Original news and analysis on international IP policy
In wearable technology, product development converges with information and communication technology, presenting new opportunities for patents, as well as new risks, according to legal experts.
By Vinayak Bhardwaj - Not a day passes in America without news of a drug company raising prices on prescription drugs. Americans pay two to six times more for prescription drugs than those living in other developed countries, who earn the same income.
Patent litigation can drain capital during the crucial first few months of launching new technology, a particular problem in the capital-intensive hardware space. Companies need to find creative ways to go after patent thieves without stifling growth or ceding market share, writes Michael A. Nicolas.
Pharmaceutical companies have created an “untenable” situation by engaging in exploitative patenting practices to extend monopolies, increasing drug prices and delaying competition from more affordable generics, according to a new NGO report analysing drug prices.
An alleged thief caught stealing trade secrets from General Electric in New York hid the electronic files inside an innocent-looking digital picture of a sunset, according to the United States Department of Justice.
The Trump administration today announced it is considering raising its proposed tariffs from 10 to 25 percent on $200 billion worth of Chinese imports. The move is another in an attempt to get China to change the way it treats US companies including by alleging forcing transfer of technology and intellectual property.
The strategy was breathtaking in its boldness. Just days before the USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye drug, Restasis, the company transferred those patents to a Native American tribe; the tribe then sought to dismiss the USPTO proceedings by asserting sovereign immunity. Following this action, a number of other patentees made similar transfers to Native tribes, in order to protect their patents. More patentees were poised to do so, should this ploy prove effective. It, however, did not. On 20 July, the Federal Circuit Court of Appeals ruled the tribe’s sovereign immunity did not protect its patents from USPTO review. The ruling thus kept intact a key component of America’s patent system.
Broad patent protection is one of the goals when securing patent protection for inventions (i.e., new products and services). However, issues start to arise when the claim language becomes too broad. For example, broad claims might be construed as a means plus function limitation against the intentions of the patent prosecutor, and in some cases, those patents are invalidated as being indefinite. At least, this is the case with US patent prosecution. The patent laws of other jurisdictions treat means plus function style of claiming differently, and in my experience, less detrimental to the validity of the patent, writes James Yang.
Frederick Abbott writes: Competition law is a critical tool in seeking to maintain some semblance of reasonable pricing in the pharmaceutical market. It is particularly important as legislators around the world appear extremely hesitant to address pharmaceutical pricing in meaningful ways, regrettably influenced by well-funded lobbying.
Two recent competition law decisions discussed below illustrate the importance of and challenges to regulating the pharmaceutical sector. In the first, the UK Competition Appeal Tribunal (CAT) partially upheld and partially reversed and remanded (pending briefing) a decision by the Competition and Markets Authority (CMA) fining Pfizer and Flynn close to £90 million for abuse of dominant position in the excessive pricing of an anti-epilepsy drug. The CAT decision is problematic because it creates unnecessary and unwarranted hurdles to findings of excessive pricing in the UK. In the second decision, the US Federal Trade Commission succeeds in proving that AbbVie engaged in abuse of monopoly power by engaging in sham patent litigation against two generic producers in order to delay market entry of competitive products. The Federal District Court found that AbbVie’s patent lawyers by “clear and convincing” evidence had knowingly pursued patent infringement claims without chance of success for no other purpose than to delay market entry.
The World Intellectual Property Organization Marrakesh Treaty on copyright exceptions enabling international access to published works by blind and print-disabled readers was ratified this week by the United States Senate, putting it one step closer to final ratification in the country.
eLife, an online publisher of research in the life and biomedical sciences, is trialing a radical new approach to peer review to increase editorial transparency and promote more efficient access to innovative new research.
The rapid rise of digital technology in the twenty-first century places new demands on intellectual property protections, while presenting new challenges. A new report suggests that a leading US agency that investigates patent infringement may need to be updated to keep up.