IP Market Updates
November 28, 2016
There were two important news in the IP world in the past week that caught my attention and which both have a direct impact on IP as an asset class.
First, we learned that China had for the first time in history recorded over 1 Million (no, this is not a typo!) new patent filings with the Chinese Patent Office so far in 2016. This new high reflects how much China, after being for decades an “importer” of IP (and not always legally), now wants to become an exporter. This number also consolidates China’s increasingly role as a venue where patent rights are going to be enforced. Since a patent provides its owner the right to exclude others from “making (i.e., manufacturing), selling, offering for sale, etc.” for a period of 20 years, this means a patent in China -where most finished goods for the rest of the industrialized world are assembled- can provide incredible leverage to its owner if it can stop an infringing product from even leaving the country, as we discussed in our most recent IP Market Update.
Moving west to Europe, we also learned on Monday, to most observers’ surprise, that the UK has decided to sign the Unified Patent Court (UPC) System, which the Brexit vote had recently put in jeopardy. This should reinforce the European Community (with or without a Brexit) as an important platform for future enforcement of patent rights. In short, a patent owner will soon be able to assert its patent in one country only and receive a judgment that it can then enforce in all European countries where the same patent issued. This is poised to move the battlegrounds to Europe.
These two parallel developments further exacerbate the opposite phenomenon in the US where we have seen a significant erosion of patent rights lately, fueled by a strong lobby from large technology companies who resent being sued repeatedly for patent infringement. The US patent system, long considered the envy of the world IP communities, is now at risk of being made increasingly irrelevant, and, sadly so, mostly by its own doing. This, in turn, may have an impact on US companies’ appetite to bring back manufacturing jobs in the US, like the new president-elect administration is urging them to do. On the one hand, a weaker US patent system where injunctive relief is all but theoretical could shield the manufacturing of infringing goods from patent lawsuits. On the other hand, innovation cannot thrive without legal protection and many companies may decide to send their higher paying jobs in countries they feel protect their inventions better.
So think about it; we could end up bringing back manufacturing jobs while sending our best brains overseas. Does this sound familiar? Maybe the US will become the next China after all…
Below is news of interest on these and other related topics.
IN THE NEWS
United States Patent and Trademark Office Denies CPI's Challenge to EMV Payment Card Patents ...
Gemalto asserted this patent as well as U.S. Patent No. 6,786,418 against CPI Card Group Inc. in lawsuits filed in the United States District Court for ... (more)
Nanoco Acquires QLED Electroluminescent Display IP Patents from Kodak
Business Wire (press release)
CONCORD, Mass.--(BUSINESS WIRE)--Nanoco Group plc (LSE: NANO), a world leader in the development and manufacture of cadmium-free ... (more)
Patents – A Novel and Inventive Approach to Brexit?
The National Law Review
The announcement on Monday afternoon by the UK Government that it intended to proceed with the ratification of the Unified Patent Court Agreement ... (more)
A top Chinese international filer joins the patent buyers' club in deal with Intellectual Ventures ...
A Chinese company that owns the fastest growing portfolio of US-issued patents and is among the world's most prolific filers under the Patent ... (more)
PTAB's Definition Of CBM Patent Is Wrong And Too Broad, Federal Circuit Says
Mondaq News Alerts
Google that the Patent Trial and Appeal Board (PTAB) had rendered this limitation "superfluous" by failing to apply the correct statutory definition of ... (more)
Dictators, Property Rights and the PTAB: Why the AIA Must be Repealed
Now that Trump has won, the discussion has narrowed to whether Trump will keep patents weak or make patents great again. From the outside ... (more)
Epistar settles patent litigation with Adamax in US
Northern California Record
SAN FRANCISCO -- Epistar Corp., an innovative LED global lighting company that took legal action in August against Adamax Inc. for alleged patent ... (more)
Evolving Post-Alice Law on Patent Eligibility
The National Law Review
In two recent cases addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit found the challenged claims ... (more)
The Patent Process on a Tight but Realistic Budget
Red budget word clamped inside the vice. The patent process can be overwhelming and quite costly for aninventor who wishes to secure patent ... (more)
Sony invents journalist reputation system, could help with fake news phenomenon
On Thursday, November 10th, the U.S. Patent and Trademark Office published a patent application filed by Sony for a system designed to verify the ... (more)
Weighing China's 1.1 Million Patents
U.S. innovators should not misconstrue the higher absolute number of patents filed in China in 2015 to imply anything about the strength of U.S. ... (more)
Federal judge awards $456000 for enhanced damages in patent case
Legal News Line
A federal judge in Texas has awarded $456,000 for enhanced damages in a patent case against LG ... (more)
Venture capitalist Trevor Loy urges Gulf patents overhaul
Arabian Gulf countries must overhaul intellectual property and patent regulations if they want to encourage innovation and research culture in ... (more)
Avoid filing of patents without appropriate techno-commercial evaluation: CSIR to its laboratories
New Delhi, Nov 24 (KNN) The Council of Scientific and Industrial Research (CSIR) has sent out a message to all its laboratories to avoid filing of ... (more)
Huawei Notches Win Over Samsung in Patent Skirmish
The patents claim improvements on procedures for reducing signal interference when a mobile device connects to a cellular network. Samsung had ... (more)
Video Upload Facilitation Patents Invalid Under Alice Framework
On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents ... (more)
Biopharmas Explore Strategic Uses of Patent Challenge Process
Challenging the validity of issued patents can either increase or slow down the availability of new medicines and can affect the viability of ... (more)
Court awards $20.3 million to doctor in Medtronic patent suit
Southeast Texas Record
Dr. Barry sued Medtronic in 2014 in the U.S. District Court for Eastern District of Texas for infringing on his patents covering spinal deformity and repair ... (more)
Economic Nationalism and the US Patent System
In a set of upcomingposts we'll walk through what this could mean for the U.S. Patent System. I expect that the answers will depend upon whether we ... (more)