Intellectual Property UK

  • March 25, 2024

    Slushie Maker Hits Back At Britvic Over Ice Blast TM

    A slushie machine business has hit back at Britvic over the soft drink giant's allegations that it has copied the "Tango Ice Blast" branding on its frozen drink dispensers.

  • March 25, 2024

    Schuh, Simmi Want To Give Naked Wolfe Designs The Boot

    Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.

  • March 25, 2024

    Virgin Seeks Full $200M In Train Brand Feud After $115M Win

    Virgin Enterprises Ltd. has sued Brightline Holdings LLC for the full $200 million exit fee for backing out of its train brand licensing deal after already winning $115 million, arguing in documents made public on Monday that it's owed a boosted exit fee because of a change in control of the U.S. rail operator.

  • March 22, 2024

    Financial Analyst Org. Prevails In Clash Over 'CEFA' TM

    The European Federation of Financial Analysts Societies won its latest bid to register a trademark for "CEFA Certified European Financial Analyst" after a European court ruled that earlier examiners didn't consider key evidence.

  • March 22, 2024

    US Manufacturer Partially Wins Appeal For 'Presto-Tap' TM

    Engineered Controls International LLC can register the trademark "Presto-Tap" over most of the services it had applied for, the U.K.'s Intellectual Property Office has concluded, ruling that a French company's "Presto" sign was stamped on very different products.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 22, 2024

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

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 22, 2024

    Osborne Clarke's Arty Rajendra On The Future Of FRAND

    Arty Rajendra of Osborne Clarke LLP was instrumental in securing a win in one of the most influential patent cases in recent memory — the U.K. Supreme Court ruling that English courts can set global licensing rates for patents deemed essential to European telecoms standards.

  • March 22, 2024

    Nokia Unit Doubles Down On Amazon IP Infringement Claim

    A Nokia subsidiary has reaffirmed its claim that Amazon infringed its patents with a "household sharing" feature on its Prime Video service, telling a London court that the company is not entitled to a license over its patent portfolio.

  • March 21, 2024

    Plant-Based Meat Biz Cooks Rival In 'Meat Zero' EU TM Feud

    A Thai food company has fought off a rival's challenge to its "Meat Zero" trademark bid, with a European Union appeals panel saying in a newly public decision that there is not enough chance of confusion with a competitor's "ZeroMeat" sign.

  • March 21, 2024

    Banksy Co. Calls Instagram Post True In £1.3M Libel Case

    The company that manages anonymous street artist Banksy has defended a £1.35 million ($1.7 million) claim that he posted a defamatory Instagram post about a licensing company using his artwork on clothing without his permission, saying it was substantially true.

  • March 21, 2024

    Famed Retailer's 1930s TM Can't Stop Modern Registration

    A Slovak clothing brand has fended off attacks from the grandchildren of a famed Czechoslovakian retailer from the 1930s after a European court ruled that past prestige could not prevent the name Nehera from being registered seven decades later.

  • March 21, 2024

    Lenovo Can't Get Interim FRAND Rate For InterDigital SEPs

    Lenovo on Thursday failed to convince a London court to rule that an interim license for a suite of InterDigital telecommunications patents was fair, reasonable and non-discriminatory in the latest chapter in the two companies' global dispute over standard-essential patents.

  • March 21, 2024

    Skechers Loses 'Hands Free Fit' TM Due To Descriptive Nature

    American sneaker giant Skechers has lost a second bid for trademark protection over its "hands free fit" shoes, with the European patent authority ruling that the brand's logo is merely a description of, or an advertisement for, a feature of the product and therefore not distinguishable.

  • March 20, 2024

    Spanish Investment Co. Beats Slovak TM Opposition In EU

    A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.

  • March 20, 2024

    Digital Comms Filings Bolster Record EPO Applications

    Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Boehringer Wins Diabetes Treatment Patent On Appeal In EU

    Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.

  • March 20, 2024

    EU's AI Act Disclosure Rules Could Spark Further Litigation

    The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.

  • March 20, 2024

    Wise Hits Back At Bad Faith TM Allegations From Tech Rival

    Payments firm Wise has hit back at a counterclaim from software company WithWise, urging the High Court to reject WithWise's claim that Wise's trademark is invalid because it is overbroad and being used as a legal weapon.

  • March 20, 2024

    Google Fined €250M By France For Media Copyright Breaches

    France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or payment.

  • March 19, 2024

    Crowell & Moring Hires Allen & Overy IP Litigator In Brussels

    Crowell & Moring LLP has added a new partner to its Brussels office, strengthening its European intellectual property practice as clients increasingly seek advice to navigate rapidly changing liability regulations.

  • March 19, 2024

    Insurance Tech Biz Can't Get Policy Tracker Patent In UK

    An insurance tech firm can't get a patent over its automated policy tracker software in the U.K. because computer programs and business methods are not patentable, intellectual property officials said Tuesday.

  • March 19, 2024

    New UK Gov't Program Will Promote IP-Backed Lending

    The U.K. government said Tuesday it will launch a program to drive banks toward more lending to businesses with intellectual property that can use their patents and trademarks as collateral.

  • March 19, 2024

    Danish Medical Tech Biz Can't Dash Rival's Catheter Patent

    A medical device company can keep an amended version of its catheter insertion patent after fending off Coloplast AS' claims that the device is not inventive, a European Patent Office appeals panel has ruled.

Expert Analysis

  • A Successful Follow-On Inter Partes Review Petition

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    The Patent Trial and Appeal Board's recent decision in World Bottling Cap shows that a second petition for inter partes review will be considered by the PTAB when the facts and additional prior art warrant, says Ted Baroody of Carstens & Cahoon LLP.

  • Get Ready For EU Unified Patent Court And Unitary Patent

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    Big change is coming to European patent litigation — as early as January 2017, a new single Unified Patent Court will commence operation. The time for U.S. companies with European patents to start planning and preparing is now, say Ron Lopez and Jennifer Hayes of Nixon Peabody LLP.

  • Effective IP Enforcement Is Taking Shape In China

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    As the Chinese economy grows and becomes more intertwined with other world economies, non-Chinese intellectual property rights holders in the energy sector must understand new enforcement mechanisms under the National Intellectual Property Rights Strategy Action Plan to maintain a competitive IP strategy, say Brad Chin and Kevin Tamm of Bracewell & Giuliani LLP.

  • Privacy, Security, Risk: What You Missed At IAPP Conference

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    A few weeks ago, privacy and security professionals from around the globe gathered for the second joint conference between the International Association of Privacy Professionals and the Cloud Security Alliance Congress. Aravind Swaminathan, Antony Kim and Emily Tabatabai of Orrick Herrington & Sutcliffe LLP offer seven key takeaways.

  • Approach To '2nd Medical Use' Claims Varies Across EU

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    A number of recent court decisions have highlighted important gaps and a lack of consensus between key EU member states on the law regarding infringement of second medical use patents. The rulings also demonstrate how differences in the drug dispensing and reimbursement systems between different EU countries can influence the nature of the relief available, say attorneys with Jones Day.

  • 5 Ways University Students, Faculty Risk Forfeiting IP Rights

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    Although academic institutions recognize the value of translating research into patents, licenses and commercial products, there remains a strong scholastic motivation for faculty and students to publish their research findings in journals and at academic conferences to advance their reputation and career. As a result, intellectual property is often an afterthought, say attorneys with Meunier Carlin & Curfman LLC.

  • EPO Set To Clarify Priority And Divisional Application Problem

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    In a recent decision, one European Patent Office Board of Appeal finally decided that the question of the possibility of poisonous priority and divisional applications should be settled once and for all. The Enlarged Board of Appeal may simply do away with poisonous applications or possibly formulate detailed criteria for the assessment of partial priority, say attorneys with CH KILGER Anwaltspartnerschaft mbB.

  • EU High Court Sets Important SEP Precedent

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    The EU high court's recent ruling in Huawei Technologies Co. Ltd. v. ZTE Corp. provided a significant amount of guidance on standard-essential patents, injunctions and abuse of dominance but addresses only some of the legal questions that SEP holders and alleged infringers face in these situations, and even the questions addressed are in part expressed in very broad terms inviting different interpretations, say Axel Gutermuth and Christopher Stothers of Arnold & Porter LLP.

  • Procuring Personalized Medicine Patents In US Vs. Europe

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    In the United States, many patent claims related to personalized medicine are being challenged based on patentable subject matter, whereas in Europe, most claims are questioned based on novelty and inventive step, says Gabriela Coman of Dickstein Shapiro LLP.

  • Rival Global Views On Patent Disclosures

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    When it comes to patent disclosure requirements, terminology varies widely across the world. But the major national patent players seem to break down into two chief opposing views on just how much support patent claims and amendments require in originally filed applications, says Stephen Keefe of Rabin & Berdo PC.

  • Use Strategic Continuation Practice To Monetize IP

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    Continuation patent applications provide a useful mechanism to raise the overall quality of patents within a given portfolio, says Michael Moore, intellectual property and deputy general counsel at Rambus Inc.

  • Using Patents To Curtail Climate Change: A Proposal

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    Last fall, 74 countries and more than 1,000 businesses signed a declaration calling on all nations to price carbon dioxide and other greenhouse gases, yet the prospects of meaningful government action are dim. We see a possible solution in our patent system — impose a flexible license fee tied to greenhouse gas emissions, say attorneys with Klarquist Sparkman LLP, Green Patent Law, Robins Kaplan LLP, Burns & Levinson LLP and Susman Godfrey LLP.

  • 22 Ways Congress Can Save Section 101

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    As delightful as the post-Alice patent-invalidating trend may be to patent defendants, it has created enormous consequences for companies that rely on patent protection to protect crucial technology assets, including the loss of business contracts, disrupted partnerships and increased difficulty in obtaining venture funding. It is time for Congress to act, says Robert Sachs of Fenwick & West LLP.

  • Top 5 IPR Discovery Tips For Patent Owners

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    Recent Patent Trial and Appeal Board orders shed some light on how parties can use the inter partes review discovery periods to their best advantage, says Carly Levin of Venable LLP.

  • What To Know About Extending Patent Term In Southeast Asia

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    For pharmaceutical products, the most general form of extended patent protection available in Southeast Asia is currently data exclusivity, says James Kinnaird of Marks & Clerk.

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