CONTENTS

NEWS


Court decisions, litigation and IP news from around the world.

STRAP


The Unified Patent Court: expect the unexpected

After many stumbling blocks, it appears as if the Unified Patent Court will finally materialise, but Leythem Wall of Oxon IP explains that more surprises could be in store.

PATENTS


The PTAB’s post-Arthrex future

Despite the latest challenge to its legitimacy, the US Patent Trial and Appeal Board has survived—and survive it must, say David McCombs, Joe Matal, and Eugene Goryunov of Haynes and Boone.

US: PATENTS


On whose authority?

Early signs show that US v Arthrex is unlikely to herald a spate of inter partes reviews, but may fuel uncertainty around the temporary USPTO leader’s position, finds Muireann Bolger.

PATENTS: AUSTRALIA


DABUS: decoding Australia’s AI decision

Allowing an AI as an inventor could benefit the country’s pharma and drug discovery industries, say Richard Hamer, Lauren John, and Alexandra Moloney of Allens.

D&I


Mental health and law: does IP have a culture problem?

A 24/7 working culture and shrinking boundaries between home and the office are some of the problems the profession needs to address to prevent mental health problems within its ranks, reports Rory O’Neill.

PATENTS


Examining Newman’s dissent in Apple and Samsung camera patent win

The Federal Circuit’s split ruling in a precedential phone camera patent suit could further obfuscate the Mayo/Alice process, say Michael Comeau and Melissa Chapman of Fishman Stewart.

MEXICO: PATENTS


Mexico’s new patent applications regime

Mexico’s new federal IP law has greatly affected the prosecution of divisional patent applications, as Romeo Chora of Dumont explains.

CHINA: JURISDICTION CLAUSES


How to make a jurisdiction clause in a contract unshakeable before a judge

Brands must take steps to protect a jurisdiction clause in China, say Zhang Bin and Yang Yifan of the China Council for the Promotion of International Trade’s Patent and Trademark Law Office.

CHINA: PUNITIVE DAMAGES


Typical punitive damages in IP cases

China’s official case studies offer IP owners a guide to getting results against infringers, say Haiyu Li and Haoyu Feng of Chofn IP.

US: PATENTS


The rainy days of 35 USC § 112

Rain Computing yields important lessons for patent owners in avoiding means-plus-function interpretations. David Bilodeau and Bradford Fritz of BSKB report.

PATENTS


A game of names

Delving into the complex world of patent citations demands a sound knowledge of the nuances the search can present, explain Anthony Trippe of Patinformatics and Tim Campbell of Minesoft.

RUSSIA: TRADEMARKS


One man’s trash

A case involving resold car parts forced Russia’s courts to revisit its IP exhaustion rules—with a positive outcome for trademark owners, says Vladimir Biriulin of Gorodissky & Partners.

JURISDICTION REPORTS


Country-focused updates from the world’s top IP lawyers.

MOVERS & SHAKERS


The latest hires, office openings and IP industry moves.

CLASSIFIED ADVERTISING


A handy directory of IP service providers.

CONTACTS


Contact WIPR.

Issue 3, 2021


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