Expert Analysis

• 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.

• UK Supreme Court Broadens Scope Of Patent Protection

  

  The U.K. Supreme Court’s recent judgment in Actavis v. Eli Lilly sets out a revised approach to assessing patents in the U.K. and is likely to confer greater protection on patent owners, by providing that the protection afforded to a patent is not limited to the wording of the claims, say attorneys with Dechert LLP.

• Brexit Creates Uncertainty For IP

  

  Following Brexit, if the EU regulations directly applicable to intellectual property law are not transposed into English or Scottish law, a regulatory vacuum could be created. For patents, this could mean the first lack of substantive legal protection in over 700 years, says Roberta Young of Loza & Loza LLP.

• Guest Feature

  An Interview With Floyd Abrams

  

  It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

• An Interview With Ex-USPTO Director Todd Dickinson: Part 2

  

  During a recent conversation with us, Q. Todd Dickinson, former director of the U.S. Patent and Trademark Office, offered his thoughts on intellectual property legislative and judicial activity in recent years, the policies that could use improvement, and the challenges that lie ahead for patent holders, say David Haas and Scott Weingust of Stout Risius Ross LLC.

• An Interview With Ex-USPTO Director Todd Dickinson: Part 1

  

  David Haas and Scott Weingust of Stout Risius Ross LLC recently had a candid discussion with Q. Todd Dickinson, former director of the U.S. Patent and Trademark Office and current head of Polsinelli PC’s intellectual property public policy practice. He shared his thoughts on the evolution of IP policy since his time at the PTO and his current concerns about U.S. patent law.

• How China Became An IP Superpower

  

  China has repeatedly been labeled an intellectual property pirate and wholesale IP rights violator, but those labels are no longer accurate. Today, applicants who overlook China do so at their peril, says Jay Erstling, of counsel at Patterson Thuente Pedersen PA and former director of WIPO's Patent Cooperation Treaty Office.

• Real-World IP Tools In Virtual Worlds

  

  Nonmillennials usually approach things like virtual reality from the perspective of what we know as the “real” world. We compare objects and interactions with how they would be if generated by Mother Nature. This is the greatest challenge for intellectual property professionals working in a virtual environment, say Elizabeth Ferrill of Finnegan Henderson Farabow Garrett & Dunner LLP and Joacim Lydén of Awapatent.

• Filing Foreign Patents: 3rd-Party Disclosure Considerations

  

  For U.S. patent applications filed following a disclosure of the invention, the one-year grace period provides a useful safety net. However, in other territories much stricter rules apply, say Hannah Buckley and Stuart Lumsden of Marks & Clerk.

• EU May Soon Surpass US As Patent Center

  

  Despite some uncertainty surrounding Brexit’s impact, the changing patent regime in Europe likely will make things easier for patent holders. Indeed, the new Unified Patent Court has several features that suggest it will be an appealing alternative to U.S. patent courts, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.

• What To Expect From NPE Activity In China

  

  An affiliate of nonpracticing entity Wi-LAN recently filed a patent suit against Sony in Nanjing, China. NPE activities have rarely been seen in China, so this raises the concern that international NPEs are now stepping in. Chinese patent litigation practice has two factors favorable to NPEs and two factors not favorable to NPEs, says Jackie Wong, legal counsel at Xiaomi Inc.

• US Patent Practice Drifting Toward Approach Prevalent Abroad

  

  Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• Tips For Addressing The IP Challenges Of 3-D Printing: Part 1

  

  The intellectual property rights of both manufacturers that use 3-D printing and manufacturers that don't may suffer through claim drafting that does not take into account the opportunities provided by 3-D manufacturing, say attorneys with Marks & Clerk.

• EU Unified Patent Court Will Proceed In 2017 — Now What?

  

  Although it is sensible to be cautious and plan accordingly, we believe that the European Union's Unified Patent Court will, after a possibly extended teething period, become a significant forum in which patents are litigated, say Trevor Cook and Anthony Trenton, leaders of WilmerHale's IP litigation practice in Europe.