VPATAPP Alert_EPO Will Not Allow Patents On Plants, Animals From Biological Processes

https://www.ip-watch.org/2017/06/29/epo-will-not-allow-patents-plants-animals-biological-processes/

The European Patent Office issued a clarification about the patenting of plant and animal products, putting it in line with a European Commission clarification that such products obtained through a biological breeding process should not be patentable.

VPATAPP Alert_Patent Trolling Isn’t Dead — It’s Just Moving to Delaware

https://hbr.org/2017/06/patent-trolling-isnt-dead-its-just-moving-to-delaware

By Lauren H. Cohen, Umit G. GurunScott and Duke Kominers

Reports that TC Heartland will kill patent trolling have been greatly exaggerated. It is likely that the decision will just be a troll relocation package. If we want to solve the patent trolling problem, we need change the fundamental incentives that promote trolling - not just change the trolls’ zip codes.

VPATAPP Alert_Patent enforcement through the courts in the USA

http://www.lexology.com/library/detail.aspx?g=160a6b50-6b63-44b4-8b24-952f3b761ec8


Patent enforcement through the courts in the USA by Paul, Weiss, Rifkind, Wharton & Garrison LLP

The article answers various questions like
1. What are the most effective ways for a patent owner to enforce its rights in USA?

2. What scope is there for forum selection?

3. What are the stages in the litigation process leading up to a full trial?

4. How easy is it for defendants to delay proceedings and how can plaintiffs prevent them from doing so?

5. How might a party challenge the validity of a patent through the courts in anticipation of a potential suit for infringement being issued against it?

6. What level of expertise can a patent owner expect from the courts?

7. Are cases decided by one judge, a panel of judges or a jury?

8. If jury trials do exist, what is the process for deciding whether a case should be put to a jury?

9. What role can and do expert witnesses play in proceedings?

10. Does your jurisdiction apply a doctrine of equivalents and, if so, how?

11. Is it possible to obtain preliminary injunctions? If so, under what circumstances?

12. How are issues around infringement and validity treated in USA?

13. Will courts consider decisions in cases involving similar issues from other jurisdictions?

14. Can the successful party obtain costs from the losing party?

15. What are the typical remedies granted to a successful plaintiff?

16. How are damages awards calculated? Are punitive damages available?

17. How common is it for courts to grant permanent injunctions to successful plaintiffs and under what circumstances will they do this?

18. How long does it take to obtain a decision at first instance and is it possible to expedite this process?

19. How much should a litigant plan to pay to take a case through to a first-instance decision?

20. Under what circumstances will the losing party in a first-instance case be granted the right to appeal? How long does an appeal typically take?

21. Are there other dispute resolution options open to parties that believe their patents to be infringed outside the courts?

VPATAPP Alert_Patent prosecution data analytics

http://www.jdsupra.com/legalnews/patent-prosecution-data-analytics-63471/

Preparing patent applications for examination at the United States Patent and Trademark Office (USPTO) requires proficient writing, detailed knowledge of the requirements of the Patent Act, and technical acumen. Once a patent application has been filed, a patent practitioner must also communicate effectively with the examiner assigned to review the application, weigh the costs of claim amendments with the benefits of expeditious prosecution, and understand the needs of her clients. In large part, these considerations are influenced, not only by the aptitude or diligence of the patent practitioner, but by the unique interpretation of the claims, understanding of the Manual of Patent Examining Procedure (MPEP), and overall style of the examiner assigned to the application. The difference between broad or narrow claims, efficient or expensive prosecution, or an issued or rejected application rests on these particularities of the examiner. Accordingly, experienced patent practitioners should, to the extent possible, understand the tendencies of the examiner, and thereby focus prosecution strategy to obtain the most valuable patent at the lowest cost to the client.

Up until recently, knowledge of particular examiners at the USPTO was limited to anecdotal exchanges between colleagues (e.g., “John Smith was very difficult to work with” or “Jane Smith was willing to work with me”) or personal experience. But data analytics services now provide patent practitioners the ability to easily determine tendencies of patent examiners, which allows them to amend their prosecution strategies accordingly. This article focuses on the information provided by such services, and provides three particular scenarios where examiner-specific analytics can be used to update prosecution strategy.

Juristat’s Examiner Reports and Examiner Ninja are two data analytics services that provide patent prosecution data on a per examiner basis. Both services include user-friendly interfaces that summarize each examiner’s prosecution statistics, including the total number of applications the examiner has examined and a breakdown of how many applications were issued, were abandoned, and are pending. While Juristat’s Examiner Reports include more detailed information than that provided by Examiner Ninja, Examiner Reports is a paid service and Examiner Ninja is free. Which service a patent practitioner should use depends on the preferences of the practitioner and the needs of the client. However, either service can be used in any number of scenarios at any stage of prosecution to inform prosecution strategy.

VPATAPP Alert_IP Fest at Ahmedabad, India on 14th July 2017.

http://ipfest.in/

An initiative under the Intellectual Property Protection Organisation, the Intellectual Property Fest is the first and one-of-its-kind celebration of the genre of intellectual property. The purpose is to generate a much needed awareness in the subject of IP. We bring the power houses of this field to share their knowledge and experience to the audience who can apply in their own fields. It is a form to celebrate and acknowledge the contribution of the individuals / firms in this industry.

VPATAPP Alert_Where Can Hatch-Waxman and BPCIA Cases Stick After TC Heartland LLC v. Kraft Foods Group Brands LLC?

http://www.jdsupra.com/legalnews/where-can-hatch-waxman-and-bpcia-cases-60821/

Hatch-Waxman litigators are accustomed to cases with multiple generic drug company defendants.  Brand drug company plaintiffs often sue multiple defendants in the same district court, even when those defendants are not incorporated in the district and have no facilities there.  Until now, as long as the court had personal jurisdiction over a defendant, there was little that defendant could do to get out of that court.  With the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, a defendant may now be able to dismiss a case for improper venue, even from a court that has personal jurisdiction over that defendant. 

Written by: K & L Gate LLP

VPATAPP Alert_AIA Estoppel - 7 Things We Know So Far

http://www.lexology.com/library/detail.aspx?g=ed28e044-861c-4136-9242-821a23696b4a

AIA Estoppel - 7 Things We Know So Far 

by Marshall Gerstein & Borun LLP

1. Estoppel is limited to patents and printed publications;
2. Non-instituted grounds are not estopped;
3. Beyond that, courts differ on the grounds that “reasonably could have” been raised in an IPR petition;
4. The PTAB is more liberal in its application of estoppel than District Courts;
5. Estoppel extends to real parties-in-interest;
6. Joinder does not avoid estoppel; and
7. The uncertain scope of estoppel has some courts wary of granting stays.

VPATAPP Alert_EP Register Update_Global Dossier - Individual and patent family member RSS feeds now available for patent monitoring

https://www.epo.org/searching-for-patents/legal/register/archive/release-notes-may-2017.html

With the new European Patent Register release, the RSS feeds have been extended to Chinese dossiers of an INPADOC family member of an EP document. The RSS feed icon is located on the Global Dossier page of the State Intellectual Property Office of the People's Republic of China (SIPO).

For a given European patent application you can access, within the Patent family section of the European Patent Register, its INPADOC patent family members and, for the participating countries, their dossiers via the Global Dossier link (see the help filesfor Global Dossier coverage).

RSS feeds are now available for patent family dossiers of an EP document, allowing you to receive alerts on dossier changes for EP and CN family members. Clicking on the RSS family dossiers icon turns it red and subscribes you in one move to changes in EP and CN dossiers, e.g. when new dossiers are added to any of the files.