Recent U.S. Court Decisions And Developments Affecting Licensing
By John Paul and D. Brian Kacedon Subsidiary Has Standing to Join Lawsuit as Implied Exclusive Licensee, But Parent Cannot Recover Lost Profits of Subsidiary from Patent InfringerIn Mars, Inc. et al. v. TruRX LLC et al., even in the absence of a written patent license agreement, a parent company successfully showed that its subsidiary had […]
To What Extent Are University IP Policies Legally Binding? Part 1: Staff
By Philip Mendes All universities and other research organisations (for brevity, the term “university” is employed, and refers not just to a university, but to all forms of a non-for-profit research organisation) have intellectual property (IP) policies. Like other policies, they serve an important function, stating the university’s position upon diverse matters ranging from conflicts […]
Exploring The New Dimension Of China’s Invention Economy
By Qinghong Xu and Patrick Terroir While acknowledgement of intellectual property rights in China can be traced back as far as the Tang Dynasty (618-907 AD), the first patent-specific law in China was enacted in 1889, towards the end of the Qing Dynasty. Modern Chinese patent law, however, began with the issuance of the Provisional […]
A New Look At Intellectual Property And Innovation In Africa
By Patrick Terroir Africa: dawn of a new eraAfrica is a large continent with 54 countries. A solid average growth rate of more than five per cent over the past 15 years, bears witness to the region’s impressive economic potential. A growing labour force and a large and emerging consumer market hold the promise of […]
Exhaustion v. Non-Exhaustion— Deciphering The Federal Circuit’s Lexmark Decision And Its Implication On Technology Transactions
By Jiang Bian On February 12, 2016, the United States Court of Appeals for the Federal Circuit issued its en banc (where a case is heard before all the judges of a court) decision Lexmark International, Inc. v. Impression Products, Inc., which confirmed that, despite recent decisions of the United States Supreme Court supporting exhaustion of […]
Strategies For Developing University Innovation Ecosystems: An Analysis, Segmentation And Frame-work Based On Somewhat Non-Intuitive And Slightly Controversial Findings
By Mike Alvarez Cohen Abstract Universities have been increasingly viewed as catalysts for regional economic vitality—especially related to innovation, entrepreneurship and startups. Accordingly, many universities have been increasingly trying to establish robust innovation ecosystems that drive local economic development (which in turn, bolster university research and education programs). This paper describes an analysis, framework and […]
How To Find, Assess And Value Open Innovation Opportunities By Leveraging IP Databases?
By Paul Germeraad and Wim Vanhaverbeke An increasing number of companies are practicing open innovation by relying on external sources of technology.1 However, inbound open innovation is not always leading to the expected improvements in innovation performance. A key factor for success is quickly and reliably determining which technology or solution a company should source […]
What Happened and Is Happening To R&D and Technology Transfer
By Stephen A. Degnan and Christopher A. Wickander The UPC Agreement defines the principle of exclusive competence of the Unified Patent Court. This exclusive competence applies to both types of European patents i.e. Unitary patents (European patents with unitary effect in all Contracting Member States) and European patents having a national effect in specific designated […]
Opt-Out and Transitional Period In The Unified Patent Court (UPC)
By Axel Casalonga The UPC Agreement defines the principle of exclusive competence of the Unified Patent Court. This exclusive competence applies to both types of European patents i.e. Unitary patents (European patents with unitary effect in all Contracting Member States) and European patents having a national effect in specific designated EPC Member States including UPC […]
A Compilation of Practitioners’ Views—Life Sciences Dispute Resolution
By Judith Schallnau This Compilation of Practitioners’ Views on Life Sciences Dispute Resolution was prepared in light of increasing numbers of life sciences mediations and arbitrations filed with the WIPO Arbitration and Mediation Center (WIPO Center), and in conjunction with a WIPO Center Conference on Dispute Resolution in Life Sciences held on May 22, 2015, […]
