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Science, Computers & Technology International Trade Intellectual Property

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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

Claim Drafting Strategy for Filing in the US and Europe

by Workman Nydegger on

Although obtaining a patent in Europe is similar to the process of obtaining a patent in the US, there are some important distinctions that should be considered when drafting a patent application that will be filed in both...more

Mylan and Biocon Gain Approval for Trastuzumab Biosimilar in Brazil

by Goodwin on

On December 29, Mylan and Biocon announced that their trastuzumab biosimilar, Zedora, was approved by Brazil’s National Sanitary Surveillance Agency. Zedora, a biosimilar of Genentech and Roche’s Herceptin, is indicated for...more

New Year's Resolutions For The U.S. Patent System

by Foley & Lardner LLP on

It’s that time of year when we make resolutions to improve our health, our relationships, our careers, or other areas of our lives. I’m not starting a new diet today (although if I were, the invention described in this patent...more

Sites get ICEd in transatlantic assault on cyber crooks

by Hogan Lovells on

As part of a sustained and coordinated effort, law enforcement agencies on both sides of the Atlantic have rounded off their on-going fight against cybercrime known as “Operation In Our Sites” with the traditional annual...more

Top 5 Design Offices Meet in Alicante to Discuss Protection of Emerging Designs

On December 4 and 5, 2017, the members of the Industrial Design 5 (ID5) met at the EUIPO offices in Alicante, Spain for the 3rd ID5 Annual Meeting. The ID5 is an Industrial design framework comprised of the European Union...more

Worldwide Bolar-type Provisions*

Please see full chart for Bolar Excemption rules in foreign countries regarding Clinical Trials, New Drugs, Biosimilars and Foreign Jurisdiction issues. ...more

Bolar Exemption in Europe and Asia

Bolar exemption in Europe - The Bolar exemption is governed by European Directive 2001/83/EC on the Community Code relating to medicinal products for human use. Article 10(6) excludes from infringement of patent rights or...more

Why Chinese Companies Need To Exercise Caution When Attending Trade Shows In The United States

by Tarter Krinsky & Drogin LLP on

Over the past few years, owners of U.S. patents and trademarks have used the appearance of Chinese companies at a trade show as infringement "traps." These patent owners have commenced infringement cases against Chinese...more

Bolar Exemptions in North America

Bolar Exemptions in the U.S. Because approval by the U.S. Food and Drug Administration (FDA) is a long, sometimes arduous process, U.S. law provides a research or experimental use exemption with respect to regulated...more

Fresenius Kabi Announces Submission of Application for Biosimilar of Humira (Adalimumab)

by Goodwin on

Fresenius Kabi today announced it has submitted an application seeking marketing authorization for its biosimilar version of Humira® (adalimumab) in the EU. This is Fresenius Kabi’s first biosimilar regulatory filing....more

UK completes all legislative steps required to ratify the UPC Agreement

by Allen & Overy LLP on

With the approval on Tuesday by the House of Lords of the Unified Patents Court (Immunities and Privileges) Order 2017, the UK completed the final parliamentary step on the road to readying itself to ratify the Unified Patent...more

Patentability of Natural Products in Europe

There is currently a significant divergence in practice between Europe and the United States when considering the patentability of naturally-occurring products. Since the Myriad decision of the U.S. Supreme Court, the USPTO...more

Checking in on China: Developments in Litigation and Policy and How They Impact Foreign Intellectual Property

by Baker Donelson on

In the latter portion of 2017, announcements from both business and government have drawn renewed attention to the gradually increasing focus being paid by the Chinese government to protection of foreign intellectual property...more

Uniform Domain Name Dispute Resolution Policy (UDRP) – What It Is and When to Use It

One of the first tasks the Internet Corporation for Assigned Names and Numbers (ICANN) faced was how to deal with the dilemma of registering domain names to those that first claim them while respecting trademark law. This was...more

2017 European Patent Office Updates

The European Patent Office recently revised its Examination Guidelines. These Guidelines are primarily directed to the patent examiners and formalities officers of the EPO, but they are also helpful to anyone practicing...more

The European Commission publishes communication on Standard Essential Patents

by Allen & Overy LLP on

On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more

Banding Together Part II: Expanded Collaborative Search Pilots Launched Between USPTO, JPO, and KIPO

In May of 2016, we first documented the launch of the Collaborative Search Pilots (CSPs) between the USPTO, Japanese Patent Office (JPO), and Korean Intellectual Property Office (KIPO) in the blog entitled: Banding Together....more

IP Minister announces the UK’s continued commitment to the UPC, as statutory instrument passes final stage of debate in...

by Allen & Overy LLP on

Speaking in a Delegated Legislation Committee hearing, the proxy for debate in the House of Commons on the draft Unified Patents Court (Immunities and Privileges) Order 2017, the UK’s IP Minister yesterday expressed the...more

Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims

by Foley & Lardner LLP on

While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more

Webinar Recording: Digital Single Market 2018 – It is becoming real!

by Hogan Lovells on

On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the...more

Statistics on the Backlog Problem and "Fast-Track" Options in Brazil

The recent proposal of automatically granting pending applications without examination is nothing but a desperate measure against a problem that has been haunting applicants and practitioners for decades. Apart from the...more

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