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An international blog on topical IP & Antitrust issues

An international blog on topical IP and Antitrust issues. January 12, 2017. This post was originally published on The IPKat. On 10 January 2017. World Intellectual Property Organization recently published its annual World Intellectual Property Indicators report. How good is the quality of the massive applications? What impacts does the boom have on patent protection in China? This article briefly discusses some aspects of these questions. Continue reading “China’s Patent Boom”. January 9, 2017. Who said ...

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An international blog on topical IP & Antitrust issues | trustinip.com Reviews

https://trustinip.com

An international blog on topical IP and Antitrust issues. January 12, 2017. This post was originally published on The IPKat. On 10 January 2017. World Intellectual Property Organization recently published its annual World Intellectual Property Indicators report. How good is the quality of the massive applications? What impacts does the boom have on patent protection in China? This article briefly discusses some aspects of these questions. Continue reading “China’s Patent Boom”. January 9, 2017. Who said ...

INTERNAL PAGES

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1

IP, Investment Arbitration and Policy Justifications

http://trustinip.com/ip-investment-arbitration-and-policy-justifications

An international blog on topical IP and Antitrust issues. IP, Investment Arbitration and Policy Justifications. December 13, 2016. December 13, 2016. Guest post by Ivan Stepanov*. So where does intellectual property (IP) come into play? So where exactly does the danger of investment arbitration hide? As the time of IP and investment law is still young this question like many others will be answered in the future. Tagged Alternative Dispute Resolution. When Supermodels Meet Competition Law. SEPs, #FRAND, ...

2

Shhh….Keeping the Secret Secret and Trade Secret Litigation

http://trustinip.com/shhh-keeping-the-secret-secret-and-trade-secret-litigation

An international blog on topical IP and Antitrust issues. ShhhKeeping the Secret Secret and Trade Secret Litigation. November 29, 2016. December 8, 2016. 8220;Whatever you do, don’t tell anyone”. Queens of the Stone Age The Lost Art of Keeping a Secret). I doubt Josh Homme was thinking about trade secrets when he wrote the above lyrics, but there’s some valuable “legal advice” hidden in those lines. Namely, as often pointed out, once a trade secret is out, it may be lost forever. So, what to do? Is the p...

3

Trade Secrets

http://trustinip.com/category/tradesecrets

An international blog on topical IP and Antitrust issues. Decompiling the rules on trade secrets, software and reverse engineering. January 24, 2017. January 24, 2017. My last post concerned trade secret litigation (read it here. Especially the latter sparked discussion in the EU with the arrival of the new Trade Secrets Directive (2016/943) (“TSD”). Reverse engineering is allowed based on Art. 3 (1) (b) and recital 16 of the TSD. Recital 16 of the TSD stipulates that. Allowed if it has been. Continue re...

4

Competition Law

http://trustinip.com/category/competition

An international blog on topical IP and Antitrust issues. Restriction of competition by object after Cartes Bancaires: further developments. March 9, 2017. March 9, 2017. How to assess whether an agreement between competitors has an anticompetitive object? In general, an agreement is known to be anticompetitive by object (or. Continue reading “Restriction of competition by object after Cartes Bancaires: further developments”. February 16, 2017. February 16, 2017. Guest post by Rupprecht Podszun,. Profess...

5

Chinese Patent Office proposed revisions to its Examination Guidelines

http://trustinip.com/chinese-patent-office-proposed-revisions-to-its-examination-guidelines

An international blog on topical IP and Antitrust issues. Chinese Patent Office proposed revisions to its Examination Guidelines. November 16, 2016. December 8, 2016. On 27 October 2016, the State Intellectual Property Office of China (SIPO) released proposed revisions to its Guidelines for Patent Examination for public consultation. According to SIPO’s explanatory note, the proposed revisions are aimed to strengthen the IP protection for innovation in emerging fields. If a claim merely relates to an alg...

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comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Canadian Court Rejects the Principle that Non-Infringing Alternatives Limit the Recovery of Lost Profits

http://comparativepatentremedies.blogspot.com/2015/01/canadian-court-rejects-principle-that.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, January 27, 2015. Canadian Court Rejects the Principle that Non-Infringing Alternatives Limit the Recovery of Lost Profits. Or should X recover no lost profits because in that but-for world it would have lost just as many sales and just as much profit as it did in the real world? And elsewhere, is that from an economic standpoint the rule followed in the U.S. and France is correct, and that United Horse-Shoe. Anyway, Profess...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : August 2015

http://comparativepatentremedies.blogspot.com/2015_08_01_archive.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Monday, August 31, 2015. Two Empirical Studies of Awards of Attorneys' Fees Post-Octane Fitness. Two student notes present some descriptive statistics on U.S. district court awards of attorneys' fees to the prevailing patent owner following the Supreme Court's decision last year in Octane Fitness. 1 Hannah Jiam has posted a note on ssrn titled Fee-Shifting and Octane: An Empirical Approach Toward Understanding 'Exceptional'. Have ten...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Some Initial Thoughts on the Japanese IP High Court's Apple/Samsung Judgments

http://comparativepatentremedies.blogspot.com/2014/09/some-initial-thoughts-on-japanese-ip.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, September 9, 2014. Some Initial Thoughts on the Japanese IP High Court's Apple/Samsung Judgments. As I mentioned yesterday. What follows are some key points from the Grand Panel's judgments, and my (very preliminary, somewhat hastily put-together, and therefore to be taken with a grain of salt) thoughts regarding them:. Is the one that is abusing the process (though I still haven't quite thought through my own views as to wh...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Ninth Circuit Affirms in Microsoft v. Motorola

http://comparativepatentremedies.blogspot.com/2015/07/ninth-circuit-affirms-in-microsoft-v.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 30, 2015. Ninth Circuit Affirms in Microsoft v. Motorola. S the opinion. More later. Subscribe to: Post Comments (Atom). Thomas F. Cotter. Briggs and Morgan Professor of Law. University of Minnesota Law School. 229 19th Avenue South. To purchase my book. Link to my faculty webpage. Follow @ThomasCotter1 on Twitter. Other Blogs of Interest. Antitrust and Competition Policy Blog. Patent Law Blog (Patently-O). Westerngeco...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Ninth Circuit Opinion in Microsoft v. Motorola: Analysis

http://comparativepatentremedies.blogspot.com/2015/07/ninth-circuit-opinion-in-microsoft-v.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 30, 2015. Ninth Circuit Opinion in Microsoft v. Motorola: Analysis. As I mentioned earlier, today the Ninth Circuit affirmed Judge Robart's judgment in Microsoft v. Motorola. Bottom line: the court's decision is consistent with the emerging consensus, both in the U.S. and abroad (as reflected in the CJEU's decision in Huawei. Mark A. Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking. To mitigate the risk that...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Reasonable Royalties Based on Extraterritorial Sales

http://comparativepatentremedies.blogspot.com/2014/08/reasonable-royalties-based-on.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Wednesday, August 13, 2014. Reasonable Royalties Based on Extraterritorial Sales. Last April I blogged. About the $1.5 billion verdict in Carnegie Mellon University v. Marvell Technology Group, Ltd. First, Professor Brian Love filed an amicus brief on Monday in support of Marvell. You can download the entire brief here. Or on ssrn here. Here is the introduction and summary of argument:. The damages theory adopted below also threatens...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Disclaimer

http://comparativepatentremedies.blogspot.com/p/disclaimer.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. The author may provide links to other websites related to the topics covered in this blog, but the author does not intend such links to be endorsements of any of the content available on those sites. The author cannot vouch for the truth or accuracy of those sites. The opinions expressed on this blog are those of the author and should not be attributed to the University of Minnesota or to any other person or entity. Japan Patent Act ...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : June 2015

http://comparativepatentremedies.blogspot.com/2015_06_01_archive.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Tuesday, June 30, 2015. US ITC to Review FRAND Issues. I'm still catching up on things after returning from Japan, and only today came across this post. For previous mention of this case on this blog, see here. Monday, June 29, 2015. A Chinese Case on Preliminary Injunctions. From this past February). Fifth, the court considered the balance of rights and interests including the public interest. The court concluded that the reques...

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Huawei v. ZTE: Analysis

http://comparativepatentremedies.blogspot.com/2015/07/huawei-v-zte-analysis.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Thursday, July 16, 2015. Huawei v. ZTE: Analysis. The long-awaited CJEU judgment. In Huawei Techs. Co. v. ZTE Corp. Case C-170/13, takes something of a middle path to the question of whether it is an abuse of dominant position for the owner of a FRAND-encumbered standard-essential patent (SEP) to request injunctive relief against an alleged infringer. Here are a few things that struck me:. Of Fundamental Rights of the European Union].

comparativepatentremedies.blogspot.com comparativepatentremedies.blogspot.com

Comparative Patent Remedies : Japan Fair Trade Commission Seeks Public Comments on Proposed FRAND Policy

http://comparativepatentremedies.blogspot.com/2015/07/japan-fair-trade-commission-seeks.html

A Blog Devoted to the Comparative Law and Economics of Patent Remedies. Friday, July 10, 2015. Japan Fair Trade Commission Seeks Public Comments on Proposed FRAND Policy. Is a link to the press release, which provides directions for interested parties to submit comments. The Guidelines with the proposed amendments (Tentative Translation) are available here. And the Survey Report on Issues related to Essential Patent (Tentative Translation) is available here. The description above shall be applied no matt...

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An international blog on topical IP & Antitrust issues

An international blog on topical IP and Antitrust issues. January 12, 2017. This post was originally published on The IPKat. On 10 January 2017. World Intellectual Property Organization recently published its annual World Intellectual Property Indicators report. How good is the quality of the massive applications? What impacts does the boom have on patent protection in China? This article briefly discusses some aspects of these questions. Continue reading “China’s Patent Boom”. January 9, 2017. Who said ...

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