Intellectual Property UK

  • March 19, 2024

    Tesco Branding Infringes Lidl TMs, Appeals Court Rules

    Tesco failed Tuesday to persuade an appeals court that its loyalty pricing scheme branding doesn't infringe trademarks for Lidl's logo, even though the justices acknowledged the lower court's decision that customers might be misled by the blue-and-yellow signage could be "surprising."

  • March 18, 2024

    AI Voice Platform Faces UK Litigation Over 'Deepfake' Songs

    The U.K.'s trade association for recorded music has threatened legal proceedings against a deepfake artificial intelligence platform, alleging that the former Voicify's collection of AI voices infringes artists' rights.

  • March 18, 2024

    UPC Shows No Sign Of Dimming UK's IP Role — Yet

    Lawyers and participants seem happy with the Unified Patent Court so far, but it has yet to move the needle on the popularity of the English courts for cross-border IP disputes — particularly after the U.K. Supreme Court set a crucial precedent.

  • March 18, 2024

    Sterlite Says Rival's Fiber-Optic Patent Is 'Mere' Co-Location

    Sterlite Technologies has hit back at Fujikura's claim that it infringed a U.K. patent for a fiber-optic cable, arguing that protection should have never been granted because it was a "mere" co-location of known features.

  • March 18, 2024

    Packaging Patent Gets Amended For 'Lack Of Inventive Step'

    A packaging company has partially succeeded in appealing a decision to uphold a patented method for checking the position of adhesive labels on sheet materials, with European officials finding that aspects of the technique would be "obvious to the skilled person."

  • March 18, 2024

    Pharma Cos Sign €40M Deal To Market Hearing Loss Drug

    Specialty pharma business Norgine BV has secured an exclusive licensing agreement worth €40 million ($43 million) to sell a medication that reduces the risk of hearing loss in young chemotherapy patients, the drug's producer Fennec has announced.

  • March 15, 2024

    Quantum Spinoff Breached Fiduciary Duty In TM Dispute

    Quantum Actuarial LLP has lost an appeal to force its predecessor, Quantum Advisory Ltd., to let it use the "Quantum" name as it branched off the business, after a London court found that the actuarial business was wrongly acting out of self-interest.

  • March 15, 2024

    Biotech Unit Beats Challenge Over Chemical Library Patent

    A unit of a Swiss biotech has won its bid to patent a method for DNA-encoded chemical libraries, after European officials ruled that a challenge to the application lacked substance.

  • March 15, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.

  • March 15, 2024

    Spanish Winery Blocks 'Casa Del Sol' TM Over Similarities

    A Spanish winery has successfully contested a rival registering a trademark for the words "Casa del Sol," after the European Union Intellectual Property Office ruled there is a risk of confusion when compared with its earlier marks.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Coordinating Patent Strategies Across PTAB And EPO

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    The positions, arguments and prior art raised in U.S. post-grant proceedings at the Patent Trial and Appeal Board may influence European Patent Office oppositions involving counterpart cases. Understanding the procedural similarities and differences between the two jurisdictions is key, says Drew Schulte of Haley Guiliano LLP.

  • New EU Patent Guidelines May Affect Companies' AI Strategy

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    As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC​​​​​​​.

  • Intellectual Property Caught In US-China Trade Crossfire

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    Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

  • Patent Eligibility Assessments: US Approach Vs. UK Approach

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    Techniques used to address questions of obviousness in the U.K. may prove useful to practitioners addressing questions of patent eligibility in the U.S., say Christopher Carroll and Charles Larsen of White & Case LLP.

  • Surveying The CRISPR Patent War

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    Following this week’s oral argument at the Federal Circuit in University of California v. Broad Institute, there has been a surge of interest in the long-running CRISPR patent dispute. There are battles raging on multiple fronts, particularly in Europe, with several more on deck in the U.S., and maybe even in China, says Michael Stramiello of Paul Hastings LLP.

  • UK Patent Ruling Sharpens Contrast With US Practice

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    The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

  • IP Considerations For UK Open Banking App Developers

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    Since January of this year, consumer-facing banks in the U.K. have been required to make customers' banking data available to authorized third parties in a standardized format. As competition between open banking app developers increases, intellectual property rights will become a key legal tool, say Rajvinder Jagdev and Peter Damerell of Powell Gilbert LLP.

  • The Case For Early Mediation Or Arbitration In IP Disputes

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    Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.

  • International Arbitration In 2018: A Year Of Rule Revisions

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    Though still in its relative infancy, 2018 is shaping up to be a year of arbitral institution rule updates. Neil Newing and Ryan Cable of Signature Litigation LLP explore some of the more innovative and trending rule changes expected or predicted this year.

  • A Look At Chemical Supplemental Examination Requests

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    If used strategically, supplemental examination at the U.S. Patent and Trademark Office can provide a powerful tool for chemical patent owners to add to their armamentarium of options for Orange Book-listed patents when conducting a due diligence analysis of their patent estate prior to Orange Book listing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Cloud-Based Patent Claims — And How Providers Can Help

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    Cloud customers may be exposed to liability for open source technologies that are buried deep within their providers’ offerings. In-house legal teams and developers need to be aware of the risk of patent litigation and the extent to which cloud providers can help mitigate these risks, says R. Paul Zeineddin of Zeineddin PLLC.

  • Comparing EU And US Standard-Essential Patent Guidance

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    The European Commission's long-awaited guidance on litigating and licensing standard-essential patents clarifies what conduct may insulate an SEP owner from abuse claims under competition law, in sharp contrast to the U.S., where the Federal Trade Commission and U.S. Department of Justice have declined to adopt any views on the subject, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

  • Strategic Considerations In Selecting Emergency Arbitration

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    In recent years, all of the major arbitral institutions have introduced an emergency arbitration procedure, yet studies suggest that parties rarely avail themselves of emergency arbitration and instead turn to local courts in times of crisis. Attorneys with Kirkland & Ellis LLP explore several considerations when determining where to pursue emergency relief.

  • Strategies For Protecting Biotechnology In Brazil And China

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    Brazil and China have taken important steps to become significant contributors to the future success of the bioeconomy. Understanding options for quickly procuring and challenging patents in Brazil and China can be key for companies looking to expand their bioeconomy investments outside the U.S. and Europe, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • How The FTC Has Erred On Innovation Policy Issues

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    Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.

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