Expert Analysis

• New EU Patent Guidelines May Affect Companies' AI Strategy

  

  As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC​​​​​​​.

• Intellectual Property Caught In US-China Trade Crossfire

  

  Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

• Patent Eligibility Assessments: US Approach Vs. UK Approach

  

  Techniques used to address questions of obviousness in the U.K. may prove useful to practitioners addressing questions of patent eligibility in the U.S., say Christopher Carroll and Charles Larsen of White & Case LLP.

• Surveying The CRISPR Patent War

  

  Following this week’s oral argument at the Federal Circuit in University of California v. Broad Institute, there has been a surge of interest in the long-running CRISPR patent dispute. There are battles raging on multiple fronts, particularly in Europe, with several more on deck in the U.S., and maybe even in China, says Michael Stramiello of Paul Hastings LLP.

• UK Patent Ruling Sharpens Contrast With US Practice

  

  The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

• IP Considerations For UK Open Banking App Developers

  

  Since January of this year, consumer-facing banks in the U.K. have been required to make customers' banking data available to authorized third parties in a standardized format. As competition between open banking app developers increases, intellectual property rights will become a key legal tool, say Rajvinder Jagdev and Peter Damerell of Powell Gilbert LLP.

• The Case For Early Mediation Or Arbitration In IP Disputes

  

  Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.

• International Arbitration In 2018: A Year Of Rule Revisions

  

  Though still in its relative infancy, 2018 is shaping up to be a year of arbitral institution rule updates. Neil Newing and Ryan Cable of Signature Litigation LLP explore some of the more innovative and trending rule changes expected or predicted this year.

• A Look At Chemical Supplemental Examination Requests

  

  If used strategically, supplemental examination at the U.S. Patent and Trademark Office can provide a powerful tool for chemical patent owners to add to their armamentarium of options for Orange Book-listed patents when conducting a due diligence analysis of their patent estate prior to Orange Book listing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

• Cloud-Based Patent Claims — And How Providers Can Help

  

  Cloud customers may be exposed to liability for open source technologies that are buried deep within their providers’ offerings. In-house legal teams and developers need to be aware of the risk of patent litigation and the extent to which cloud providers can help mitigate these risks, says R. Paul Zeineddin of Zeineddin PLLC.

• Comparing EU And US Standard-Essential Patent Guidance

  

  The European Commission's long-awaited guidance on litigating and licensing standard-essential patents clarifies what conduct may insulate an SEP owner from abuse claims under competition law, in sharp contrast to the U.S., where the Federal Trade Commission and U.S. Department of Justice have declined to adopt any views on the subject, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

• Strategic Considerations In Selecting Emergency Arbitration

  

  In recent years, all of the major arbitral institutions have introduced an emergency arbitration procedure, yet studies suggest that parties rarely avail themselves of emergency arbitration and instead turn to local courts in times of crisis. Attorneys with Kirkland & Ellis LLP explore several considerations when determining where to pursue emergency relief.

• Strategies For Protecting Biotechnology In Brazil And China

  

  Brazil and China have taken important steps to become significant contributors to the future success of the bioeconomy. Understanding options for quickly procuring and challenging patents in Brazil and China can be key for companies looking to expand their bioeconomy investments outside the U.S. and Europe, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

• How The FTC Has Erred On Innovation Policy Issues

  

  Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.

• Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff

  

  Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.