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Intellectual Property UK
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July 01, 2024
Huawei Told 5G Patent Obvious Based On 4G Predecessor
Huawei cannot get a patent over its data management system applicable to 5G networks because it was obvious based on earlier tech for 4G networks, an appeals panel has ruled.
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June 28, 2024
War In Ukraine Driving 'National Security' Patents, Study Finds
The government classified the highest number of patents as critical to the U.K.'s national security in the past four years in 2022, as Russia's invasion of Ukraine drives investment in military technology, according to research from Mathys and Squire.
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June 28, 2024
No Judge Race Bias In £30M Fox Williams Negligence Case
A London court has rejected a Black television producer's allegations that a judge racially discriminated against him when tossing out his case that Fox Williams LLP botched his £30 million ($38 million) game show copyright claim.
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June 28, 2024
Dexcom Wins Bid To Nix Abbott Patent For Glucose Monitor
A London judge nixed an Abbott patent for its flagship glucose monitoring device on Friday, ruling that a previous patent application revealed its key idea of an integrated device and ways of implementing it.
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June 28, 2024
Shein, Temu Ordered To Turn Over Info For EU Probe
The European Union's executive arm said Friday it has ordered Temu and Shein to provide it with information relating to its new EU online content rules, following complaints from consumer organizations and its own investigations.
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July 05, 2024
EIP Hires Patent Litigator From Hogan Lovells In Germany
Intellectual property boutique EIP has recruited a specialist in patent litigation from Hogan Lovells in Germany in a move to boost its disputes capabilities in relation to different fields of technology.
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June 28, 2024
Nike Can't Nix Inverted Black Tick EU TM
Nike failed to block the registration of a trademark that resembles a hook or shark's head, after European officials ruled that it didn't look like the sportswear giant's iconic swoosh logo, even when examined upside down.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 27, 2024
EU High Court Upends Servier Decrease Of Pay-For-Delay Fine
French pharmaceutical giant Servier is back on the hook for all but €2.4 million ($2.57 million) of a more than €300 million European Union antitrust fine after the European Court of Justice upended a lower court decision that had reduced the penalty by over €100 million.
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June 27, 2024
NFT Game CEO Accuses Collaborator Of Keeping Biz Info
The CEO of an NFT-winning online game has accused his former collaborator of refusing to hand over confidential information belonging to his gaming company after the pair's professional relationship broke down.
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June 27, 2024
Temu Says Ads Did Not Mislead Shoppers In Dr. Martens Suit
Chinese fast-fashion giant Temu has denied claims that it promoted copycat Dr. Martens on sponsored Google search results, arguing that consumers would be unlikely to confuse boots sold on its platform for the famous British boots.
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June 27, 2024
EasyGroup Can't Claim TM It Isn't Using, Van Rental Biz Says
Car and van rental firm Easihire has hit back in London court at easyGroup's claims of trademark infringement, arguing that the low-cost giant should lose the "easyHire" mark it relied on because it hadn't even used it.
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June 27, 2024
UPC Adds 8 Science And Technology Specialist Judges
The European Union's Unified Patent Court has appointed a host of new judges, each with expertise in the fields of science and technology, as it grows in its second year in operation.
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June 27, 2024
DXC Wins TM Battle Against German Firm
American information technology DXC can now register its trademark after U.K. intellectual property officials ruled against a German investment firm's claim that the name was too similar to its own and would confuse customers.
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July 04, 2024
Foot Anstey's IP Leaders Exit To Launch Boutique
The former heads of Foot Anstey LLP's intellectual property team have set up their own shop with the help of Excello Law, launching a full-service IP boutique based in Manchester and London in response to a changing legal landscape.
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June 27, 2024
Hague Cracks Down On Copycat LVMH Vodka Brand
A Dutch court has ordered a Milan-based drinks importer to hand over and destroy all its counterfeits of a Moët Hennessy-owned Polish vodka brand, but ruled that the bottles did not infringe the vodka maker's copyright.
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June 26, 2024
Unified Patent Court Cuts Ribbon On Milan Central Division
The Unified Patent Court is set to open the doors of its specialized life sciences division in Milan, what experts predict will be the very busy third location in the year-old patent system with exclusive jurisdiction over patent revocation actions.
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June 26, 2024
US Leads Charge As $7T Poured Into Intangible Assets In 2023
Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.
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June 26, 2024
Aldi Wins Bid To Crush Spanish Biscuit Co.'s 'Choquer' EU TM
A Spanish biscuit maker failed to revive its invalidated trademark for "Choquer," after European officials ruled that an Aldi company's earlier "Choceur" mark had already cornered the pastry market.
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June 26, 2024
Volvo Gets Green Light For Headlight TM
A European court handed Volvo a win Wednesday after ruling that earlier judges wrongly rejected its mark for a headlight shaped like Thor's hammer, deeming it an unusual shape for the car market.
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June 26, 2024
Chinese Co. Loses Bid For European Power Supply Patent
The European Patent Office has refused to hand a Chinese electronics maker patent protection for a power supply system, after an appellate board found that experts in the industry could deduce the technical process through older inventions.
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June 25, 2024
Ashurst Latest Law Firm To Partner With AI Co. Harvey
London-headquartered international law firm Ashurst plans to provide all its 4,000 attorneys and staff with access to the legal artificial intelligence platform Harvey, the firm said Tuesday, making it one of the latest firms to partner with the company.
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June 25, 2024
Huawei Scores Victory In Fingerprint Tech Patent Fight
Huawei has won its bid to nix a rival's patent for fingerprint-detecting technology, after European officials ruled that the WaveTouch invention didn't include enough details to be replicated.
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June 25, 2024
O2 Proves 'Elando' EU TM Too Similar To Its 'Can Do' Sign
O2 has blocked a tech company from extending its "Elando" trademark protections to the European Union, convincing officials that the sign could cause confusion with its own "Can Do" sign.
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June 25, 2024
Mars' 'Kitekat' Is Top Dog In Cat Food Trademark Battle
Mars has won its bid to cancel a rival's trademark for "Kit Cat," after European officials ruled that consumers shopping for the food giant's "Kitekat" pet products might believe the two were linked.
Expert Analysis
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Examining US And Europe Patent Disclosure For AI Inventions
As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.
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Incontinence Drug Ruling Offers Key Patent Drafting Lessons
In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.
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EPO Decision Significantly Relaxes Patent Priority Approach
In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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What's In The Plan To Boost Germany's Commercial Litigation
Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.
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Bitcoin Case Highlights Advanced Age Of UK's IP Law
An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.
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Future Paths For AI Inventorship After Justices' Thaler Denial
Anup Iyer at Moore & Van Allen examines the current and future state of AI inventorship in the wake of the U.S. Supreme Court's decision not to hear Thaler v. Vidal, including collaboration, international challenges, and the need for closer examination in research and development-intensive sectors.
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EU Ruling Highlights Strategic Benefits Of Patent Appeals
The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.
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5 Takeaways For Litigants From Early EU Patent Court Ruling
One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.
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Copyright Cheat Sheet: Finding Substantially Similar Songs
Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.
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Barbie Deals Should Remind Brands Of IP Licensing Benefits
Mattel Inc.'s recent licensing of the Barbie trademark — one of the biggest licensing campaigns of recent history — illustrates that, as long as risks are managed properly, intellectual property licensing can form part of the overall business strategy and benefit both parties, say Maria Peyman and Anousha Vasantha at Birketts.
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Lessons On Cricket Patent History And IP Protection At UPC
On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.