Intellectual Property UK

  • March 04, 2024

    Ocado's Appeal Prompts Questions On UPC Public Access

    The Unified Patent Court is set to decide later in March whether the public should be granted access to court documents in one of its first landmark trials that could decide the future of the burgeoning court's approach to open justice.

  • March 04, 2024

    Food Company Gets Patent For Chocolate-Like Food Product

    A Japanese food manufacturer can patent its chocolate-like product, after European officials ruled that its heat-resistant properties were not a focus of earlier inventions, making the ingredient mixture new enough to merit protection.

  • March 04, 2024

    Reckitt Gets Patent For New Dyed Detergent On Appeal

    Reckitt Benckiser can patent a new automatic dishwashing product after European officials ruled that earlier inventors could only have made it by "using hindsight," despite opposition from a major rival.

  • March 01, 2024

    AI Art Tool Doesn't Infringe Getty IP, Stability Says

    The British company tied to popular artificial intelligence art platform Stable Diffusion has denied claims that it developed or used the software in any way that infringes Getty Images' intellectual property, marking a new chapter in the premier U.K. copyright claim over generative AI.

  • March 01, 2024

    TikTok Can't Shut Down Rival App TM Despite Identical Biz

    TikTok failed to stop the maker of the recently shuttered Tiki app from registering a trademark over its name, after U.K. intellectual property officials ruled that consumers wouldn't mix them up despite covering "self-evidently identical" goods.

  • March 01, 2024

    Wright Blames Enemies For Forged Email In Satoshi Trial

    Craig Wright hit back on Friday at accusations that he forged an email amid a trial over his claims that he is the inventor of bitcoin, telling a London court that an enemy could have doctored the message to sabotage his case.

  • March 01, 2024

    5 Questions For Mishcon De Reya's Campbell Forsyth

    When the British army mobilized Campbell Forsyth full-time shortly after 9/11, his comrades could hardly have predicted that he would become a deputy High Court judge less than two decades later. Here, he gives Law360 a window into his life as a judge and reflects on his journey into patent litigation.

  • March 01, 2024

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

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • March 01, 2024

    Printing Biz Revives Image Tech Patent Hopes At EPO

    A tech company has won another shot at getting a European patent for its image printing method, persuading an appeals panel that officials should not have blocked the application for a lack of clarity on insignificant aspects of the design.

  • February 29, 2024

    Bioscience Biz Can't Restore Catheter Needle Patent At EPO

    A bioscience company can't revive its European patent over a catheter needle safety device because the design's only new aspect — the plastic material it's made from — isn't inventive, an appeals panel said Thursday.

  • February 29, 2024

    EU SEP Bill Advances But Battle Over Impact Has Just Begun

    The European Parliament has voted overwhelmingly for reforms to the current standard-essential patent system, but experts expect critics to double down their efforts to amend the controversial proposal before it becomes law.

  • February 29, 2024

    Psychologist Beats Speech Therapist In 'Optima' TM Clash

    A psychologist has won his fight to nix a speech therapist's trademark for an "Optima Speech Therapy" logo, with the U.K. Intellectual Property Office concluding that customers would probably confuse the proposed mark with his own Optima brand.

  • February 29, 2024

    'Compton' TM Revived Over Weak NWA Rap Knowledge

    A European court has restored a Swiss company's "Compton" trademark for streetwear, finding that consumers were unlikely to have sufficient knowledge of gangsta rap to link it with the California city that found notoriety through a track by N.W.A.

  • February 29, 2024

    Skechers Out Of The Running With 'Just Step In' TM

    American sneakers giant Skechers has lost its bid for trademark protection over its "Just Step In" branding, with the European intellectual property authority saying the sign was not distinctive because the ordinary consumer would intuitively know it refers to slip-on footwear.

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    IPO Launches Campaign To Fight Risky Fake Cosmetics

    The Intellectual Property Office said Wednesday it wants to crack down on demand for fake beauty and hygiene products with a campaign designed to educate consumers called "Choose Safe Not Fake," following research that buyers were unaware of the health risks they posed.

  • February 28, 2024

    Locksmith Sued For Cutting Copy Of Patented Key

    An Austrian security business has sued a London locksmith for allegedly infringing its patent by cutting copies of a key that used a protected locking design.

  • February 28, 2024

    Puma Can't Claw Back Baking Co.'s Jumping Feline TM

    Puma failed to stop a French baking company from registering a trademark of a bounding feline with the words "Bertrand Puma," after a European court ruled that baking tools were leaps away from the athletic company's products.

  • February 28, 2024

    UK Contributes Second-Largest Number Of Reps To UPC

    The U.K. has pulled out of Europe's unified patent jurisdiction, but that hasn't stopped British practitioners from becoming the second-biggest national contingent authorized to represent clients before Unified Patents Court. Experts have told Law360 that they are betting on English becoming its lingua franca.

  • February 28, 2024

    Microchip Power Efficiency Patent Gets Green Light At EPO

    An electrical components specialist has won a European patent over its microchip power efficiency technology, convincing an appeals panel that examiners did not have good enough reasoning to conclude that the design lacked an inventive step.

  • February 27, 2024

    PTAB Takes Up Challenge To Dyson Hair Dryer Patent

    An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.

  • February 27, 2024

    Construction Biz Loses Challenge To Wall Tech IP Ownership

    A construction company lost its appeal Tuesday in its latest bid to assert intellectual property rights over a wall paneling system, with the judges saying the true owner of the patent is a now-bankrupt executive.

  • February 27, 2024

    Aldi Loses Appeal In M&S Gin Bottle Design Spat

    Aldi lost its appeal Tuesday that challenged a ruling that it copied the design of a line of Marks & Spencer light-up gin bottles after an appeals court rejected its arguments that a grace period should factor into the calculations.

  • February 27, 2024

    Gowling Launches AI Tool To Fight Online Infringement

    Gowling WLG on Tuesday launched an AI-powered service to protect brands against various forms of online infringement, allowing users to request the filing of takedown notices "at the click of a button."

  • February 27, 2024

    Moderna COVID Patent Case To Set Tone For Future Litigation

    A legal battle between rival developers of COVID-19 jabs over the technology underlying the vaccine could set the tone for future litigation, with intellectual property lawyers expecting a pledge made by Moderna at the height of the pandemic to dominate proceedings.

Expert Analysis

  • 6 Ways To Guide Applications Under New Patent Classification

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    Intellectual property practitioners can navigate the recently implemented Cooperative Patent Classification system to direct applications to specific prior art units within the U.S. Patent and Trademark Office, avoid especially difficult units, and improve clients' portfolios in newly emerging technologies, say Roberta Young and Brian Michaelis at Seyfarth.

  • Mitigating User Content Risk After EU Copyright Directive

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    As the deadline approaches for member states to implement the European Union’s new copyright directive, which will hold certain online content service providers liable for copyright infringement pertaining to user-uploaded content, companies should have risk-mitigation strategies in place, say attorneys at MoFo.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • ITC Seems Unlikely To Stay Investigations For Parallel IPRs

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    The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

  • A Framework For Evaluating Willingness Of FRAND Licensees

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    As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

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    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • Examining EPO's Strict Approach To AI Patent Disclosure

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    Because a recent decision by the European Patent Office Boards of Appeal takes a potentially problematic strict approach to disclosure requirements for machine learning-related patent applications, U.S. applicants filing in the EU should disclose several specific data training sets, says Ronny Amirsehhi at Clifford Chance.

  • ITC Dispute May Lead To PTAB Litigation Strategy Shifts

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    A pending motion to stay the dispute between AutoStore and Ocado at the U.S. International Trade Commission highlights competing timelines of the ITC and Patent Trial and Appeal Board, and has the potential to reshape the typical forum selection strategies for patentees and defense tactics for challengers, say attorneys at Reichman Jorgensen.

  • Opinion

    US Courts Should Adjudicate FRAND Rates On A Global Basis

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    Following the U.K. Supreme Court's recent Unwired Planet v. Huawei decision, U.S. courts should analyze compliance with contracts on fair, reasonable and nondiscriminatory terms by assessing them on a worldwide basis, because global licenses are the only technically and financially sound way to license standard-essential patents, say attorneys at McKool Smith.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • UK Ruling Shows Global SEP Enforcement Dilemma

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    The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.

  • Time To Reassess Your Patent Cooperation Treaty Strategy

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    In light of the trends outlined in the World Intellectual Property Organization's recent annual Patent Cooperation Treaty review, applicants should make decisions on which international search authority to use based on immediate cost, total cost and quality, says Karam Saab at Kilpatrick.

  • German FRAND Decision May Shape Global SEP Landscape

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    The German high court's recent decision that patent owner Sisvel didn't breach its fair, reasonable and nondiscriminatory patent licensing obligations by refusing to grant Haier a license represents a shift in the standard-essential patent landscape in favor of SEP holders' enforcement freedom, say Erik Puknys and Michelle Rice at Finnegan.

  • Sustainable Food Progress May Close Global Regulatory Gap

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    As the need for sustainable food production grows, the European sector will likely align with less stringent U.S. regulatory standards, which will further enable U.S. companies to expand globally and lead to more sophisticated intellectual property strategies in all regions, say Jane Hollywood and Fiona Carter at CMS Legal.

  • Cos. Should Assess IP, Contractual Protections For Their AI

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    Companies should understand the three types of intellectual property protection for safeguarding proprietary artificial intelligence — which is crucial to fighting the pandemic — as well as tools for creating protections when statutory means fall short, say Lori Bennett at Aetion and attorneys at Mayer Brown.

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