Intellectual Property UK

May 20, 2024
Pharma Cos. Drop Appeal At Top Dutch Court

The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.
May 20, 2024
Moderna Fends Off Pfizer's MRNA Patent Challenge

Moderna has successfully defended a key patent underpinning its COVID-19 vaccine, after rivals Pfizer and BioNTech attempted to convince the European Patent Office that the IP protections should be nixed.
May 20, 2024
Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says

A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."
May 17, 2024
UK Litigation Roundup: Here's What You Missed In London

This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
May 17, 2024
Red Bull Fends Off 'Gives You Wings' TM Challenge

Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.
May 17, 2024
Drinks Biz Pours Cold Water On Winemaker's 'Pinea' TM Bid

A Spanish mineral water company has persuaded an appeals panel to block a winemaker from registering its "Pinea" trademark in the European Union, proving that consumers could confuse the logo with its earlier "Pineo" sign.
May 17, 2024
Lufthansa Unit Loses Latest R+, AirPlus EU Trademark Battle

A Lufthansa unit cannot block a financial consultancy's "R+ Cash Lab" trademark bid based on its set of "AirPlus" trademarks because consumers are unlikely to confuse the two brands despite their sounding similar, a European Union appeals panel has ruled.
May 17, 2024
German Sugar Biz Beats Sinusitis Patent Challenge At EPO

A German sugar giant has claimed victory in an appeal against a challenge to its patents for the use of a plant fiber to prevent sinusitis, as the board found that the inventions of the challengers differed significantly from its own.
May 16, 2024
Cybercompany Gen Digital Partially Fends Off 'Gen' TM Attack

Cybersoftware firm Gen Digital partially fought off an attack on its trademark "Gen," but lost the ability to register it for several services after British officials ruled that consumers might overlook the number at the end of tech company Gen25's mark and get confused.
May 16, 2024
Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss

Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.
May 16, 2024
Luxury Sunglasses Co. Beats 'Akoni' EU TM Challenge

A Swiss luxury sunglasses company has fought off a jeweler's challenge to its "Akoni" trademark, persuading a European Union appeals panel that consumers would not confuse the sign with its opponent's earlier "Ascoli" branding.
May 16, 2024
TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs

A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.
May 16, 2024
Recordati Adds New Head Of IP From Zentiva

Recordati has hired a U.S. lawyer with a decade of experience working in-house at pharma giants Sandoz and Zentiva to take on a newly created role as group head IP counsel.
May 16, 2024
Romanian Pharma Co. Beats Rival For Cough Syrup TM

A Romanian pharmaceutical company has fought off a rival's bid to get its cough syrup trademark scrapped by European Union intellectual property officials.
May 16, 2024
EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says

An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.
May 15, 2024
Justices Mull What Defines A Computer In AI Appeal

A London appeals court grappled Wednesday with what exactly constitutes a "computer" under patent law, as counsel for an AI company attempted to convince the courts to let be a ruling that held its AI invention is neither a computer nor a program, and therefore patentable.
May 15, 2024
AbbVie Unit Protects 'Juvéderm' Cosmetics TM At EU Court

An AbbVie unit on Wednesday fought off a challenge to its "Juvéderm" trademark at a European Union court, convincing officials that it did not monopolize the dermal filler brand in bad faith to capitalize on its opponent's earlier use of the brand name in Lebanon.
May 15, 2024
Huawei Loses EPO Bid For Roaming Calls Patent

Huawei has lost its fight to patent technology for streamlining the process for making international calls, after an appellate board at the European patent authority ruled that the technology did not build on older software.
May 15, 2024
Punk Bassist Nixes 'Slaughter And The Dogs' Band Name TM

The former bassist of 1970s punk rock band Slaughter and the Dogs has persuaded intellectual property officials to nix his former bandmate's trademark over the group's name, proving that the lead singer could not claim all the benefits of the band's reputation.
May 15, 2024
6 Questions For Sebastian Moore, HSF's IP Head In The UK

Sebastian Moore, head of the intellectual property practice of Herbert Smith Freehills LLP in the U.K., has told Law360 that he had been keen to make use of his chemistry degree when he decided to become a lawyer specializing in IP.
May 15, 2024
Fashion Execs Not Liable For TM Infringement, Justices Say

Two executives of a defunct fashion company are not legally responsible for causing their business to commit trademark infringement, Britain's highest court ruled Wednesday, making them exempt from paying back profits from their alleged wrongdoing.
May 14, 2024
Appeals Court Urged To Rule Neural Network Is Not Patentable

Counsel for the U.K.'s patent authority urged an appeals court to overturn a decision that held a company's recommendation technology could be patented, in a much anticipated appeal that looks to set the groundwork for the scope of protection for "artificial intelligence"-related technology.
May 14, 2024
Electronic Labeling Biz Can't Get Injunction In €2M UPC Battle

A French electronic labeling company has failed to provisionally bar a Chinese competitor from selling its products amid a €2 million ($2.2 million) patent dispute, as a Unified Patent Court appeals panel was unconvinced that its rival's goods infringe the protected design.
May 14, 2024
F1's EU TM Still In The Race After Partial Appeal Win

Formula One can revive a trademark over its name for retail services that previous examiners had nixed, after European officials found that the racing group had genuinely used the mark for a required five-year period.
May 14, 2024
Chinese Vacuum Maker Loses Appeal Over TM Registration

A Chinese vacuum cleaner maker has failed to beat a European Union ruling to register a trademark for the name "Tineco," as an appeals board found that consumers might confuse it with a competitor's mark.

Expert Analysis

Mitigating Compliance And Litigation Risks Of Evolving Tech

Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
Major EU AI Banking Ruling Will Reverberate Across Sectors

Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
English Could Be The Future Language Of The UPC

While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.
Arbitration Remains Attractive For Digital Disputes In 2024

Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.
US And UK Law Firms Continue Trend Of EU Expansion

A broad spectrum of U.S. and U.K. law firms are now seeking fresh opportunities in Europe's fastest growing and constantly evolving sectors by opening offices in strategic locations across the continent, says James Lavan at Buchanan Law.
Looking Ahead At AI Regulation In The EU And UK

With AI regulation agreed upon in Europe and a U.K. regulatory authority on the horizon, organizations developing AI should consider deploying governance, addressing accountability and establishing internal guardrails to achieve a balanced approach to responsible innovation while managing risk, says Chris Eastham at Fieldfisher.
2024 Will Be A Busy Year For Generative AI And IP Issues

In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
The Most-Read Law360 UK Guest Articles Of 2023

Benefits of the new EU Unified Patent Court, artificial intelligence regulation and M&A trends amid rising inflation were among the hot topics U.K. Expert Analysis articles explored this year.
9 Takeaways From The UPC's First 6 Months In Session

Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
The Year In FRAND: What To Know Heading Into 2024

In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
How Int'l Student-Athlete Law Would Change The NIL Game

Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How The PTAB Landscape Shifted In 2023

Attorneys at Finnegan consider the impact of noteworthy Patent Trial and Appeal Board developments in 2023, including rulemaking, litigation, precedential decisions and director reviews that affected PTAB practice, and offer a reference for examining future proceedings and strategies.
How 'Copyleft' Licenses May Affect Generative AI Output

Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.
UPC Decision Highlights Key Security Costs Questions

While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.