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What Does WTO Extension For LDCs To Enforce IP Mean For Pharmaceuticals?

The recent extension granted by World Trade Organization members to least developed countries giving 8 more years to implement international intellectual property protection rules threw a shroud of confusion over a parallel WTO waiver for pharmaceutical products conferred on least developed countries until 2016. In an attempt to shed some light on the issue, several experts were asked for their reflections on the consequences of the new extension.

Infojustice: The Question Of Patent Eligible Subject Matter And Evergreening Practices

Infojustice writes: Over the past few years, patent-eligible subject matter has become one of the hotly debated areas of patent law in several countries. Even in the United States, the Supreme Court is beginning to express concerns about overly inclusive patent rules that stifle both competition and follow-on innovation. However, significant confusion persists over the difference between patent eligible subject matter and patentability requirements. Patent eligibility tests have proven quite difficult to apply, often leading to inconsistent and unpredictable results.

Infojustice: Setting The Record Straight On Fair Use In US

A paper examining the fair use doctrine in the United States, published by law professors Peter Jaszi and Matthew Sag and University of California at Berkeley fellow Gwen Hinze, addresses specific issues raised in an earlier submission to the Australian Law Reform Commission (ALRC) by the Kernochan Center for Law, Media and the Arts.

Patent Risk: The ‘New Normal’ In Patent Troll Litigation

New York - Financial companies in 2012 faced nearly four times the patent litigation from non-practicing entities (NPEs), often called “patent trolls”, than they did five years ago and 2013 promises to be no different, according to a presentation by RPX Corporation, a patent risk management services provider. Financial institutions' use of social media and its associated risk was also a topic of discussion.

United States Confounded By Standard-Essential Patents

The United States is in a muddle over standard-essential patents. The nation’s courts and its executive agencies all agree that these patents play vital roles in the economy, but they disagree about what remedies are available when these patents are infringed. A recent decision by the US International Trade Commission has added to the confusion.

Motorola vs. Microsoft And The Future Of FRAND

Andrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.