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

Global Patent Prosecution Newsletter - August 2017

Worldwide Patent Term Extension Provisions - Mechanisms to recover patent term lost during regulatory approval are available in many countries throughout the world. The August 2017 issue of Sterne Kessler’s Global Patent...more

Biosimilar Uptake and Patent Litigation in Japan

Biosimilar uptake in Japan has been a bit mixed, but according to experts the volume shares of biosimilars suggests it could be a key market in years to come. The Pharmaceuticals and Medical Devices Agency (PMDA), which is...more

Clarifying or Conforming? The EPO Bows to the European Commission

by Jones Day on

In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

Update on Significant DOT, FAA, and Other Federal Agencies’ Aviation-Related Regulatory Actions - July 2017

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the latest FAA reauthorization bills, the Department of Homeland Security’s enhanced aviation security measures, the DOT Inspector General’s audit...more

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

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

Collaboration, Harmony Key For International Drone Rules

by Morrison & Foerster LLP on

The Federal Aviation Administration’s Small Unmanned Aircraft Rule, called Part 107, broadly authorized simple, visual line-of-sight operations with drones that weigh less than 55 pounds. Part 107 was considered by most to be...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

Update on Biosimilar Approvals and Pending Applications in Europe and the U.S.

Approvals of biosimilar products in Europe continue to outpace those in the United States. 28 biosimilars are currently approved in Europe and five in the U.S. In 2017, the European Medical Agency has approved six...more

Celltrion May Apply for FDA Approval for Rituximab and Trastuzumab by June

by Goodwin on

The Korea Herald reports that Celltrion is on track to file applications for U.S. FDA approval for its rituximab and trastuzumab biosimilars by June. According to the article (and as previously reported), once approved, the...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

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

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

RxIP Update - 2016 Year in Review

by Smart & Biggar on

The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights. 1. Substantive patent law developments - Utility and...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

by Foley & Lardner LLP on

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

JW Marriott and DJI, Drone-Maker, Partner Up for Drone Experience Program

JW Marriott Hotel & Resorts (Marriott) and DJI, one of the world’s largest drone makers, have partnered up to launch the hotel chain’s first Drone Experience Program; a program which will provide guests with the opportunity...more

Federal Circuit PTAB Appeal Statistics – November 2016

Through November 1, 2016, the Federal Circuit decided 128 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 101 (78.91%) of the cases, and reversed or vacated the PTAB on every issue in...more

Freedom to Operate and the Use of AIA Review

by Knobbe Martens on

Freedom to Operate: •Identifying infringement risk •Third party patent (infringement) – claim searching –Timing •Discrete, continuous –Searching •In-house, search agency –Screening/analyzing •Ranking...more

Changes to BIS's information security controls bring relaxed controls, removal of registration requirement

by Dentons on

As part of a raft of revisions to the Export Administration Regulations ("EAR") implementing December 2015 changes to the Wassenaar Arrangement, on September 20, 2016, the Bureau of Industry and Security ("BIS") issued a...more

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

Mobile apps face new controls in China

by Dorsey & Whitney LLP on

The circumstances surrounding the replacement of Lu Wei as head of the Cyberspace Administration of China in June remain difficult to discern, but the politics surrounding its leadership seem not to have deflected the CAC...more

Turkish hackers claim hacking into Library of Congress website

A hacking group that has dubbed itself the “Turk Hack Team” is taking credit on an online message board that it hacked into the Library of Congress website and hosted systems of Congress.gov, the Copyright Office,...more

Packing Your Patent Application for Europe: Avoiding Problems Under European Patent Law

by Hodgson Russ LLP on

Planning an extended European vacation for your patent application? A lengthy stay in Munich with possible outings to The Hague, Berlin, Vienna, or Brussels? While your patent application won’t be strolling through the...more

European Patent Office to Make Pan-European Revocation Proceedings Faster, More Efficient as of July 1

by Reed Smith on

European Patent Office oppositions are a very powerful way of litigating newly granted patents. In reality these are pan-European revocation proceedings, with profound strategic significance for life sciences companies – this...more

The European Patent Office introduces a “go-faster” opposition process

by Reed Smith on

The European Patent Office (EPO) has announced that from 1 July 2016, post-grant oppositions will be reformed so that they become significantly faster and more efficient. The effect of these changes is that in straightforward...more

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