Intellectual Property UK

  • April 05, 2024

    Edwards Gets EPO To Nix Abbott Unit's Heart Valve Patent

    Edwards Lifesciences has persuaded a European Patent Office appeals panel to block an Abbott unit's prosthetic heart valve patent application, after proving that the design was not new.

  • April 05, 2024

    Amazon Cloud Computing Patent Powered Down On Appeal

    Amazon has lost its fight to patent a method of pre-launching cloud computing services, with a European patent authority appeals board concluding that the invention did not take an inventive step beyond existing technology.

  • April 05, 2024

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

    This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.

  • April 05, 2024

    Counterfeiters Flourish In Wake Of COVID, IP Body Says

    The COVID-19 pandemic resulted in a global uptick in the trade of counterfeit goods, beginning with fake healthcare products but spreading to other areas of trade as virtually all shopping moved online, a new report found Friday.

  • April 05, 2024

    3 Questions For Mishcon's David Rose And Jeremy Hertzog

    Clients look for many skills in intellectual property lawyers, but scientific expertise is not necessarily one of them, according to David Rose of Mishcon de Reya. Here, Rose and his colleague Jeremy Hertzog talk IP with Law360.

  • April 04, 2024

    Getty Says Stability AI Plays 'Active Role' In Making AI Images

    Stock images giant Getty Images has clapped back at the makers of the popular Stable Diffusion software in the companies' U.K. copyright dispute, saying Stability AI cannot claim that any potentially infringing image the generative AI model creates is due to the user's input alone.

  • April 04, 2024

    Henkel Loses Bid To Sweep Away Rival's Cleaning TM

    A Romanian cleaning product company has won its trademark appeal for its "Clinium" logo, after a European appellate board found that buyers would not conflate the sign with German rival Henkel's "Clin" trademark.

  • April 04, 2024

    Juul Can't Dodge UPC Vape Feud Over Rival's Admin Error

    Juul can't dash a challenge to five of its vaping patents even though its rival NJOY listed the wrong company in its initial papers, an appeals panel has said, giving the competing company the green light to tweak its claim.

  • April 04, 2024

    Velcro-Selling Co. Sues Rival Over Amazon Complaints

    A Northern Irish Velcro product distributor has accused a rival of spreading false rumors about its goods and putting the company in Amazon's bad books by returning several purchases and claiming they were "inauthentic."

  • April 04, 2024

    Gambling Biz Says Rival, Ex-Employees Copied Game Code

    An online gambling company has sued two former members of staff and its rival for allegedly plagiarizing copyrighted source code for its "Slingo" online betting game to produce several competing products.

  • April 03, 2024

    Genmab Builds Oncology Portfolio With $1.8B Deal

    Danish biotechnology company Genmab announced Wednesday that it would acquire private cancer drugmaker ProfoundBio for $1.8 billion in cash, a move set to beef up Genmab's oncology portfolio and position the company as a competitor to other biotech companies that have made similar deals in the antibody drug conjugate space in recent months.

  • April 03, 2024

    Jacob & Co. Can't Get TM Over Name For Alcohol Venture

    High-end jeweler Jacob & Co. can't register a trademark of its name over spirits after European officials ruled that a German company selling "Jacobi"-branded spirits had already established a presence in the market.

  • April 03, 2024

    IP Firm Reddie & Grose Names New Chairman, Eyes Growth

    Intellectual property boutique Reddie & Grose LLP has appointed Steve Howe as its next chairman, one of a series of senior promotions the business has made as it continues its growth push in the U.K. and Europe.

  • April 03, 2024

    EUIPO Director Seeks Clarity On TM Rules, In An Office First

    The executive director of the European Union's Intellectual Property Office has for the first time asked the office's Grand Board to clarify parts of the bloc's trademark rules, seeking guidance on when an EU-wide application can be converted into national requests.

  • April 03, 2024

    Uber Loses Some European TM Protections For Its Name

    Ride-hailing giant Uber has failed to persuade the European Union that it should retain a suite of broad trademarks for its name, with the bloc's intellectual property body deciding to trim down protections for computer software and telecommunications.

  • April 03, 2024

    Valrhona's Bid For 3D Mold TM Melts At UKIPO

    Valrhona has failed to register a 3D oval-shaped trademark after the U.K. intellectual property office ruled that it was a common mold in the industry and consumers would not link the cocoa bean lookalike to the premium French chocolatier.

  • April 02, 2024

    L'Oreal Holds Off Competitor's Objections To Hair Dye Patent

    A Japanese cosmetics brand failed to foil a L'Oreal hair-dyeing patent after European officials ruled that the invention to even out color satisfied all requirements, even if it didn't specify minimum concentrations for certain ingredients.

  • April 02, 2024

    Molson Coors Blocks Stone Brewing TM In UK

    California's Stone Brewing Co. could not convince the U.K.'s Intellectual Property Office to register a trademark for its own name, after drinks rival Molson Coors argued that it could be confused with existing trademarks it owns for the word "Stones."

  • April 02, 2024

    Shell-Exxon Joint Venture Fends Off Fuel Additive IP Attack

    An Exxon Mobil and Shell joint venture has successfully fought off attempts by competitors to invalidate its patent for a diesel fuel additive, with a European Patent Office appeals board ruling that the additive was inventive enough for protection.

  • April 02, 2024

    Blur Drummer Leads Competition Challenge Over Royalties

    The drummer for an English rock band is leading a legal challenge on behalf of songwriters, claiming that a society that collects royalties for artists has been unfairly distributing cash, according to details published by the Competition Appeal Tribunal on Tuesday.

  • April 02, 2024

    ASOS Loses Appeal For Topshop TM In Europe

    Online retailer ASOS has lost a second bid for trademark protection over the fashion brand name Topshop, with the European intellectual property authority saying the name lacks any distinctive character and simply means "an excellent store."

  • March 28, 2024

    House Of Fraser Loses Bid To Broaden 'BIBA' EU Trademark

    House of Fraser can't broaden its "BIBA" trademark because consumers could confuse the sign with an earlier "BiBA" logo that appears on similar goods, a European Union appeals panel has ruled.

  • March 28, 2024

    British Biz Hits Back At Chinese Co. In LED Mask Design Fight

    A British businesswoman has hit back at a Chinese light-therapy device manufacturer's claim that she misused its designs for an LED mask and bib, telling a London court she was always the rightful owner of the designs.

  • March 28, 2024

    Questel Partners With AI Workflow Automation Software Maker

    Intellectual property software provider Questel has partnered with a workflow automation software maker to help IP lawyers automate more document-based tasks with artificial intelligence, according to statements from both companies.

  • March 28, 2024

    4 Questions For Bristows' Commercial IP Experts

    Bristows LLP intellectual property leaders Matthew Warren and Robert Burrows have seen much change in their decades of advising clients, but they say the pace has “increased significantly” in recent years. Here, they talk to Law360 about artificial intelligence, the latest developments in FRAND disputes and other trends in IP litigation.

Expert Analysis

  • Examining EU's Drift Toward US-Style Employer Pact Scrutiny

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    As European Union competition authorities express enforcement interest in employment issues such as no-poach and wage-fixing agreements — which have been the subject of U.S. enforcement action for some time — companies may need to recalibrate their training and compliance programs accordingly, say attorneys at Crowell & Moring.

  • What SEP Holders Can Take Away From UK's Apple Ruling

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    A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

  • AI Inventorship Decision Leaves Open Questions

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    A Virginia federal court's recent decision in Thaler v. Iancu, finding that artificial intelligence cannot be named as a patent inventor, highlights questions that will have to be answered as AI increasingly contributes to inventorship, especially in the pharmaceutical industry, say attorneys at DLA Piper.

  • What Patent Applications Signal About Green Energy Trends

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    Steadily increasing patent activity related to clean energy technologies suggests that the proportion of energy derived from green sources will also continue to grow — but smaller companies could be locked out of the patent race, even as sustainability becomes an inescapable business imperative, says Greg Sharp at Haseltine Lake.

  • Takeaways On Pre-Action Protocols From UK Patent Ruling

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    The U.K. High Court's recent patent ruling in Add2 Research v. dSpace instructs parties in proper pre-action discussions that avoid breaches of protocol, including how to provide materials in confidence, say Angela Jack and Emily Atherton at EIP.

  • 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.

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