Long read

Why patent litigators are now central to a wide range of commercial disputes

The Long Read: It’s no longer all about infringement, write Michelle Avery, Nicole McTernan and Drew Sills of Ocean Tomo. Instead, IP specialists are increasingly being called on in a diverse array of corporate lawsuits

01 December 2021

How to deal with China's new crackdown on bad-faith patent filings and other examination changes

The Long Read: New guidelines in the works at the CNIPA will continue the fight against 'irregular' applications, make utility models harder to get and heighten the risk of litigation in the software space, write Aaron Wininger of Schwegman Lundberg & Woessner, PA and Austin Chang of Beijing East IP

24 November 2021

Chinese patent litigation data: what it tells us and what it doesn’t

The Long Read: Exclusive analysis from Rouse and Berkeley Law’s Mark Cohen suggests that the country's courts publish only around half of the judgments that they hand down, often months after the fact. But the information that is available still has strategic value if you know what to look out for

17 November 2021

Managing patent risk: why proactive engagement costs less

The Long Read: The recent findings of a survey conducted by Cipher suggest that upward communication of problems only occurs when a major issue arises. Nigel Swycher and Francesca Levoir argue that companies need a better framework for managing and mitigating the IP threats they face

10 November 2021

What patent numbers say about the quantum technology race

The Long Read: A gap between scientific publications and patent filings in quantum fields paints a worrying picture for European innovators, in particular, write Sebastien Ragot and Michel Kurek. However, there is still time for course correction

03 November 2021

How a wave of CAFC reversals is affecting the Albright court in the Western District of Texas

The Long Read: Data from Docket Navigator and analysis of 35 Federal Circuit mandamus rulings show that the judge presiding over the US's busiest patent litigation venue has changed some of his procedures, writes Angela Morris, but that there are other practices he has been slower to address

27 October 2021

Courts split on AI inventorship and patenting

The Long Read: Those hoping for clarity on whether AI programmes can be regarded as inventors for patent purposes will be disappointed by the different ways in which courts around the world have handled the issue so far. Helen Macpherson, Tanvi Shah and Avi Toltzis of Baker & McKenzie look at recent developments

20 October 2021

Why the auto sector is heading for an IP reckoning

The Long Read: Patent figures show the industry has engaged in wholesale borrowing of technology in the connected car era, writes Arvin Patel. Now the bill has become due

13 October 2021

Disentangling the problem of patent thickets

The Long Read: Biosimilars face far larger patent estates in the US than elsewhere. But when considering the causes of – and potential remedies for – the country’s thicketing phenomenon, the problem turns out to be a thorny one

06 October 2021

What patent owners need to know about financing life sciences disputes

The Long Read: Companies in the life sciences sector have increasing options when seeking outside investment in IP enforcement campaigns, writes Michael Gulliford. But unique legal considerations and risk factors call for careful structuring of deals

29 September 2021

NPE litigation in the US bounces back 

The Long Read: Sector-by-sector analysis reveals that transport, financial services and networking all recorded triple-digit percentage growth in patent suits filed by non-practising entities between 2018 and 2020, writes IAM data reporter Bridget Diakun

22 September 2021

A decade on, PTAB debate still dominates discussion of the AIA’s legacy

The Long Read: The Congressional authors of the America Invents Act and the USPTO directors who implemented and reformed it weigh in on the 10-year anniversary of the game-changing legislation

15 September 2021

Assessing the reasonableness of 5G headline royalty rates

The Long Read: The licensing fees Nokia, Ericsson and InterDigital have set for the latest mobility standard materially exceed those they were able to achieve in their 4G programmes, write Ankura's Michael J Lasinski, Philip W Kline and Alejandra P Loaiza-Delgado

08 September 2021

Qualcomm licensing chief is number one in IAM's Market Makers ranking of the world's IP business leaders

The Long Read: Alex Rogers heads the list of individuals who have shaped the global patent licensing and deals markets over the past year, with senior executives from both corporates and NPEs making up the rest of the top 10

01 September 2021

Meet the people who make the global patent transactions market tick

The Long Read: Grounded at home and facing an uncertain business environment, IP business leaders still found ample opportunity to make innovative deals during the covid pandemic. Today, we name the individuals sitting in places 40 down to 11 in this year's IAM Market Makers ranking

25 August 2021

 How the covid-19 pandemic has transformed the IP legal landscape

The Long Read: Top private practice partners based in Australia reflect on what it has taken to captain their firms through the events of the last 18 months and look at the ways in which the significant upheavals have affected the IP services industry

18 August 2021

How innovators hit by Brazil’s shortened patent terms can mitigate their impact

The Long Read: Since the country's Supreme Court curtailed thousands of rights in May, those who hold them have been scrambling for ways to maintain their income streams. Ricardo Nunes explores the best options for those affected by the changes

11 August 2021

Everything you wanted to know about patent rescue in Europe, but were too afraid to ask

The Long Read: Restoring inadvertently lapsed European rights need not be the nightmare scenario that many imagine. Carpmaels & Ransford’s Simon Keevey-Kothari lays out the strategic planning and solid arguments needed to get crucial IP smoothly reinstated

04 August 2021

Life sciences patent owners face a transformed inter partes review environment at the USPTO

The Long Read: Kramer Levin’s Hannah Lee and Irena Royzman look at how changes at the PTAB are playing out for companies in the sector caught up in litigation, while setting out crucial strategic insights that can help both rights holders and petitioners prevail.

28 July 2021

Four common myths about patent pools – and why they are wrong

The Long Read: Misunderstandings abound when it comes to pools and the markets that they serve. Sullivan & Cromwell’s Garrard R Beeney and Renata B Hesse take a scalpel to some of the most common misconceptions and expose how so-called ‘reforms’ could actually harm implementers

21 July 2021

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