Expert Analysis

• 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.

• Exam Board Ruling Expands Scope Of 'Newcomer Injunctions'

  

  The High Court's recent decision granting AQA Education a digital "newcomer injunction" prevents anonymous internet users from distributing unlawfully obtained exam materials, and extends the scope of such injunctions from issues of trespass to the protection of confidential information, say lawyers at Fieldfisher.

• Considering The Status Of The US Doctrine Of Patent Misuse

  

  A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

• Sky Trademark Ruling Suggests Strategy Tips For Brands

  

  Following the U.K. Supreme Court's SkyKick v. Sky trademark ruling, brand owners should strike a balance between a specification broad enough to meet business requirements but not so broad as to invite unnecessary counterattacks for bad faith, says Josh Charalambous at RPC.

• Keeping Up With Europe's Pregrant Description Amendments

  

  A recent Technical Board of Appeal decision that there is no legal basis in the European Patent Convention for requiring pregrant description amendments has generated legal uncertainty on this issue, and practitioners should consider deleting unclaimed alternatives, say attorneys at Finnegan.