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Intellectual Property UK
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March 19, 2024
Danish Medical Tech Biz Can't Dash Rival's Catheter Patent
A medical device company can keep an amended version of its catheter insertion patent after fending off Coloplast AS' claims that the device is not inventive, a European Patent Office appeals panel has ruled.
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March 19, 2024
Tesco Branding Infringes Lidl TMs, Appeals Court Rules
Tesco failed Tuesday to persuade an appeals court that its loyalty pricing scheme branding doesn't infringe trademarks for Lidl's logo, even though the justices acknowledged the lower court's decision that customers might be misled by the blue-and-yellow signage could be "surprising."
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March 18, 2024
AI Voice Platform Faces UK Litigation Over 'Deepfake' Songs
The U.K.'s trade association for recorded music has threatened legal proceedings against a deepfake artificial intelligence platform, alleging that the former Voicify's collection of AI voices infringes artists' rights.
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March 18, 2024
UPC Shows No Sign Of Dimming UK's IP Role — Yet
Lawyers and participants seem happy with the Unified Patent Court so far, but it has yet to move the needle on the popularity of the English courts for cross-border IP disputes — particularly after the U.K. Supreme Court set a crucial precedent.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
Expert Analysis
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Self-Driving Vehicles' Neural Networks Present IP Conundrum
While autonomous vehicles' use of artificial intelligence through neural networks is highly innovative, the position of these networks within intellectual property has yet to be cemented, and a debate is ongoing as to whether they are best protected by patent, database rights or copyright, say Rajvinder Jagdev and Lin Liu of Powell Gilbert.
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Failure To Launch: The Patent Thicket Delay Of US Biosimilars
Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.
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Huawei Case Might Mean UK Forum Sets Global FRAND Rates
The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.
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Must Inventors Be Humans? An Active Debate Over AI Patents
With the first international patents naming artificially intelligent algorithms as inventors filed this summer, and with the U.S. Patent and Trademark Office’s query into whether inventorship laws and regulations need revising, the debate over AI is testing the boundaries of patent laws in the U.S. and elsewhere, says Christian Mammen of Womble Bond.
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Henry Schein Case Illuminates Maze Of Arbitrability Questions
While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.
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Using Global Dossier To Simplify USPTO Disclosure Duty
The U.S. Patent and Trademark Office can make compliance with its duty of disclosure less burdensome by allowing applicants to submit a list of patent families that are believed to have material information and defining electronically available records broadly to include the Global Dossier, whose use the USPTO recently encouraged, says Brian Dorini of InterDigital CE Holdings.
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The Unique Challenges Of Owning International Cannabis IP
Due to the cost of prosecuting patents and the uncertainty in obtaining and enforcing cannabis patents in foreign jurisdictions, building a global cannabis patent portfolio presents complex strategic questions, says Jayashree Mitra of Zuber Lawler.
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IP Protection Still Elusive For Data Compilations In US And EU
As businesses continue to increase investment into artificial intelligence systems, questions arise as to whether they can own or legally protect data compiled by those systems. Currently, in the U.S. and EU, obtaining copyright protection for databases is difficult and trade secret protection requires policies and procedures to establish rights, say attorneys at Mayer Brown.
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Perspectives
Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?
Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.
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How PTAB Is Applying New Patent Eligibility Guidance
Since the U.S. Patent and Trademark Office released its revised patent eligibility guidance in January, the Patent Trial and Appeal Board has been reversing Section 101 rejections at a higher rate, say Nick Anderson and Braden Katterheinrich of Faegre Baker Daniels.
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Keys To Successful AI Patents In The US And Europe
Unsurprisingly, the World Intellectual Property Organization recently reported that patent filings for artificial intelligence inventions are increasing rapidly. Stakeholders should be mindful of maintaining quality during this filing surge, says Drew Schulte of Haley Guiliano LLP.
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9 Ways To Prepare Your IP Rights For Brexit
Those with a European intellectual property portfolio should be considering how Brexit — scheduled for March 29 — will affect EU trademarks and registered community designs, says Paula Jill Krasny of Levenfeld Pearlstein LLC.
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'Biosimilar V. Biosimilar' Patent Case May Be First Of Many
While the idea of patent disputes between makers of follow-on drugs is nothing new, the complaint recently filed by Coherus against Amgen in Delaware federal court is unique in that it pits one biosimilar developer against another, say attorneys with Goodwin Procter LLP.
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UK Patent Law: Hot Topics Of 2018 And What's Ahead
English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.
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Coordinating Patent Strategies Across PTAB And EPO
The positions, arguments and prior art raised in U.S. post-grant proceedings at the Patent Trial and Appeal Board may influence European Patent Office oppositions involving counterpart cases. Understanding the procedural similarities and differences between the two jurisdictions is key, says Drew Schulte of Haley Guiliano LLP.