Intellectual Property UK

  • 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.

  • 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.

Expert Analysis

  • The Rise Of Patent Wars In Europe's Gene Therapy Space

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    Drug companies can prepare for increasing competition and a rise in contentious patent proceedings in Europe’s gene therapy industry by aligning patents, orphan designations and data exclusivity where possible, say Jane Hollywood and Frances Denney of CMS Legal.

  • Self-Driving Vehicles' Neural Networks Present IP Conundrum

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    While autonomous vehicles' use of artificial intelligence through neural networks is highly innovative, the position of these networks within intellectual property has yet to be cemented, and a debate is ongoing as to whether they are best protected by patent, database rights or copyright, say Rajvinder Jagdev and Lin Liu of Powell Gilbert.

  • Failure To Launch: The Patent Thicket Delay Of US Biosimilars

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    Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.

  • Huawei Case Might Mean UK Forum Sets Global FRAND Rates

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    The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.

  • Must Inventors Be Humans? An Active Debate Over AI Patents

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    With the first international patents naming artificially intelligent algorithms as inventors filed this summer, and with the U.S. Patent and Trademark Office’s query into whether inventorship laws and regulations need revising, the debate over AI is testing the boundaries of patent laws in the U.S. and elsewhere, says Christian Mammen of Womble Bond.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Using Global Dossier To Simplify USPTO Disclosure Duty

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    The U.S. Patent and Trademark Office can make compliance with its duty of disclosure less burdensome by allowing applicants to submit a list of patent families that are believed to have material information and defining electronically available records broadly to include the Global Dossier, whose use the USPTO recently encouraged, says Brian Dorini of InterDigital CE Holdings.

  • The Unique Challenges Of Owning International Cannabis IP

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    Due to the cost of prosecuting patents and the uncertainty in obtaining and enforcing cannabis patents in foreign jurisdictions, building a global cannabis patent portfolio presents complex strategic questions, says Jayashree Mitra of Zuber Lawler.

  • IP Protection Still Elusive For Data Compilations In US And EU

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    As businesses continue to increase investment into artificial intelligence systems, questions arise as to whether they can own or legally protect data compiled by those systems. Currently, in the U.S. and EU, obtaining copyright protection for databases is difficult and trade secret protection requires policies and procedures to establish rights, say attorneys at Mayer Brown.

  • Perspectives

    Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?

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    Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.

  • How PTAB Is Applying New Patent Eligibility Guidance

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    Since the U.S. Patent and Trademark Office released its revised patent eligibility guidance in January, the Patent Trial and Appeal Board has been reversing Section 101 rejections at a higher rate, say Nick Anderson and Braden Katterheinrich of Faegre Baker Daniels.

  • Keys To Successful AI Patents In The US And Europe

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    Unsurprisingly, the World Intellectual Property Organization recently reported that patent filings for artificial intelligence inventions are increasing rapidly. Stakeholders should be mindful of maintaining quality during this filing surge, says Drew Schulte of Haley Guiliano LLP.

  • 9 Ways To Prepare Your IP Rights For Brexit

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    Those with a European intellectual property portfolio should be considering how Brexit — scheduled for March 29 — will affect EU trademarks and registered community designs, says Paula Jill Krasny of Levenfeld Pearlstein LLC.

  • 'Biosimilar V. Biosimilar' Patent Case May Be First Of Many

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    ​While the idea of patent disputes between makers of follow-on drugs is nothing new​, the complaint recently filed by Coherus against Amgen in Delaware federal court is unique in that it pits one biosimilar developer against another, say attorneys with Goodwin Procter LLP.

  • UK Patent Law: Hot Topics Of 2018 And What's Ahead

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    English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.

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