Today’s posts

South Africa cautiously moves away from a registration system for patents
Are patent pools the silver bullet to solve FRAND or do they define innovation down? And what happens when key innovators don’t join?
Would have thought?  Study finds firms far better in litigation with lawyer CEOs and have fewer litigations overall to boot
Canada: A new frontier for patent litigation?
European Commission stops the clock again on Qualcomm/NXP merger review
9th Circuit Appellate Judge Kozinski, Costco connoisseur

Today’s links of interest

Arista calls Cisco’ IP defence in antitrust case insane
Who’s greedier, Apple or Qualcomm?
Judge denies Qualcomm’s request to order licensees to pay royalties while dispute is pending
European Commission publishes its position principles on IP in Brexit
German Constitutional Court ask for Comments on complaint against UPC Agreement
Pharma company sells patents to Indian tribe in attempt to gain sovereign immunity over IPRs
HTC to sell smartphone unit to Google?
Yet more proof that the USPTO is running roughshod over inventors
Federal Judge in Apple Qualcomm suit looks set to collide with the UK high court on global licenses and FRAND
3 IP laws up for public comment in China

Today’s news of interest

New PTO Director seems to have deep litigation experience – will it help?

The UK Position on the CJEU

EU says IP rights shouldn’t be undermined by Brexit

The Intel case: will it be harder for smaller companies to prove dominance?

Inflow to China of IP license fees is claimed to be rising significantly

5 different things people mean when they say we must “revive anti-trust”

Another hysterical pro-implementer & anti-global license take on the UK Unwired Planet Decision, but at least it has lots of data

Waymo and Uber heading to court soon

It will be interest what happens to a patent litigation when 13 of 14 the IPR challenges are rejected

Did Judge Posner resign because of how pro se litigants are treated?

Attorneys sanctions for fee request 8 times the amount awarded to plaintiff

A Cybersecurity Breach at Equifax Left Pretty Much Everyone’s Financial Data Vulnerable

The Privacy Battle Over the World’s Largest Biometric Database

Update on Research on Technology Protectionism and the Chinese Patent System

Today’s new posts

Scotland is setting up local UPC court despite doubts on entire project

Ninetendo liable $10.1M for infringing a motion sensing accelerometer patent

Considering the human elements in IP litigation

Specialized intellectual property enforcement China implications Indian companies/

Commission publishes summary of decision to fine Facebook for providing incorrect or misleading information

Second largest Taiwanese contract chip maker indicted for trade secret theft

How Is Nokia’s Licensing Business Faring?

The Afterlife of PIPCO Portfolios

Signs that Delaware is Gearing up for the Post-TC Heartland Deluge

Are IPR’s Constitutional?

Interesting cases on the constitutionality of Administrative Law Judges that could impact the USPTO and the ITC

First time the ITC issues injunctive relief on an SEP

Even some Chinese companies are losing patience with efficient infringers

Is extreme anti-NPE company Kapersky a major security risk?

Brazilian Patent Office may automatically grant over a quarter million backlogged applications

Google flexes its strong hold over think tanks and opinion makers

Disturbing admission from the US PTO on how it stacks the deck against parties disfavored by the former director

German Constitutional Court case may significant delay or even derail the Unified Patent Court

An important new study on the role of trade secrets

 

The after-life of PIPCO’s portfolios

It will be interesting to see whether Fortress can succeed where its Public IP Company borrowers failed – and if it does why.   It will also be interesting to see how much money Fortress will be willing to throw at a very challenging target and whether the mere addition of money will make a difference.

http://www.iam-media.com/blog/Detail.aspx?g=94f2ff88-0089-4230-9836-e394147dfa4b

Signs that Delaware is gearing up to handle the post-TC Heartland deluge

The White House is vetting judges for Delaware.  http://www.delawarelawweekly.com/id=1202797234462/White-House-Vetting-Del-Senators-Picks-for-District-Court-Seats?mcode=1202617074375&curindex=0&slreturn=20170806083406

Are IPR’s unconstitutional?

Interesting article on the state of play in the Oil States Energy case.

http://www.newyorklawjournal.com/id=1202797238598/Deep-Dive-Does-the-PTOs-Inter-Partes-Review-Violate-the-Constitution?slreturn=20170806083753

The current tend in administrative law does not bode well for the current system staying unscathed.  It will be interesting to see if the Supreme Court also takes up the related questions of the constitutionality of administrative law judges in other agencies.   There are definitely lots of cases pending which could become a good vehicle for a complete rewrite of administrative procedures.  For example – https://www.nytimes.com/2017/09/05/business/dealbook/in-house-judges.html?mcubz=1

 

First exclusionary order on an SEP issued by the ITC

The U.S. International Trade Commission apparently has issued an exclusionary order (i.e., a form of injunctive relief) on an SEP.  The written opinion behind the initial determination is still confidential.  It will be interesting to see if it is upheld in the final determination.

https://www.natlawreview.com/article/itc-issues-first-exclusion-order-seps-and-upcoming-opinion-expected-to-provide

Are some Chinese companies starting to lose patience with efficient infringers?

At least the big Western ones it would seem, if this recent shouting match is anything to go by.

http://www.iam-media.com/blog/Detail.aspx?g=b32c51a8-1d63-434c-aa33-da90e8412753&from=timeline&isappinstalled=0

Extreme anti-patent assertion company, Kapersky a major security risk?

https://www.nytimes.com/2017/09/04/opinion/kapersky-russia-cybersecurity.html

https://www.theregister.co.uk/2017/08/31/kaspersky_handles_patent_trolls/