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Intellectual Property International Trade Science, Computers & Technology

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Top 5 Reasons For Life Sciences Companies To Use International Arbitration For Intellectual Property Disputes

Arbitration continues gaining popularity for resolution of cross-border disputes. A 2013 PricewaterhouseCoopers survey shows that 52% of the respondents preferred international arbitration to court litigation and mediation....more

On Your Mark, Get Ready, Pause — Ready for a 100-Day ITC Proceeding?

by McGuireWoods LLP on

Often, by the time a company decides to turn to the U.S. International Trade Commission (ITC) for relief from infringing competitors under Section 337, there is a rush to prepare and submit a complaint that complies with the...more

News from Abroad -- Australia Remains a Gene-Patent Friendly Jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to...more

EU Publishes Draft Withdrawal Agreement

by Cooley LLP on

The European Union Trade Mark (EUTM) is a single trade mark that applies in all 28 Member States of the EU, including the UK. In a referendum in June 2016, the UK voted to leave the EU. When the UK leaves the EU, the EUTM...more

MarkIt to Market® - February 2018

The February 2018 issue of Sterne Kessler's MarkIt to Market® discusses changes to Canadian trademark law, Federal Trade Commission versus California state rules for the "Made in the USA" designator, and lists the new gTLD...more

District Court Awarded Ultrasound Device Maker Verasonics $5.6 Million And World-Wide Injunction In Trade Secret Case

by Knobbe Martens on

The United States District Court of Western District of Washington entered a judgment in a trade secret case, Verasonics, Inc. v. Alpinion Medical Systems Co., Ltd. (Case No. 2:14-cv-01820-JCC). The district court confirmed...more

Patent Covering Methods of Advanced Genomic Selection from Guinea Pigs to Corn Survives Opposition in EU

Effectively protecting improved genetics requires a multi-pillared strategy considering the biological organisms themselves, methods of use, methods of breeding, and any regulatory data protection. The EPO recently upheld a...more

Re-Thinking Supply Chain Contracts in the World of Connected Things

by Foley & Lardner LLP on

As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements. In 2007, the iPhone revolutionized...more

ITC Denies Request for Early 100-Day Program as Too Complex

by McGuireWoods LLP on

Since 2013, the U.S. International Trade Commission (ITC) has designated certain investigations where there is an issue that could resolve the entire dispute as appropriate for a 100-day early resolution....more

Federal Circuit Clarifies Scope of On-Sale Bar

by Knobbe Martens on

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

Enforcing IP Rights in the Chinese E-Commerce Marketplace

In the last few years, China has become the world’s the largest e-commerce marketplace. On November 11, 2017 alone — a shopping holiday known as “single day” created by Chinese e-commerce giant Alibaba — Alibaba subsidiary...more

GDPR May 25th Deadline Approaching – Businesses Globally Will Feel Impact

In less than four months, the General Data Protection Regulation (the "GDPR" or the "Regulation") will take effect in the European Union/European Economic Area, giving individuals in the EU/EEA greater control over their...more

Abbvie Inc. v. Medimmune Limited

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A party may not seek a declaratory judgment to obtain piecemeal...more

IP Rights in Shining Armour

In the wake of high-profile victories for Under Armour, New Balance, and Michael Jordan, courts in China have signaled a willingness to move quickly and decisively against infringers, including issuing preliminary injunctive...more

Change is Coming to Australian Parallel Importation law – What do you Need to Know?

by K&L Gates LLP on

Trade mark holders may need to reassess their commercial and international marketing strategies as the proposed amendments to the parallel importation provisions of the Trade Marks Act 1995 (Cth) (Act) take a step closer to...more

Worldwide Divisional Strategy Considerations

Dividing a single patent application into multiple patents is often essential for deriving maximum economic benefit from the disclosed inventions. When an applicant wants to protect multiple inventions disclosed in a single...more

Global IP outlook 2018

by Hogan Lovells on

2017 was a year of widespread political, technological, and legal changes; leading to lack of certainty and creating both challenges and opportunities for businesses in 2018 and beyond. Please see full Publication below...more

What IP Practitioners Should Know About GDPR And Personal Data Protection In Europe

In the European Union (“EU”), “everyone has the right to the protection of personal data concerning him or her” under the Charter of Fundamental Rights. Intellectual property is also protected as a fundamental right under the...more

What To Do about Brexit?

by SmithAmundsen LLC on

As U.S. businesses expand their world-wide sales and operations, they increasingly seek trademark and patent protection for their intellectual property assets in other jurisdictions outside the United States, including...more

EU Trademarks and Brexit: Are You Ready?

There continues to be a high level of uncertainty regarding the impact of Brexit on the rights of EU trademark owners. For the last 21 years, the EU Trademark Registration (EUTM), formerly known as the Community Trademark or...more

Broad Institute CRISPR-Cas9 patent revoked in Europe

by Allen & Overy LLP on

17 January 2018 – the Opposition Division (OD) of the European Patent Office (EPO) has today revoked one of the Broad Institute’s foundational CRISPR-Cas9 patents in Europe (EP2771468), upholding the preliminary opinion,...more

Inducement After Importation Actionable Under Section 337

by Jones Day on

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

CJEU Confirms: Supplemental Protection Certificate Application Requires Issued Marketing Authorization

by K&L Gates LLP on

A recent decision of the CJEU in Europe raises concerns for pharmaceutical companies who wish to supplement the protection of their products with SPCs. With its decision C 567/16 the court follows a strict approach and...more

Hetero and Glenmark Launch Adalimumab Biosimilars in India

by Goodwin on

Hetero announced this week the launch in India of its adalimumab biosimilar, marketed under the brand name Mabura. Mabura is a biosimilar of Abbvie’s Humira and is indicated for the treatment of rheumatoid arthritis and other...more

Patentability of Diagnostic Methods in Europe

Like the USPTO, the European Patent Office (EPO) considers that the discovery of a natural phenomenon is not patent eligible. However, unlike the USPTO, the EPO takes the view that a patentable invention can derive from a...more

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