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Intellectual Property UK
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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.
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March 12, 2024
Ericsson Fights To Fend Off Lenovo FRAND Battle In UK
Ericsson asked a London court on Tuesday to reject Lenovo's request for fair rates for the use of each other's patents to be set in the U.K., arguing that the Chinese tech giant was forum shopping to disturb ongoing proceedings in the U.S.
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March 12, 2024
Volvo Hits The Brakes On Polish Car Co.'s 'Vosco' TM
Volvo has persuaded European intellectual property officials to reject a bid by a Polish car manufacturer to get trademark protection for "Vosco Automotive" because it would exploit the Swedish auto giant's renown.
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March 12, 2024
'Clearer Than Ever' That Wright Is Not Satoshi, Developers Say
Lawyers for developers seeking to prove that Craig Wright is not the pseudonymous inventor of bitcoin told the High Court that it is "clearer than ever" that the Australian computer scientist is not Satoshi Nakamoto in closing arguments on Tuesday.
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March 12, 2024
Tequila Regulator Wins Appeal Over 'Genquila' Wine TM
The industry regulator for tequila has convinced European officials to nix a trademark for "Dutch Genquila" that had been granted for wine products, after demonstrating that buyers would still think of the Mexican spirits.
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March 12, 2024
Motorbike Apparel Biz Sues Retailers For Design Infringement
A motorcycle clothing company has sued several retailers for £50,000 ($63,800) in a London court for allegedly infringing its design rights over multiple protective apparel styles.
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March 12, 2024
Motorola Keeps Dual-Screen Phone Patent Hopes Alive
Motorola has persuaded U.K. patent officials to move forward with its dual-screen smartphone patent bid after proving that the design does not breach patentability rules blocking protections over computer programs.
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March 11, 2024
Woodsford Affiliate Prevails In Fee Feud With SF Firm
An affiliate of British litigation funder Woodsford has secured a $1.8 million arbital award and $1.2 million in interest from a San Francisco law firm following the 2019 settlement of a lawsuit against Google, a Delaware federal judge confirmed Monday.
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March 11, 2024
Nuvei Unit Sues Pay Group Over Failed Domain Name Deal
A Nuvei Group subsidiary has sued several payments companies and their bosses for allegedly failing to use the company's payments technology, despite signing a deal promising to do so in return for a website domain.
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March 11, 2024
EasyGroup Fights Tefal's Bid To Revoke Its 'Easy' TMs
EasyGroup has hit back at Tefal's claim that its trademarks are invalid and therefore cannot be infringed in an ongoing battle over the French cookware maker's "Easy Fry" air fryers.
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March 11, 2024
Bacardi Loses EU Appeal Over Bartending App Name TM
European officials have rejected a bid by Bacardi to register "Freepour," the name of an app for bartenders, after finding that a French telecommunications giant had already cornered the market for the word "Free."
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March 11, 2024
A Timeline Of The Unified Patent Court
After a decade of setbacks and uncertainty, the "pie in the sky" goal of creating a centralized European patent court is now a reality. Law360 looks back here over the critical chapters in the story of the Unified Patent Court.
Expert Analysis
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Safe Haven For Sellers Of Trademarked Keywords?
Trademark owners are not happy that companies such as Google can sell their trademarks to trigger competitors’ advertisements and they have fought court battles, both in the U.S. and abroad, to stop such practices. A recent opinion issued by the European Court of Justice’s Advocate General may help shed some light on the future direction of similar cases in the U.S., say Rami S. Yanni of Greenberg Glusker Fields Claman & Machtinger LLP and Jerod Partin of Litt Branch LLC.
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The European Model Of Customs Detention
It is perhaps surprising that rights holders in various sectors are not making greater use of European Union customs detention, especially in relation to potentially dangerous counterfeits, as well as where technical standards make patent enforcement relatively easy, says Jeremy Morton of Fasken Martineau.
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Germany: Forum Of Choice For Patent Litigation?
Used properly, German patent litigation can provide an efficient and effective counterpunch to pending U.S. patent litigation, says Alexander Harguth of Fish & Richardson PC.
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Ariad V. Eli Lilly And Written Description Requirement
Although it will be several months before the Federal Circuit’s en banc decision in Ariad Pharmaceuticals Inc. v. Eli Lilly, some practical considerations can be extracted from the case that should be applied today to increase your chances of surviving any lack of written description attack in the future, say David L. De Bruin and Angela J. Kujak of Michael Best & Friedrich LLP.
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Reconsidering Re-Examination — 10 Years Of Data
Recent changes in U.S. law, new commitments from the U.S. Patent and Trademark Office, and a growing amount of statistical data suggest that a viable system of patent re-examination is emerging. Under this system, an administrative challenge to a questionable patent may be an effective defense strategy — even after federal court litigation has commenced, says Thomas J. Engellenner of Nutter McClennen & Fish LLP.
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Patent Reform And The Future Of Pharma Patents
The patent reform act would create a post-grant review proceeding and an “enhanced” inter partes re-examination proceeding. Both are viewed by proponents as vehicles for weeding out “bad” patents. But are these new weapons likely to be used primarily against pharma patents? ask Herbert D. Hart III of McAndrews Held & Malloy Ltd. and Malaika Durham Tyson, Ph.D.
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Analyzing The EC's Drug Sector Inquiry Report
Disappointingly, the European Commission's final report on its inquiry into the pharmaceutical sector does not offer detailed guidance on the circumstances in which EC competition law may limit the ability of pharmaceutical companies to exercise their patent rights and when conduct before the regulatory authorities may be considered unlawful, say Suzanne Rab, Jean-Michel Coumes and David Cardwell of Hogan & Hartson LLP.
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The Risks Of Online Auctions, Counterfeit Goods
Considering recent lawsuits against eBay, failure to have a take-down program, or failure to respond appropriately to take-down notifications, will strengthen a manufacturer’s argument that the operator knowingly allowed the sale of infringing items or willfully turned a blind eye to the infringement, say Benjamin R. Mulcahy and Lauren Grubb of Sheppard Mullin Richter & Hampton LLP.
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New Roads To Patent Allowance
In light of backlogs and a significant decrease in allowance rates, the U.S. Patent and Trademark Office has implemented several programs aimed to speed up prosecution while improving patent quality. Two new programs in particular represent a real shift in USPTO policy, say Jonathan W. Dudas, Stephen B. Maebius and Shine S. Tu of Foley & Lardner LLP.
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Chinese Patent Litigation: Tips For US Companies
The old saying is “when in Rome do as the Romans do.” Likewise, when U.S. companies conduct business in China, they must follow Chinese culture and rules. The changing landscape in China’s patent litigation can benefit both Chinese and U.S. companies. To capitalize on potential opportunities, U.S. companies must be prepared! says Lei Mei of Mei & Mark LLP.
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Prioritizing Patents For Stem Cell Inventions
Even if the funding limitations are removed or lessened, the opportunities afforded by stem cell research may still not be fully realized if industries and research institutions participating in stem cell research cannot receive patent protection for their innovations, say Tina S. Patel and Jordan J. Altman of Shearman & Sterling LLP.
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Food Fight At The World IP Congress
Recently, at the 41st World Congress of the Association Internationale pour la Protection de la Propriété Intellectuelle, mock trials of a single patent case — pitting pancakes against hamburgers — were held using the rules of five countries. The differing results drive home the message that selecting the right forum is critical, says Alan D. Smith of Fish & Richardson PC.
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On-The-Job Harmonization Of European Patent Law
There is a growing tendency among patent judges to refer to and adopt principles of European patent law in their judgments. This gradual harmonization has increased considerably the significance of the European Patent Convention, European Patent Office rules and EPO decisions within national patent litigation, say Rutger Kleemans and András Kupecz of Freshfields Bruckhaus Deringer LLP.
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Patently Obvious? Getting Protective Over Software
Although the U.K. High Court's ruling in Astron Clinica does not open the gate to a U.S.-style approach to the patentability of software, it is a step toward resolving inconsistent approaches across Europe, says Richard Taylor of DLA Piper.
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Rule Changes Challenge Patent Law Practitioners
The plethora of changes and proposals surrounding patent prosecution may result in renewed sensitivity to efficiency and economy in prosecution practices and translate into gains for clients and for patent offices, says Jane Gunnison of Ropes & Gray LLP.