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The federal district court in Tyler, Texas, correctly denied Core Wireless Licensing S.A.R.L.’s (“Core Wireless’s”) motion for judgment as a matter of law that Apple infringed a claim of a Core Wireless patent directed to a means for sending packet data from a mobile station such as a cellular telephone to a cellular system or…
by Nicholas Round At the start of this month, the UK Supreme Court took a break from its recent post-Brexit work interpreting (and developing) constitutional principles to hear an intellectual property matter. This rare Supreme court foray for a patent produced a ripple of excitement across the UK IP litigation community not least because (uniquely…
In a significant departure from precedent, the Full Federal Court of Australia held in Coretell Pty Ltd v Australian Mud Company Pty Ltd [2017] FCAFC 54 (Coretell) that the entitlement to relief for infringement of an innovation patent begins from the date of the grant of the patent and not the application’s date of filing….
by Rachael Cartwright On 5 April 2017, Mr Justice Birss handed down his highly anticipated, lengthy and potentially controversial judgment on the FRAND licensing and competition law aspects of the long running Unwired Planet patent saga. Running at 163 pages, and a mere 807 paragraphs, the judgment sets out the history and fundamental principles of…
Our indefatigable Kluwer News Blogger has obviously not failed to realize that another draft of the Rules of Procedure has just appeared on the UPC website. To confuse everybody, this draft is still called the 18th draft and seems to date from 19 October 2015. Yet if you go through the Status history, you will…
by Wouter Pors, Bird & Bird The Hague On 10 April 2017 the UPC Preparatory Committee published the ‘final’ version of the 18th draft of the Rules of Procedure, as adopted during the committee meeting of 15 March 2017. This is still a draft, since only the Administrative Committee can really adopt the Rules of…
The Preparatory Committee for the Unified Patent Court has published a new version of the draft Rules of Procedure. According to the Committee, the draft ‘is yet to come under scrutiny by the European Commission on the compatibility of the Rules of Procedure with Union law and will be subject to formal adoption by the…
1. Background In June 2008, China announced the Outline of National IP Strategy (“IP Strategy”), which set up a roadmap for China to become a country of high level of IP creation, utilization and protection by 2020. As a key part of the IP Strategy, China committed to carry out a number of judicial reforms…
In an inter partes review (IPR) proceeding challenging a SimpleAir patent that described a method of transmitting data to remote computing devices, the Patent Trial and Appeal Board did not err in concluding that IPR petitioner Google failed to establish that a combination of prior art references rendered the challenged claims unpatentably obvious, the U.S….
The duration of proceedings before the Boards of Appeal (BoA) currently is the EPO’s biggest problem in regard to speed. According to the latest Annual Report by the Boards of Appeal, the average length of inter partes proceedings is 37 months (up 1 month from 2015), i.e. more than three years. In 2016, two appeals…
