue Reading
On December 6, the Supreme Court reversed Apple’s $399 million patent infringement verdict against Samsung. The decision – the first from the Supreme Court to interpret design patent damages since 1886 – arguably raises more questions than it answers. In a series of widely-publicized cases around the globe, Apple and Samsung have been battling over … Continue Reading
In August 2016 Rospatent has initiated a public discussion on provisional applications and licensing of unregistered patents in Russia. In Rospatent’s view, provisional applications are designed to establish an effective 12-month term, within which applicants may file their non-provisional (“ordinary”) applications. In order to register a provisional application an applicant should disclose a technical decision … Continue Reading
Just over a week ago, the population of the UK voted in a referendum to leave the European Union. This was something of a shock, particularly for those of us in the legal profession who get to appreciate the effects that EU harmonisation of law can bring for our clients. The result is starting to … Continue Reading
Suppose that you have a unique design for your product but no patent protection in the United States? Can you protect your product design to prevent a competitor from producing the same or similar design? Is there anything you can do? Let’s say you created a unique design for a product such as a smart … Continue Reading
Here’s a quick “heads up” of what I see as the key reforms of IP laws in the pipeline at the European Union (EU) level that are likely to affect EU regional registrations of IP, as well as the national laws of each and every EU Member State. You will no doubt be reading more … Continue Reading
ILN IP Insider is starting a new series – we’re featuring interviews with ILN IP lawyers, asking them questions on the state of IP Law in 2016. These will typically be one to two-question interviews with our practitioners from around the world. Our first interview is with Arnstein & Lehr lawyer, Judith Grubner: What’s the … Continue Reading
The UK has for a long time had laws in place that make it illegal for IP owners to make “unjustified threats” to bring proceedings for infringement of registered IP rights. In recent years, this prohibition has been narrowed to exclude threats made in respect of primary infringement (i.e. manufacturing, importing or supplying services), but … Continue Reading
A recent decision of the Full Federal Court of Australia (Bristol Myers Squibb Company v Apotex Pty Ltd [2015] FCAFC 2) has resolved uncertainty about the requirements for an exclusive licence of a patented invention. Legislation The Patents Act 1990 (Cth) provides that an exclusive licensee holds a licence from the patentee to exploit the … Continue Reading
