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SEPs in Europe and the US: a primer

EU, EU - PATENTS, US14-11-2016David Healey and Raisa Ahmad

Across the US and Europe, there have been several updates to the law governing intellectual property and industry standards over the last three years, as David Healey and Raisa Ahmad of Fish & Richardson report.

IPR: histrionics and statistics

US10-11-2016Charles Shifley

Depending on where you sit, inter partes review purges bad patents and stops ‘trolls’, or discards good patents by testing them not for what they are, but what they are not. Charles Shifley of Banner & Witcoff sheds some light on the controversy.

Real parties in interest: proceed with caution

US08-11-2016Amanda Tessar, Bing Ai and Elizabeth Banzhoff

Since the adoption of the America Invents Act and the institution of the inter partes review (IPR) proceeding, the question of how a real party in interest to an IPR is defined has presented challenges for petitioners, and opportunities for patent owners, as Amanda Tessar, Bing Ai and Elizabeth Banzhoff of Perkins Coie explain.

Does Brexit mean chaos for IP? Gordon Harris responds to backlash

EU, UK31-10-2016Gordon Harris

In September, Gordon Harris of Gowling WLG said publicly that Brexit means chaos for IP, prompting a backlash from WIPR readers. Here he explains his reasoning for the comments and says he does not regret using the word “chaos”.

Early impressions of the Defend Trade Secrets Act

US21-10-2016Kevin O’Shea and Michael Hopkins

Despite being just a few months old, the US Defend Trade Secrets Act has already been used to address some unique issues, and it’s likely that courts will soon begin setting out the metes and bounds of the legislation, as Kevin O’Shea and Michael Hopkins of Ice Miller explain.

Trademark protection in Germany: the bar for apps is set higher

Germany13-10-2016Stefan Abel

Germany’s Supreme Court has ruled that descriptive names of apps and domains cannot claim trademark protection unless they have acquired distinctiveness, says Stefan Abel of Klaka Rechtsanwälte.

Non-traditional trademarks: more hurdles to jump

EU, EU - TRADEMARKS10-10-2016Lenneke van Gaal

There are at least three barriers to obtaining non-traditional trademarks in the EU, despite a revised definition of those marks, as Lenneke van Gaal of Ploum Lodder Princen explains.

Teaching robots copyright

Scotland, UK03-10-2016Emma Barraclough

CREATe researchers at the University of Edinburgh are considering how artificial intelligence and copyright law may co-exist in the future, and the landscape throws up several challenges, says Emma Barraclough, an industry fellow at CREATe.

Seeking balance: four years of the PTAB

US30-09-2016Stephen Maebius

In its four years of operation the PTAB has tried to find the right balance for petitioners and patent owners, and the proceedings at the board will continue to be tweaked and improved, says Stephen Maebius of Foley & Lardner.

Huawei v ZTE and the many-headed Hydra

Germany29-09-2016Daniel Hoppe

German courts have decided a number of SEP cases since the CJEU’s judgment in Huawei v ZTE in July 2015, but they continue to struggle with the details of its implementation, says Daniel Hoppe of Harte-Bavendamm.

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