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Intellectual Property UK
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December 19, 2024
Lighter-Maker Burns Rival For Copying 'Clipper' Logo
Lighter manufacturer Flamagas has sued a wholesaler for stealing its Clipper trademark and logo without its consent for the marketing and selling of electric lighters in the UK.
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December 19, 2024
Belkin Hit With Coercive Fine At UPC For Delayed Philips Info
Dutch electronics company Philips has persuaded the Unified Patent Court to impose a €46,000 ($48,000) coercive penalty on Belkin, as it proved that its American rival has taken too long to come clean on how far it infringed a major wireless charging patent.
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December 18, 2024
AmEx Beats Spanish Software Co.'s Costs Bid In IP Battle
American Express convinced a London judge on Wednesday that it shouldn't have to cover the litigation costs of a Spanish technology startup that ultimately dropped its claims that the credit card giant copied software that searched for cheaper flights.
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December 18, 2024
Huawei Fights To Toss MediaTek's UK Chip Patent Claim
Chinese tech company Huawei asked the High Court on Wednesday to toss out patent infringement claims brought by Taiwanese rival MediaTek, arguing that the English courts are not the right place to hear the dispute and that the issues should be decided in China.
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December 18, 2024
Novartis Beats EPO Challenge To Eye-Drop Medication Patent
Novartis has fended off the challenges of two pharmaceutical rivals to its patent for an eye-drop medication as European officials concluded that the drugmaker's combination of key components differed from an older patent for disinfecting contact lenses.
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December 18, 2024
Creatives Wary Of UK Proposal For AI Training Opt-Out
Representatives of the creative industry have expressed concern about the government's proposals for people in the sector to opt out of having their work used to train AI models, arguing that the onus should be on developers of artificial intelligence to pay holders of the rights.
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December 18, 2024
Group Says Craig Wright In Contempt For £900B Bitcoin Claim
Cryptocurrency developers argued in a London court Wednesday that Australian computer scientist Craig Wright should be found in contempt of court for asserting he had invented bitcoin in an approximately £900 billion ($1.144 trillion) claim after a judge ruled that he had repeatedly lied about creating the digital currency.
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December 17, 2024
UK's IPO Fails To Improve Persistent Pay Gap For Women
U.K. officials revealed on Tuesday that male workers at the Intellectual Property Office made 27% more than their female colleagues in the last year, marking almost no improvement over the past three years.
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December 17, 2024
UK Eases Trademark Rules To Allow Partial Int'l Replacements
The U.K. has tweaked its trademark laws to allow international registrations to partially replace domestic trademarks, boosting flexibility for intellectual property owners.
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December 17, 2024
3M Unit Can't Nix Smith & Nephew's Wound-Healing Patent
A 3M subsidiary lost its bid to block Smith & Nephew's patent for a pump that treats wounds using negative pressure after European officials ruled that its unique features deserved protection, in the latest skirmish between the firms over the technology.
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December 17, 2024
Thatchers Says Aldi Got Unfair Advantage By Copycat Cider
The makers of Thatchers cider urged an appeals court on Tuesday to revive its trademark infringement claim against Aldi, arguing that the supermarket chain had gained an unfair advantage by producing a copycat design of its drink.
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December 17, 2024
Mayer Brown-Led Shell Co. To Buy Music Biz For £97M
Acquisition company Acceler8 Ventures PLC said on Tuesday that it has agreed to buy Verifyyed, a U.S. music transaction platform, for £96.8 million ($122.7 million) in a move to grow the business in a profitable market.
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December 17, 2024
UK Gov't Floats Copyright Exception For AI Training
The government has floated the idea of introducing exceptions for copyright law to train artificial intelligence models for commercial purposes, amid a broader consultation launched Tuesday that will look at the impact of the new technology on the intellectual property system.
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December 16, 2024
EU Urged To Put IP Crime Among Policy Priorities
Fighting intellectual property crime and counterfeiting must be among the key policy priorities for the European Union's crime-busting initiative, a coalition of IP groups has said.
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December 16, 2024
Halozyme Loses Bid To Protect Breast Cancer Drugs
A London judge on Monday rejected Halozyme's bid to protect an active ingredient in two breast cancer drugs with a supplementary protection certificate, after finding that it was actually an inactive substance used to enhance other therapeutic effects.
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December 16, 2024
Gov't Urged To Protect Creative Copyright In AI Policy
A coalition of U.K. creative industry groups launched on Monday and urged the government to prioritize copyright protections as generative artificial intelligence continues to advance, stressing the importance of human-authored material in developing AI.
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December 16, 2024
Chipmaker Arm Settles UPC, US IP Litigation With Rival
The Unified Patent Court has granted two computer chip companies permission to pull out of their litigation in Europe after the pair inked an agreement ending their parallel U.S. feud.
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December 16, 2024
Harvesting Tech Biz Can't Nix Rival's Crop Monitoring Patent
A harvesting technology company has fought off a challenge by a rival to its crop monitoring patent, convincing a European appeals panel that it did not unlawfully extend the patent's scope during examination.
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December 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.
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December 13, 2024
Fresenius Can't Stop Baxter's Effort To Save Dialysis Patent
Baxter has won a shot at rescuing its European patent over a dialysis machine amid Fresenius' opposition, persuading an appeals panel in a ruling published Friday to shelve an earlier decision to revoke the patent.
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December 13, 2024
Microsoft Can't Challenge Damages Ceiling During UPC Fight
Europe's patent court refused Microsoft's bid to reduce the potential amount of damages a Finnish rival can claim in an infringement dispute, ruling that the tech giant couldn't bring an interlocutory appeal.
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December 13, 2024
Materials Orgs Can Fight To Nix Rival's Aluminum Foil Patent
A group of materials companies have won the chance to revoke the patent of a rival over aluminum foil, convincing a European appeals panel that examiners should reassess the patent's validity.
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December 13, 2024
GSK Seeks Second Shot At Pfizer Vaccine Patent Fight
GSK asked a London court on Friday to allow it to challenge a decision to nix two patents protecting its blockbuster vaccine for the respiratory syncytial virus, arguing that a judge made errors when revoking patent protection.
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December 12, 2024
Spanish Law Firm Nixes Rival's 'Lopez-Ibor' TM
The founder of a Spanish law firm has lost his bid to register a trademark for "López-Ibor Abogados" after a European court held that clients would likely confuse it with another firm's earlier mark.
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December 12, 2024
Nestle Can Fight To Save Anti-Obesity Milk Formula Patent
Nestle has won a shot at rescuing its European patent over a milk formula designed to prevent obesity, persuading officials in a ruling released Thursday to overturn a decision to invalidate the patent.
Expert Analysis
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The Path Forward For Blockchain Patents In The UK And EU
The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.
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USPTO's Speed On Some China Patents Bears A Closer Look
While all U.S. Patent and Trademark Office expedited programs are meant to be examined in the same manner, a survey of Patent Prosecution Highway actions indicates some examination processes may favor applications originating in China, says Julie Burke at IP Quality Pro.
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French And UK Patent Litigation Will Likely Influence The UPC
The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.
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AI-Fueled Innovation Poses Patentability Challenges
Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.
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Benefits Of Unified Patent Court Compared To Local Litigation
Recently opened for business, the Unified Patent Court offers a faster, cheaper and more streamlined solution to handle patent disputes compared to EU countries and the U.S., and could become the most important forum for patent litigation in Europe, if not worldwide, say lawyers at McDermott.
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Global Issues In EU's Licensing Plans For Essential Patents
Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.
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EPO Decision Adds To Sparse Case Law On Core AI Patents
The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.
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A Deep Dive Into EU Unified Patent Court Policy
Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.
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AI And Copyright: Tracking The Ownership Issues
The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.
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How Ed Sheeran's Serenade May Have Swayed The Jury
While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.
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An Overlooked Tool To Fight USPTO 'Restriction'
Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.
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Opinion
AI-Generated Works Should Not Have Copyright Protection
The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.
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Examining The New UK Service Guidance For TM Proceedings
A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.
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A Look At M&S' Registered Design Claim Win Against Aldi
Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.
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UK Teva Ruling Brings Patent Remedy Into Question
Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.