Category: Patent & Other IP Offices
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UK government proposes SEP measures such as rate-setting procedure, seeks input
The UK Intellectual Property Office has invited stakeholders from across the SEP ecosystem to submit views and evidence on proposed SEP measures by October 7, 2025.
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USPTO divisions’ clash over Apple patent invalidation decision undermines “integrity and consistency”, patentee alleges
A petition filed by Proxense against Apple has uncovered an inconsistency in results on substantially similar issues and the same underlying facts between decisions by the United States Patent & Trademark Office’s Patent Trial and Appeal Board and fellow internal division, the Central Reexamination Unit.
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EPO’s Enlarged Board of Appeal: reproducibility irrelevant to eligibility of sold product as prior art and ability to destroy novelty
Context: The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) made a decision on claim construction last month that aligns its case law with that of the Unified Patent Court’s (UPC) Court of Appeal (CoA) (June 18, 2025 ip fray article). We will continue to report on EBA decisions that we believe…
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USPTO issues more discretionary denials: Intel, Google, Nokia, Ericsson among losing petitioners
The significant inter partes review denials come less than a month after a Unified Patents report found the number of such decisions is three times higher than those under Director Andrei Iancu in 2020.
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European Patent Office aligns with Unified Patent Court on claim construction standard: Enlarged Board of Appeal decision
Today’s decision by a Board of Appeal of the European Patent Office lays out a claim construction standard that is materially consistent with that of the Unified Patent Court’s Court of Appeal.
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USPTO on pace to quadruple discretionary denials under new interim procedures, report says
Recent data by Unified Patents has found that there were three times more United States Patent & Trademark Office’s Patent Trial and Appeal Board discretionary denial decisions in Q1 2025 than the last record number of decisions (167 in 2020).
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Pendulum swings back in favor of Fintiv in payment-system patent infringement dispute with Apple
The United States Court of Appeals for the Federal Circuit has reversed a Western District of Texas grant of summary judgment in a dispute between Fintiv and Apple, reviving Fintiv’s infringement claims and remanding them for trial.
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UPC Dusseldorf issues first decision on second medical use, hands win to Amgen in cholesterol patent dispute against Sanofi
The Dusseldorf Local Division has clarified how the UPC deals with second medical use in patent infringement proceedings, including considering the extent or significance of the allegedly infringing use, and whether an entity is “positively” or “negatively” influencing a market by encouraging infringement, or preventing a product from being used for patented use.
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Federal Circuit hands victories to Apple, PayPal in parallel payment-system patent infringement disputes with Fintiv
The United States Court of Appeals for the Federal Circuit has thrown out an appeal against a Patent Trial and Appeal Board invalidation decision brought by Fintiv against Apple, after the same patent was already invalidated in a parallel case against PayPal.