Intellectual Property UK

  • March 18, 2024

    Sterlite Says Rival's Fiber-Optic Patent Is 'Mere' Co-Location

    Sterlite Technologies has hit back at Fujikura's claim that it infringed a U.K. patent for a fiber-optic cable, arguing that protection should have never been granted because it was a "mere" co-location of known features.

  • March 18, 2024

    Packaging Patent Gets Amended For 'Lack Of Inventive Step'

    A packaging company has partially succeeded in appealing a decision to uphold a patented method for checking the position of adhesive labels on sheet materials, with European officials finding that aspects of the technique would be "obvious to the skilled person."

  • March 18, 2024

    Pharma Cos Sign €40M Deal To Market Hearing Loss Drug

    Specialty pharma business Norgine BV has secured an exclusive licensing agreement worth €40 million ($43 million) to sell a medication that reduces the risk of hearing loss in young chemotherapy patients, the drug's producer Fennec has announced.

  • March 15, 2024

    Quantum Spinoff Breached Fiduciary Duty In TM Dispute

    Quantum Actuarial LLP has lost an appeal to force its predecessor, Quantum Advisory Ltd., to let it use the "Quantum" name as it branched off the business, after a London court found that the actuarial business was wrongly acting out of self-interest.

  • March 15, 2024

    Biotech Unit Beats Challenge Over Chemical Library Patent

    A unit of a Swiss biotech has won its bid to patent a method for DNA-encoded chemical libraries, after European officials ruled that a challenge to the application lacked substance.

  • March 15, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.

  • March 15, 2024

    Spanish Winery Blocks 'Casa Del Sol' TM Over Similarities

    A Spanish winery has successfully contested a rival registering a trademark for the words "Casa del Sol," after the European Union Intellectual Property Office ruled there is a risk of confusion when compared with its earlier marks.

  • March 15, 2024

    Powell Gilbert Pros Warn Of Big Changes In IP Litigation

    The life sciences sector should brace itself for change as transformative technology creates new disputes, the sector adjusts to the Unified Patent Court and EU proposals to overhaul standard essential patent licensing could cause upheaval, three partners tell Law360.

  • March 14, 2024

    Nokia Sues Verifone For Infringing SEPs With Payments Tech

    Nokia has sued Verifone in Europe for illegally using its connectivity technologies in devices used to process transactions, claiming that these point-of-sale products are infringing a mix of standard essential patents.

  • March 14, 2024

    Ocado's UPC Appeal Weighs 'Reasonable Request' For Docs

    Online supermarket giant Ocado has urged the appellate wing of the Unified Patent Court to consider the interests of all sides before granting access to court documents, in a landmark appeal that could set the stage for transparency for the UPC going forward.

  • March 14, 2024

    Pfizer, Bristol-Myers Can't Revive Eliquis Patent At EPO

    Pfizer and a Bristol-Myers Squibb unit have failed to rescue their jointly owned patent over the blockbuster blood thinner Eliquis in Europe after eight rivals convinced an appeals panel that the key compound in the formula was not inventive.

  • March 14, 2024

    Craig Wright Timeline: From Australia To The London Courts

    Computer scientist Craig Wright's one-man mission to prove to the courts that he is the elusive creator of bitcoin came to an end Thursday as a London judge rejected his claim in one of the most-discussed intellectual property cases in the English courts. Here, Law360 looks back at the history of Wright's claims.

  • March 14, 2024

    Wright Is Not The Inventor Of Bitcoin, Judge Rules

    A London judge ruled Thursday that Australian computer scientist Craig Wright is not the pseudonymous inventor of bitcoin, ruling that the evidence against his claim to be Satoshi Nakamoto was "overwhelming."

  • March 13, 2024

    Developer Of The Witcher Loses EU TM For Gwent Card Game

    The developer behind popular video game title The Witcher has lost protections over a "G" logo for its Gwent card game after a European Union appeals panel ruled that the company had failed to put the trademark to use.

  • March 13, 2024

    Advertising Co. Appeals Loss Over Rival's Billboard Tech IP

    Sports advertising firm Supponor on Wednesday fought to overturn a finding that it had infringed a rival's patent for moving digital billboard displays, saying its technology can't infringe because it's an obvious extension of its own previous patent.

  • March 13, 2024

    Medical Device Maker Sues Rival Over Bladder Stone Tech

    A Chinese medical device maker has accused a rival of infringing its patented suction device to remove bladder stones by marketing a similar-looking sheath at an annual industry conference.

  • March 13, 2024

    EasyGroup Fights Beauty Retailer Over easyCOSMETIC TM

    EasyGroup has accused beauty products retailer easyCOSMETIC of infringing its easyJet trademark, arguing in a London court on Wednesday that the online store's logo is leading customers to falsely believe it is associated with the group.

  • March 13, 2024

    Security Tech Biz Claims $12.5M For 'Obsolete' CCTV Software

    A Taiwanese security technology company has countersued an AI video analytics business for $12.5 million over a deal to buy the rights to CCTV-analyzing technology, arguing that the software it bought was "near obsolete."

  • March 13, 2024

    Boston Scientific Gets Heart Valve Patent On Appeal

    Boston Scientific has convinced European officials to grant it a patent over a stent valve based on an amendment that specified the use of a biomedical textile, which finally meant the invention was new.

  • March 13, 2024

    EU Parliament Overwhelmingly Passes Landmark AI Law

    European Union lawmakers voted overwhelmingly on Wednesday in favor of a first-of-its-kind artificial intelligence law, in a bid to help facilitate innovation while safeguarding the bloc's fundamental rights.

  • March 12, 2024

    Rihanna Instagram Ruling A Warning Shot For Brand Collabs

    Puma's delay in securing design rights for one of its shoes after then-creative director Rihanna posted images showing off the sneakers poses a warning for brands to consider intellectual property protections prior to striking a deal with famous collaborators.

  • March 12, 2024

    Ericsson Fights To Fend Off Lenovo FRAND Battle In UK

    Ericsson asked a London court on Tuesday to reject Lenovo's request for fair rates for the use of each other's patents to be set in the U.K., arguing that the Chinese tech giant was forum shopping to disturb ongoing proceedings in the U.S.

  • March 12, 2024

    Volvo Hits The Brakes On Polish Car Co.'s 'Vosco' TM

    Volvo has persuaded European intellectual property officials to reject a bid by a Polish car manufacturer to get trademark protection for "Vosco Automotive" because it would exploit the Swedish auto giant's renown.

  • March 12, 2024

    'Clearer Than Ever' That Wright Is Not Satoshi, Developers Say

    Lawyers for developers seeking to prove that Craig Wright is not the pseudonymous inventor of bitcoin told the High Court that it is "clearer than ever" that the Australian computer scientist is not Satoshi Nakamoto in closing arguments on Tuesday.

  • March 12, 2024

    Tequila Regulator Wins Appeal Over 'Genquila' Wine TM

    The industry regulator for tequila has convinced European officials to nix a trademark for "Dutch Genquila" that had been granted for wine products, after demonstrating that buyers would still think of the Mexican spirits.

Expert Analysis

  • An Overlooked Tool To Fight USPTO 'Restriction'

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    Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.

  • Opinion

    AI-Generated Works Should Not Have Copyright Protection

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    The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.

  • Examining The New UK Service Guidance For TM Proceedings

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    A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

  • A Look At M&S' Registered Design Claim Win Against Aldi

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    Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.

  • UK Teva Ruling Brings Patent Remedy Into Question

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    Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.

  • How CJEU Case Shifts TM Liability For Platforms Like Amazon

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    The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, say Louisa Chambers and Helen Reddish at Travers Smith.

  • Europe's New Unitary Patent System Will Affect IP Agreements

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    Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.

  • EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.

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    The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.

  • A Look Ahead At Key UK Intellectual Property Cases

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    Anticipated 2023 U.K. intellectual property decisions include robotics, artificial intelligence, and clean energy matters that have also been heard in the U.S., while other areas to watch include global fair, reasonable and nondiscriminatory issues, as well as COVID-19 patent litigation, say Tom Oliver and Claire Robinson at Powell Gilbert.

  • Lessons That May Be Learned From The Demise Of Made.com

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    With Made.com going into administration, companies that may face similar challenges should take on board that the earlier adequate preemptive planning is considered, the more financial and legal options there will be to avoid last minute firefighting and to focus instead on strengthening the business, says Eleni Michaela at Faegre Drinker.

  • Teva Case Aims Europe's Pharma Crackdown At IP Loophole

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    The European Commission's recent allegations against Teva signal not only the EU competition watchdog's continued focus on intellectual property violations in the pharmaceutical sector but also its new enforcement interest in exclusionary disparagement, say Robert Bell and Malgorzata Janiec at Armstrong Teasdale.

  • Determining Whether To Opt Out Of New Unified Patent Court

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    The new United Patent Court, made up of judges from all European Union member states, will cover the new unitary patent and European patents unless the owner chooses to opt out during the transition period, so patent proprietors must consider whether to opt out for each patent family, say Steffen Steininger and Anna-Katharina Friese-Okoro at Hogan Lovells.

  • 10 Things To Know About The Coming EU Unified Patent Court

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    When the Unified Patent Court opens next year, it will represent a paradigm shift for adversarial patent proceedings in Europe, and practitioners should familiarize themselves now with this new, centralized litigation system, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • 7 Key Takeaways For Litigating Willful Patent Infringement

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    Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v. Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law.

  • Trademark Ruling Brings Clarity To Product Defect Liability

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    The recent Court of Justice of the EU ruling in Fennia v. Philips, its first concerning the trademark aspect of producer liability in Article 3(1) of Directive 85/374, brings greater clarity to the question of compensation in the event of a claim for defective products, say Radboud Ribbert and Thomas van Weeren at Greenberg Traurig.

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