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Insights relating to patents
What actually decides an IP dispute — the strength of your rights, or the machinery around them? This past week delivered three very different answers to that question, and each one points to the same conclusion for business leaders: outcomes are built long before anyone…
Intellectual property rarely fails loudly. It fails in the gap between filing and follow-through — the priority date no one re-checked, the order no one renewed, the AI agent no one supervised. This month’s posts make one point together: the threat to your most valuable…
The most valuable lesson in intellectual property this week wasn’t a single ruling — it was a pattern. Across a landmark licensing deal, a patent that collapsed over one character, and a Congressional hearing on the rules themselves, the same question kept surfacing: is your…
A former engineer leaves, starts a company, and files a patent. Months later the original employer discovers the application describes technology that looks remarkably like a project the engineer worked on internally. This is one of the more under-managed risks in any R&D-heavy business —…
IP Organiser’s recently compiled record of every pharmaceutical patent term extension granted in Australia maps roughly 1,600 extended patents across 850 products, and the patterns are worth reading closely. Activity is concentrated: a handful of originators (Novartis well out in front, then Pfizer, Roche, AstraZeneca…
Amending the basis of your validity challenge in patent litigation is never just a procedural move — it is a strategic play with real commercial consequences. What stands out in AstraZeneca AB v Pharmacor Pty Ltd (No 3) [2026] FCA 565 is a good reminder…
Widening a patent claim is never free. Every limitation you drop to capture more of the market quietly commits you to two things: a disclosure that actually supports the wider claim, and a priority date that can still carry it. Lose sight of either, and…
A McKinsey study found that 44% of directors said their boards simply reviewed and approved management’s proposed strategies—and only 10% felt they fully understood the industry dynamics they were governing. For IP-intensive businesses, that gap is expensive. Inventions, brands, data and know-how are often the…
The most valuable thing a competitor can do to your patent is comply with the law around it. That is the quiet lesson for IP-intensive businesses in the US Supreme Court’s unanimous June 2026 ruling in Hikma v. Amarin (read it here). Amarin held a…
A patent settlement can look perfectly clean on its face and still carry antitrust risk buried in its economics. That is the lesson from an $885 million jury verdict handed down in Boston this month, where Takeda was found liable for effectively paying a generic…
The Unified Patent Court has signalled that its reach extends well beyond its own member states, and IP-intensive businesses should take note. In its 2 June 2026 decision in Fujifilm v Kodak, the UPC Court of Appeal confirmed that Article 34 of the UPC Agreement…
Strip the case names away and one pattern runs through this month’s posts: the decisive moment in an IP matter almost never happens in the courtroom. It happens years earlier — in the words drafted into a claim, the honesty of a brand at first…
A decade-long battle over an anti-scaling method for the Bayer process has just delivered a sharp reminder that patent claims are commercial instruments, not afterthoughts. In Nalco Company v Cytec Industries Inc [2026] FCAFC 72, the Full Federal Court upheld findings that Nalco’s original claims…
How quickly a patent can lose its strategic value when the underlying disclosure isn’t built to withstand real‑world scrutiny. In the Federal Court’s decision in Orikan v VMS (No 2), Orikan’s infringement case faltered on multiple grounds, but most interestingly because the patent specification couldn’t…
The recent McKinsey article “Using AI to boost productivity is unlikely to create a sustainable advantage” (read it here) offers a timely reminder for business owners with valuable IP portfolios: AI-driven efficiency gains won’t deliver lasting advantage, but using AI to reshape offerings, business models,…
The Davies v Lazer Safe decision is a timely reminder that in IP disputes, leverage often sits in the procedural details. The Court clarified that an old filing restriction—tied to documents from long‑finished litigation—had nothing to do with Mr Davies’ attempt to bring a new…
European Patents – do applicants have to amend the description to match the allowed claims? Finally there is a referral to the Enlarged Board of Appeal (G1/25) to sort out this conflict between the EPO guidance and the Board of Appeal. The Unified Patent Court…
EPO enlarged board of appeal rules that non-reproducible commercial products are prior art when assessing novelty and inventive step. A product put on the market before the filing date of a European patent application cannot be excluded from the state of the art solely because its…
EPO Enlarged Board of Appeal clarifies claim construction – yes you do need to consult the specification to interpret the claims: IPKat; Cooley; Pinsent Masons Meta wins summary judgment win in AI training copyright lawsuit – but still plenty of room for copyright owners to…
Nike settles trade mark dispute with “Shoe Surgeon” Dominic Ciambrone over his high end customised shoes. He’s apparently allowed limited customization with removal of any Nike IP. StupidDope; SGB Media; hypebeast; USPTO (Acting) Director comes up with a new way to deny Inter Partes Review…
There can be a lot of uncertainty in deciding whether to commence patent infringement proceedings. They are expensive, and you want to get this decision right. A key factor is often a lack of detailed understanding of the alleged infringing product or process. The patent…
Here’s an update on what’s been happening in the world of IP lately: Silfab acquires EnPV’s solar panel patent portfolio including the Self-Aligned Back Contact (SABC) technology and an associated trade mark. PV Tech, Solar Quarter, Technology News, South Korean Supreme Court held that SK…
Here’s a brief round up of practical things to remember from recent Australian Federal Court IP decisions. (There’s no real legal analysis here, sorry – this one is for business readers, not lawyers.) Strategic Litigation Management is Crucial. Companies should develop a clear and well-supported…
Artificial intelligence (AI) is impacting many facets of intellectual property law and practice. We have to keep in mind both the challenges AI presents and the opportunities it creates for innovators and legal professionals. Copyright and AI: The US Copyright Office has released reports examining…
Another Repatha instalment, this time the UPC (Unified Patents Court) in Europe issued it’s first decision on infringement of second medical use claims. Regeneron’s EP 3536712 patent (licensed to Sanofi) found valid but not infringed by Repatha under a two stage test set out by…
“‘The technology is moving so fast and we’re so small, we don’t need a patent, we just need to move fast.” Wrong. Every small tech company is going to want to deal with a larger company sooner or later. You need to be fully prepared…
In fairly big news for patent litigants in the US, the Federal Circuit recently clarified that you can rely on prior art in the patent litigation, even if you have relied on previously in an Inter Partes Review (IPR). The proviso is that you can…
US Copyright Office released a controversial report on AI impact on copyright and then one day later Trump fired the Director, Shira Perlmutter. A key finding of the report was that AI companies using copyrighted materials to train their models may not be protected by…
The global dispute between Amgen and Sanofi over patent claims to Amgen’s drug Repatha® (evoloumab) saw another chapter close on 24 April. In this installment, the Australian Federal Court dismissed Sanofi’s appeal and upheld the claims. Given the nature of the dispute, it seems almost…
Trending in intellectual property at the moment: Apple ordered to pay US $502m plus compound interest to non practicing entity Optis in FRAND patent infringement appeal to UK Court of Appeal. : Judgment; Apple World Today; Reuters; Engadget; IPWatchDog; U.S. Trade Representative Releases 2025 Special…
