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Fresh From the Bench: Latest Federal Circuit Court Case

CASE OF THE WEEK Apple Inc. v. Vidal, Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial...

A “Known Technique” for Showing a Motivation to Combine References

Written by: Justin J. Gillett & Eric Wittgrove INTEL CORP. V. PACT XPP SCHWEIZ AG Before Newman, Prost, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary...

Stipulation of Non-Infringement Found Insufficient for Appeal

Written by: Justin J. Gillett & Kenneth O. Aruda, Ph.D. ALTERWAN, INC. V. AMAZON.COM, INC., AMAZON WEB SERVICES, INC. Before Lourie, Dyk, and Stoll. Appeal from the United States ...

Judicial Review Is Available for PTO Director’s Fintiv Rulemaking Procedure

Written by: Justin J. Gillett & David J.K. Hulett APPLE INC. v. VIDAL Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the Northern...

Trademarks and the Digital Age: Protecting Your Brand Online

In today's digital age, trademarks are becoming increasingly important for businesses looking to protect their brand in the online world. With the rise of social media and online...

From Monopoly to Competition: The Intersection of Patent and Antitrust Law in Promoting Market Efficiency

In a free market economy, competition is essential for promoting innovation, improving product quality, and providing consumers with greater choice and better prices. However...

Health Tracker Systems Alleges Garmin’s Smartwatch Infringes Patents

Written by: Eric Wittgrove Health Tracker Systems LLC (“Health Tracker”) sued Garmin International, Inc. (“Garmin”) for patent infringement in...

Feed tagged as "china patents":

Patexia Insight 136: China is #2 Most Active Foreign Country (Patentee)

Pedram Sameni May 12, 2022

Last month, we released our fourth annual Patent Prosecution Intelligence Report, one of our main reports in the Patexia Insight series. As... Read More »

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Xiaomi: Purchasing Patent Security

Zoe Bollinger Apr 27, 2015

Xiaomi is one of China’s rising stars in the smartphone industry and beyond and it has been drawing global attention as it grows. However, as it has tried to... Read More »

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China IP theft ring too big for one president

Rory Crump Oct 29, 2012

Mitt Romney is the voice of corporate America. At least when it comes to China bashing. Romney promises aggressive tactics when combating China’s intellectual... Read More »

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The Gradual Expansion of Patent Protection in China

Marc Morgan Apr 25, 2011

Any company worth a hoot these days has to begin giving consideration to protecting their intellectual property within China. Patent applications filed last year in... Read More »

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Comments

Marc MorganThanks for the thoughtful and insightful response Dan A. "Your point is taken on reciprocal rights". Really what I should have said, is just that there is an element of give and take in international politics. Steps by China towards stronger recognition of IP rights may result in other countries making concessions, not necessarily pertaining to intellectual property,that can be beneficial to Chinese businesses.

May 26, 2011

Dan AInteresting statistics! The increase in filing by Chinese companies is in large part driven by significant subsidies given by the Chinese government to Chinese companies which file patents. For Chinese companies obtaining a Chinese patent is certainly very cheap. For foreign companies I think China can be more expensive than the US due to translation costs. Depends on how you manage the filing and prosecution and which firm you use. Litigation is much cheaper. In my opinion the weakness in enforcement is not so much the factors you mention, but the practical difficulties of actually enforcing a judgment after it is given by the court. Damages of any significant level are very difficult or impossible for foreign companies to achieve. I am not quite sure what you mean by the Chinese government having an incentive to improve matters in order to secure reciprocal rights. Most reciprocal rights are already guaranteed by international conventions such as TRIPs which China is already a party to.

May 24, 2011

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