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Patents Proposed Regulation

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

Smart & Biggar

Proposed regulations for Canada’s new Patent Term Adjustment (PTA) system: few patents will qualify for PTA

Smart & Biggar on

As explained in our previous article, Canada will soon be implementing a patent term adjustment (PTA) system to account for unreasonable delays by the Patent Office in issuing a patent. The necessary amendments to the Patent...more

Knobbe Martens

Current Congressional Attempts at Patent Reform

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In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners.  Two main areas of focus are “Section 101” and the “PTAB.”  ...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Seyfarth Shaw LLP

A Proposed European Commission Regulation Would Dramatically Alter How Standards Organizations and their Members Approach Standard...

Seyfarth Shaw LLP on

The European Commission's ("EC") Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents COM(2023) 232 final (27 Apr 2023) (the "Proposed Regulation") was issued by the Commission...more

McDermott Will & Emery

The Proposed EU SEP Regulations: a Quiet Move Toward a Top-Down World?

At a high level, the top-down approach is a simple two-step method to calculate the FRAND rate owed to a particular SEP licensor. First, the appropriate aggregate royalty for a given standard (that is, a reasonable price for...more

Latham & Watkins LLP

UK to Open Up Text and Data Mining Under New Copyright and Database Rules

Latham & Watkins LLP on

A proposed broad copyright exception for text and data mining that favours AI developers is unlikely to be welcome news for rightholders. On 28 June 2022, the UK government published its response to its consultation on...more

Knobbe Martens

Legislators Propose “Section 101 Reform”

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Yesterday Democrat and Republican legislators from both the Senate and the House of Representatives released a one page outline of a proposal to change the law of patent eligibility. The legislators supporting this proposal...more

Smart & Biggar

Rx IP Update - March 2019

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Federal Court finds invalidity allegations relating to patent for metformin formulations not justified - On March 8, 2019, Justice Fothergill granted Valeant Canada’s application for an order prohibiting the Minister of...more

Jones Day

ITC Updates Its Rules of Practice and Procedure

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Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018...more

Smart & Biggar

Canada moves closer to joining the Hague Agreement with the release of proposed new Industrial Design Regulations

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On December 9, 2017 Canada’s Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette. A 30-day consultation period has been set,...more

Smart & Biggar

Rx IP Update - July 2017

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Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

Dorsey & Whitney LLP

U.S. Tax Implications of Offshore Migration of Intellectual Property

Dorsey & Whitney LLP on

Challenges of Transferring IP Offshore - What constitutes intellectual property (“IP”) has long been a contested issue in tax practice, but generally includes intangible assets as wide-ranging as patents, copyrights,...more

Foley & Lardner LLP

Dueling Records: Are Statements in Your 510(k) Putting Your Patents at Risk?

Foley & Lardner LLP on

Laboratory developed test (LDT) providers, previously exempt from U.S. Food and Drug Administration (FDA) oversight, under a new FDA proposal, must now consider if their LDTs constitute moderate-risk (Class II) or high-risk...more

King & Spalding

Intellectual Property Newsletter - September/October 2015

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PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

Mintz - Intellectual Property Viewpoints

U.S. International Trade Commission Publishes Proposed Changes to Procedural Rules of Practice

The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more

Foley & Lardner LLP

FDA Oversight of Diagnostic Medicine – A Trap for the Unwary

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Diagnostic medicine is experiencing new challenges at the USPTO and the U.S. Food and Drug Administration (FDA). Under a new FDA proposal, laboratory developed test providers, previously exempt from FDA oversight, must now...more

WilmerHale

Summary of PTO’s Proposed Rules Changes for AIA Proceedings

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The America Invents Act (AIA) was enacted into law on Sept. 16, 2011, and the U.S. Patent and Trademark Office implemented rules for governing the inter partes review, post-grant review, transitional program for covered...more

Morgan Lewis

Patent Board’s Proposed New Rules for PTAB Trials

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The PTAB issues its second round of proposed rule changes. The Patent Trial and Appeal Board (PTAB) just issued its second round of proposed rule changes to post-patent issuance review proceedings (Inter Partes Reviews,...more

Mintz - Intellectual Property Viewpoints

PTAB Summer Package of Proposed Rule Changes Now Available and Open for Public Comment

On March 31 we posted about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings before the Patent Trial and Appeal Board (PTAB) pursuant to public feedback to a Request for Comments...more

Foley & Lardner LLP

USPTO Proposes Extensive Changes to AIA Post-Grant Proceedings

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Today the USPTO released a 113-page set of proposed changes to AIA post-grant proceedings, including IPR, PGR and CBM proceedings. The USPTO has been attempting to address concerns expressed by the public, having implemented...more

King & Spalding

ITC Section 337 Update – November 2014

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ITC Trial Lawyers Association Annual Meeting: November 13, 2014 – ITCTLA held its Annual Meeting on November 13, in Commission Main Hearing Room. Highlights of the meeting, included Chairman Broadbent’s opening remarks...more

Knobbe Martens

Medical Device Manufacturer’s Association Submits Comments on USPTO’s Proposed Rule to Require Identification of Attributable...

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(April 24, 2014) The Medical Device Manufacturer’s Association (MDMA) announced that it submitted comments to the United States Patent and Trademark Office (USPTO) in regard to the USPTO’s Notice of Proposed Rulemaking...more

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