Expert Analysis

• Should Patent Disputes Be Filed In The ITC Or UPC?

  

  When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.

• Prospects And Challenges For Expert Evidence At The UPC

  

  Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.

• Strategies For Litigating In The Unified Patent Court

  

  Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.

• Incorporating UKIPO Guidance Into AI Patent Strategies

  

  Updated guidance from the U.K. Intellectual Property Office sheds light on how it assesses patents for artificial intelligence inventions and highlights approaches that improve applicants' options for demonstrating that AI provides a technical contribution, say lawyers at Finnegan.

• Clarity On Knotty Patent Jurisdiction Questions From CJEU

  

  The recent ruling from the Court of Justice of the European Union in BSH v. Electrolux sheds light on how the jurisdiction of the Unified Patent Court competes with that of the EU member state courts over infringement and validity actions, and could extend international jurisdiction of the EU courts in several ways, say lawyers at August Debouzy.

• Opinion

  UK Court Of Appeal's FRAND Ruling Is Troubling

  

  The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.

• What Businesses Need To Know About EU Design Law Reform

  

  Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.

• What Latest VC Model Document Revisions Offer UK Investors

  

  Recent updates to the British Private Equity and Venture Capital Association model documents, reflecting prevailing U.K. market practice on early-stage equity financing terms and increasing focus on compliance issues, provide needed protection for investors in relation to the growth in global foreign direct investment regimes, say lawyers at Davis Polk.

• Protecting Brand Identity In An AI-Driven Marketplace

  

  A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

• Opt-Out Strategy Considerations After Ruling In UPC Appeal

  

  The Court of Appeal of the Unified Patent Court in AIM Sport Development v. Supponor recently clarified the circumstances under which a withdrawal of an opt-out from UPC jurisdiction is possible, bringing new strategic considerations for both patentees and potential defendants, say lawyers at Finnegan.

• Opinion

  EU's AI Code Of Practice Creates Risk Of Regulatory Clashes

  

  The second draft of the European Commission's Artificial Intelligence Code of Practice significantly expands beyond the European Union's existing legal framework for AI — especially around copyright protection, public transparency and reporting obligations — and risks interfering with other EU laws by introducing requirements contrary to existing regulations, say lawyers at MoFo.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

• Key Points From Gov't Consultation On Copyright And AI

  

  The U.K. government’s current consultation on mitigating artificial intelligence input and output risks to copyright holders seeks to facilitate copyright holders in bringing actions against AI developers that make unauthorized use of protected works and mandate consistent labeling of AI-generated content, say lawyers at Deloitte.

• What 2025 Holds For UK, EU Restructuring And Insolvency

  

  European Union and U.K. restructuring developments in 2024, with a new era of director accountability, the use of cramdown tools and the emergence of aggressive liability management exercises, mean greater consideration of creditors' interests and earlier engagement in restructuring discussions can be expected this year, says Inga West at Ashurst.

• What To Know As EU Urges Outbound Investment Reviews

  

  A recent European Commission recommendation urges European Union member states to review outbound investments in certain critical technologies sectors, but does not clarify the next steps for states once information on relevant transactions in third countries is received, say lawyers at Cleary.