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Administrative Agency Intellectual Property International Trade

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope

by Field Law on

Many inventions involve software, and many inventors are interested in protecting such inventions with a patent. The question is: are software inventions patentable? Based on recent cases in the United States, the answer is:...more

EP Opposition and US Inter Partes Review Decisions Go Hand In Hand

It is often desirable to obtain patent protection for inventions both in Europe and the United States. As a result, competitors frequently look to Europe and the US as important jurisdictions for challenging the validity of a...more

Judge Essex Updates Ground Rules to Limit Prehearing Briefs, Opening Statements

by Jones Day on

Last week, Judge Essex issued a notice updating his ground rules in active investigations pending before him...more

A Comparison of US and EPO Post Grant Practices

Challenging the validity of a patent through the courts of Europe and the United States can be a time-consuming and expensive process. Oppositions at the European Patent Office (EPO) and US post-grant cancellation...more

Canada’s New Draft Trademark and Industrial Design Regulations

by Smart & Biggar on

As previously reported, Canada’s trademark law will be significantly overhauled. The most recent forecast from the Canadian Intellectual Property Office (CIPO) suggests that the new law will come into force by early 2019....more

Global Patent Prosecution Newsletter - June 2017

Revocation Proceedings Around the World - Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more

Commissioner Kieff to Leave ITC

by Jones Day on

ITC Commissioner F. Scott Kieff has announced that he is leaving the ITC to return to his previous academic position as a professor at the George Washington University Law School.  Kieff’s last day at the ITC will be June 30,...more

Worldwide Public Disclosure Grace Periods - May 2017

Albania - 6 months - Novelty/Inventive Step in Limited Circumstances - Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date (priority date) when...more

Patent Grace Period Laws in the IP5 Patent Offices: Some Similarities But Largely Different

Life science and other high technology companies most frequently file patent applications in five IP offices (IP5), namely: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japanese...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

An Update on Patent Enforcement in China

As patent filing and grant numbers have skyrocketed in China, so has the attractiveness to settle patent infringement suits there. The opening of a series of specialized intellectual property courts, especially the courthouse...more

Global Patent Prosecution Newsletter - April 2017

With the implementation of Revisions to the Chinese Patent Examination Guidelines on April 1, 2017, the April 2017 issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for...more

Brexit and your EU trade marks – time for an IP audit

by Dechert LLP on

The UK government triggered Article 50 on 29 March 2017. However, there is still little clarity on the repercussions of Brexit for European Union trade marks (EUTMs), including the issue of non-use. ...more

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

by Knobbe Martens on

The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more

ITC Declassifies Portions of Final Determination

by Jones Day on

In re Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944 (ITC Comm’n Apr. 19, 2017), is a surprisingly rare opinion addressing a common issue: When should the ITC redact a portion of an...more

Can Renting Be a Sale After Importation?

by Jones Day on

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does...more

ITC Judge Takes Notice of PTAB Institution Denials

by Jones Day on

PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation...more

Federal Circuit Review | March 2017

by Knobbe Martens on

Federal Circuit Remands IPR Final Decision For Inadequate Obviousness Analysis, Sidesteps Issue of Proper Claim Construction Standard - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2016-1174, the Federal...more

ITC Proceedings Do Not Trigger One Year Clock to File IPR

by Jones Day on

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...more

Rx IP Update - March 2017

by Smart & Biggar on

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine - As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking...more

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

ITC Section 337 Update – March 2017

by King & Spalding on

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

New Amendments to SIPO's Guidelines for Patent Examination

by Brinks Gilson & Lione on

The State Intellectual Property Office of China (“SIPO”) on March 1, 2017 finalized the amendment to its Guidelines for Examination; the amendments included patentability of business method patents, enhanced claiming options...more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

by Jones Day on

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

Complainant Cannot Move For Summary Determination Against Its Own Interests

by Jones Day on

Judge Pender issued Order No. 19 in Certain Access Control Systems and Components Thereof, Inv. No. 337-TA-1016, denying Complainant The Chamberlain Group’s (“CGI”) motion for summary determination that the accused products...more

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