Category North America

US Supreme Court Puts New Limits On Patent Suits

Yesterday’s United States Supreme Court decision in TC Heartland LLC v. Kraft Food Brands Group followed some familiar trends in Supreme Court jurisprudence. It overturned long-established Federal Circuit law, restricted the power of patent owners, and handed a stinging defeat to so-called “patent trolls” (companies that make money primarily by licensing their patents and suing those who refuse to purchase licenses). The Court did all this by limiting where patent infringement suits can be filed – and thus significantly changing patent litigation in the US.

US Renegotiation Of NAFTA To Include IP Rights, Digital Trade

Newly confirmed United States Trade Representative Robert Lighthizer issued a letter to Congress today stating that he will lead a renegotiation of the 1994 North American Free Trade Agreement (NAFTA) with Canada and Mexico. And the changes will include new provisions on intellectual property rights and digital trade.

March-in Rights: A Lost Opportunity To Lower US Drug Prices

It appears not just unfair, but absurdly so. The US government paid for research that produced a patented drug, the patents were licensed exclusively to a Japanese firm, and that firm is now committing price discrimination against the US. Astellas Pharma is selling its anti-prostate cancer drug, Xtandi, for over $129,000 per year per patient in the United States – triple the price of the drug in Japan. Alas, this situation is not unusual. Many drugs that were financed by US taxpayers are sold in the US at exorbitant prices, but are much cheaper in other high-income industrialized nations. This differential price problem could be solved easily. However, the US government has consistently refused to exercise its march-in rights in order to lower drug prices.

How The CIA WikiLeaks Disclosure Diverts Attention From Big Picture

The WikiLeaks publication of hacking tools and malware the CIA has allegedly used continues to stir the ire and fear of those concerned about the possible risk of the US government’s backdoor access to private data. But WikiLeaks' publication of alleged CIA-created malware instructions, which the CIA has not confirmed as authentic, diverts attention away from how numerous other state-sponsored agents are aggressively seeking to steal intellectual property and other data, security experts say.

Interplay Between Inter Partes Reviews (IPRs) And ITC Section 337 Proceedings

Since the passage of the America Invents Act (“AIA”) in 2011, Inter Partes Reviews (“IPRs”) before the Patent Trial and Appeal Board (“PTAB”) have assumed growing importance in patent litigation in federal district courts. Until recently, IPRs have not played a significant role in International Trade Commission (“ITC”) Section 337 investigations. While the ITC is unlikely to stay a Section 337 investigation, pending IPRs will likely have an increasing impact at the ITC, especially when an IPR proceeding reaches an advanced stage before or during the pendency of a Section 337 investigation. This article examines the limited interplay to date between IPRs and Section 337 proceedings and discusses potential implications for future investigations.

Enlisting Government Help To Protect Your Trade Secrets

“I’m from the government and I’m here to help.” Yeah, right.

Most businesses think protecting their intellectual property is their own responsibility, and it is. But what about when your intellectual property rights are violated by an evildoer? Who are you going to call?

Real IP Issues Surface In A Virtual World

As virtual reality (VR) and augmented reality (AR) technologies emerge, so do legal questions arising from their use. While the issues are still mostly hypothetical, they implicate, among other areas, intellectual property rights, lawyers say.

US Government Intends To Grant Exclusive Licence On Zika Patent Over Objection Of Civil Society

The United States Department of Defense has announced that it intends to grant Sanofi Pasteur, a French pharmaceutical corporation, exclusive rights to develop a vaccine for the Zika virus. The decision follows outcry from the public and civil society groups over concerns of affordability and accessibility in taking such a step.

US Supreme Court Ruling Worries Patent Experts

A recent US Supreme Court patent law decision surprised few observers – other than those steeped in patent law. The high court’s ruling in SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods stunned and dismayed many patent experts, because the decision will benefit patent trolls and other unscrupulous patent owners, at the expense of companies just trying to make and sell their products. On the positive side, however, the ruling brings US patent law more in line with Europe’s patent law.