Original news and analysis on international IP policy
In a first-impression case with implications for international trade, the United States Supreme Court is set to decide whether the US supplier of a single non-infringing article used in an infringing product abroad can be held liable for worldwide damages under US patent law. The case hinges on the meaning of “substantial” and whether US law can extend beyond its borders.
The United States Supreme Court yesterday provided a big victory for Samsung – and common sense, according to many experts. The high court ruled that Samsung need not pay $399 million in damages – all the company’s profits from 11 models of smartphones – simply because one or two tiny components of those phones infringed design patents owned by Apple. But Samsung isn’t out of the woods yet. Because despite the importance of today’s Supreme Court decision, the high court left an even more important issue unresolved.
Despite the Trans-Pacific Partnership (TPP) being - to all-intents-and-purposes - dead in the water, pursuit of some of the most egregious objectives of the corporate interests driving the TPP agenda rolls on. Pharma is persisting in its push for countries to adopt not just TRIPS-Plus, but in some cases even TPP-Plus intellectual property rules - presumably groundwork for the later emergence of a ‘son-of-TPP’ agreement, three authors write.
The winners of the 2016 Patents for Humanity Award of the United States Patent and Trademark Office this year are recognised for providing global disease solutions. The inventions relate to malaria, vaccines, a life-threatening pregnancy complication, and meningitis.
Patent assertion entity (PAE) activity has skyrocketed in the past decade and much discussion has occurred around what to do in response to patent holders whose strategy is more focused on legal battles than innovating. One notable group has risen up to bring together global companies to address the PAE issue with a novel sharing approach. In an interview with Intellectual Property Watch, Ken Seddon, CEO and President of LOT Network, talks about the group's rapid growth, what's coming next, and how not to bring a squirt gun to a nuclear fight.
The US Copyright Office is supposed to balance the interests of copyright owners with the interests of everyone else. However, the Office’s latest regulation, which takes effect 1 December, may be anything but fair and balanced. It could, according to critics, strip Facebook, YouTube, and other online companies of a vital statutory safe harbor, thus making these companies liable when their users post infringing material online. Online companies could face billions in infringement damages, driving them out of business.
Q. Todd Dickinson is a shareholder at Polsinelli law firm, and was director of the United States Patent and Trademark Office (USPTO) under President Clinton, a former lead IP counsel for two Fortune 50 corporations, and most recently executive director of the American Intellectual Property Law Association (AIPLA). In an interview with Intellectual Property Watch on 18 November in the margins of the IP Dealmakers conference in New York, Dickinson discussed US prospects for national and international IP policy after the presidential election, changes in Geneva, reform of US IP law, and repairing relationships.
A recent multinational crackdown on illegal activity in the anonymous channels of the so-called Darknet resulting in multiple arrests around the world was intended to thwart rampant online intellectual property theft. But how much the dragnet will help to thwart cybercrime in the future remains in question.
A new international alliance to support the United Nations Resolution on Antimicrobial Resistance was launched this week. The Conscience of Antimicrobial Resistance Accountability (CARA) aims to bring together organisations committing to reporting on mutually agreed upon indicators in countries around the world, and to hold the UN and other stakeholders accountable to their commitments.
Now in her final weeks in office [Update: she has continued in the role under President Trump], United States Patent and Trademark Office Director Michelle Lee today looked back over the Obama administration's work on patents and made predictions for the next administration due to take over in January. She hailed the outgoing administration's successes and said to expect a continued focus on a strong IP system, legislative changes on hot button issues but not right away, and continued engagement around the world.
European Union trade politicians in several meetings this week in Brussels reflected on the future of trade policy, also impacted by the US elections. “It is a changed world, period,” Iuliu Winkler, vice-chair of the parliamentary International Trade (INTA) Committee (European People's Party) said at the opening of the EU Trade Policy Day, expressing the general sentiment. While many members of INTA committee underlined the need of Europe to press ahead with their trade negotiations internationally, those critical of an aggressive trade agenda were eager to have their arguments not to be mixed with what was criticised as populist fear-mongering against globalisation.
A recently published study finds that, contrary to a conventional view, the United States Patent and Trademark Office undertakes more rigorous patent examination than the European Patent Office and the Australian Patent Office.