Expert Analysis

• Reexamining Negative Limitations After Novartis Patent Ruling

  

  The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.

• UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent

  

  The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.

• Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

  

  The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

• Dutch Merger May Promote Behavioral Remedies Across EU

  

  A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.

• How Will UK Address AI Patent Infringement?

  

  As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.

• Law Commission's 'Data Objects' Proposal Is Far-Reaching

  

  The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.

• UK Rulings Give Chinese Courts Wide Powers In IP Disputes

  

  The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.

• Swatch V. Samsung Offers IP Warning To Platform Operators

  

  The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.

• Opinion

  The USPTO Should Give Ukraine Even More Help

  

  The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.

• International Law May Protect Foreign Investors In Russia

  

  Investment treaties that allow eligible foreign investors to bring claims for compensation by way of international arbitration may offer a better, or the only, avenue to recover losses for assets that have been seized by Russia, say attorneys at Cooley.

• Amazon TM Ruling Proves Important For Global Websites

  

  The U.K. Court of Appeal recently found that Amazon infringed Lifestyle Equities' trademark, and its analysis of whether there was an intention to target particular customers, provides welcome relief for brand owners and lessons on avoiding infringement for the operators of global websites, say Steven James and Hattie Chessher at Brown Rudnick.

• Sheeran Ruling Raises Burden For Copyright Plaintiffs

  

  In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.

• Litigants Eager To Prove The Song Remains The Same

  

  Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.

• ECJ Ruling Strengthens German Patent Owners' Rights

  

  Following the European Court of Justice's recent ruling in Phoenix Contact, it is expected that German courts will issue more preliminary injunctions in patent cases, making Germany, and particularly Munich, an even more attractive venue for patent enforcement, says Sandra Mueller at Squire Patton.

• Taking A Long-Term View On Russia's Patent Landscape

  

  The imposition of sanctions following the invasion of Ukraine has raised questions about the future of patent procurement and enforcement in Russia, but companies should not dismiss their Russian patents prematurely, especially in industries such as energy, agriculture, electronics and cybersecurity, say Soniya Shah and Ming-Tao Yang at Finnegan.