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Imperfect Compromise Seen In India Data Exclusivity Report

By Tatum Anderson for Intellectual Property Watch
When the Indian government published its report recently on yet another pharmaceutical patent-related issue predicted to split the industry, the Indian newspapers were divided as to whether brand name producers, generics producers or public health advocates had won.

The reason for the confusion is that the report is an exercise in appeasement, said Shamnad Basheer, a law professor at George Washington University Law School, and expert on this latest controversial subject, called data exclusivity, which is the rights drugs producers have over the data used to obtain marketing approval in a country.

KSR Decision May Impact EU Patent Process But Not Harmonisation

By Dugie Standeford for Intellectual Property Watch
While the direct impact of the recent landmark US Supreme Court decision in Teleflex v. KSR on patent law and practice will be felt only in the United States, the case could indirectly spark changes to European patent processes, experts said. Its focus on the troublesome question of when an invention is "obvious," however, means it probably will not help global efforts to harmonise national patent systems, they said.

US Courts Leave Patent Holders Seeking Stronger International Enforcement

By Steve Seidenberg for Intellectual Property Watch
As more and more commerce crosses national borders, so do more and more items seen as infringing on patents. And patent holders are making a case for stronger international rules on enforcement to protect themselves.

International intellectual property treaties enable an inventor to file one patent application and obtain patent rights in multiple countries, but the treaties do not provide similar mechanisms for multinational enforcement. A patentee can sue in each country where infringement occurs, but this is often prohibitively expensive, they say.

US Supreme Court Reins In Reach Of US Patents

By Sarah Lai Stirland for Intellectual Property Watch
The United States Supreme Court in late April reined in another patent appeals court ruling it deemed overly-expansive. The high court ruled that software companies liable for infringing a patent in the United States cannot at the same time be held liable by American courts for the same activities outside of US borders.

"Foreign law alone, not United States law, currently governs the manufacture and sale of components of patented inventions in foreign countries," wrote Justice Ruth Bader Ginsberg on behalf of three of her colleagues, Justices Anthony Kennedy, Antonin Scalia and David Souter.

USPTO Cautious In Interpretation Of Supreme Court Ruling On Patents

By Sarah Lai Stirland for Intellectual Property Watch
The United States Patent and Trademark Office (USPTO) has issued a preliminary memorandum that instructed its examiners to interpret a landmark Supreme Court ruling conservatively - even as the wider community in the field of US patent law expect the opinion to shake up longstanding rules that determine when an idea is too obvious to be granted a patent. The office also formed an experts' group on the issue.

Musungu, Marchant Team Up; US Sends IP Attachés To China, Russia

By Tove Iren S. Gerhardsen
What is next for the former director of the United Kingdom Intellectual Property Office and the former head of the South Centre intellectual property programme; who is temporarily acting in the role of lead on intellectual property issues at the South Centre; who are the US officials being appointed IP attachés around the world; who has launched a new global trade programme, and who is taking over the helm at the international seed industry? All of this and more in the updated Intellectual Property Watch People column.

Possible Qualcomm-Nokia Patent War Delayed Until August

By Tatum Anderson for Intellectual Property Watch
US technology firm Qualcomm this week raised the spectre that if Finnish mobile phone manufacturer Nokia does not comply with demands within four months, a long-running worldwide intellectual property dispute between the two companies could potentially escalate. But so far, Nokia has stated its position and shows no sign of moving.

For now, the expected patent war between Qualcomm and Nokia has been delayed. Industry observers had expected Qualcomm to bring a slew of costly suits against Nokia in April for allegedly infringing its extensive patent portfolio. A patent war would pitch two of the largest mobile technology companies in the world against each other, which could have an impact on worldwide consumers' access to mobile technology products.