Intellectual Property UK

  • July 15, 2024

    Siemens Gets Second Shot To Nix GE Unit's Patent

    European officials must re-examine a GE unit's patent covering a switchgear used in subsea plants to help extract oil because they failed to consider all of Siemens' arguments challenging it, an appellate board has ruled.

  • July 15, 2024

    ATM Network Says 'Link' TM Extensively Used In UK

    The main ATM network in the U.K. has hit back at Stripe over allegations that its trademark name "Link" should be revoked for lack of use and said the mark has been employed extensively within the country.

  • July 15, 2024

    AstraZeneca Unit Defends Soliris Patent Against Invalidity Bid

    Alexion has hit back at a claim by Amgen that its patent over Soliris is invalid, arguing in a London court that the formula for the rare blood disease treatment was not obvious based on earlier patents and publications.

  • July 15, 2024

    McCain Rescues Smiley Face EU TM Amid Clash With Rival

    McCain has kept hold of its smiley potato face trademark after convincing an appeals panel that the sign is sufficiently distinctive, overcoming a claim by a rival food distributor that the design was "customary" in the food sector when it filed for the trademark.

  • July 12, 2024

    InterDigital Appeal 'Shifts Needle' To Balance FRAND Process

    The Court of Appeal's much-anticipated ruling in InterDigital and Lenovo's dispute over fair, reasonable and non-discriminatory licensing fees for standard-essential patents goes a ways to address inconsistencies and establish a middle course for rate-setting going forward, lawyers say.

  • July 12, 2024

    InterDigital Gets $240M In FRAND Dispute With Lenovo

    A London appeals court ordered Lenovo to pay $240.1 million to InterDigital on Friday for a license to use its standard essential patents covering wireless technologies, resolving a lengthy dispute over fair and nondiscriminatory license terms.

  • July 12, 2024

    Mars Beats Nestlé Challenge Over Tasty Kibble Patent

    Mars can keep an amended patent for dry pet food that remains tasty with low phosphate concentrations, after European officials rejected Nestlé's arguments that the ingredients used weren't new.

  • July 12, 2024

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

    This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.

  • July 12, 2024

    Arkema's Adhesive Patent Comes Unstuck At EUIPO

    A French metal supplier has had its European patent over an adhesive technology revoked by the bloc's intellectual property watchdog, with the board saying the technique would be obvious to any skilled person in the material binding industry.

  • July 19, 2024

    HSF Hires Eversheds Partner Pair For Paris Office

    Herbert Smith Freehills LLP has recruited two high-ranking lawyers from Eversheds Sutherland in France to boost its capabilities advising clients on intellectual property, information technology and data privacy.

  • July 12, 2024

    Rock Bands Sue PRS Over 'Abusive' Music Licensing Regime

    Three rock bands and their rights management company have sued the Performing Right Society at a London court for allegedly abusing its dominant market position by imposing onerous fees and requirements on its members.

  • July 11, 2024

    Avionics Companies Say Lufthansa Can't Amend Patent Claim

    A Panasonic subsidiary and an Astronics unit urged a London court on Thursday to block German airline Lufthansa from being allowed to amend its claim in a long-running patent spat, saying the late change would place their case "at risk."

  • July 11, 2024

    Nestlé Can Take Second Swing At Rival TM

    Nestlé has revived its bid to nix a rival's trademark for "Winn," after European officials ruled that previous examiners assessed the risk of confusion without all the necessary proof.

  • July 11, 2024

    Hitachi Data-Sorting Tech Not New, EPO Affirms

    Hitachi has failed to convince appellate officials at the European Patent Office to grant patent protection for its data organization method, after a panel backed a finding that it did not include any novel ideas.

  • July 11, 2024

    Medical Device Maker Defends Bladder Stone Removal IP

    A Chinese medical device maker has hit back at a rival's bid to invalidate its patent for a suction device to remove bladder stones, saying that it is new and doesn't add extra subject matter.

  • July 11, 2024

    Cruise Club Sinks TUI's Appeal To Invalidate 'InCruises' TM

    An international cruise membership service has convinced European authorities to reject travel giant TUI's challenge to the membership's "inCruises" trademark because it is distinctive enough to avoid confusion with TUI's own cruise brand.

  • July 10, 2024

    Arabic Tea Seller Wins EU TM Bid On Appeal

    An Arabic-style food shop won its bid Wednesday to reinstate a trademark covering tea with the words "Al Assad" and "Thé Vert de Chine," after a European court ruled that buyers would differentiate it from a rival's mark.

  • July 10, 2024

    Beverly Hills Polo TM Owner Can't Overturn Polo Club Ruling

    The owner of trademark rights for the Beverly Hills Polo Club fashion brand failed to convince an appellate court that the existence and activities of other polo-themed trademarks was irrelevant to its infringement claim.

  • July 10, 2024

    Music Distributor Says Contract Claim A Minor Complaint

    Sheet music distributor Hal Leonard has told a U.K. classical music publisher that accusations it failed to improve sales and generate royalties are off-key, especially since Hal Leonard says it went beyond its obligations to promote and sell the music.

  • July 10, 2024

    Unilever Rinses Major Rivals Over Stain-Removal Patent

    Unilever has fended off attempts to kill its stain-removal patent by rival manufacturers, with the European Patent Office tossing bids by three companies to nix it on the basis that it did not contain an inventive step.

  • July 10, 2024

    Moderna's MRNA Win Weakens Patent Pledges

    Moderna's win over Pfizer and BioNTech in a U.K. dispute over mRNA patents could undermine increasingly popular pledges not to enforce patents, intellectual property experts say, after a London court held boilerplate language in the pledge made no assurances Moderna would not enforce patents in the future.

  • July 10, 2024

    Pfizer, BioNTech Fight To Invalidate CureVac COVID Patents

    Pharma giants Pfizer and BioNTech urged a London court on Wednesday to invalidate COVID-19 vaccine patents owned by a German company, saying the rival vaccine patent should be nixed because it does not involve any novel inventive step.

  • July 09, 2024

    UK Vape Maker Takes Swing At Chinese Rival

    Vapepen has fought back against claims that it sells units identical to SKE Crystal Bar, arguing that its Chinese rival is picking a fight with the wrong company.

  • July 09, 2024

    Supermarket Chain Iceland Fights To Nix Kebab Supplier's TM

    Grocery giant Iceland has hit back at a trademark infringement claim from a kebab meat supplier, saying the meat company's logo is too vague and its trademark protection should be revoked.

  • July 09, 2024

    Sony Music Unit Says Infringement Of TikTok Hit An Error

    A Sony Music unit has told a U.K. record label that its version of a remake of the 2008 hit "Ride It" unintentionally infringed the original track and that the label's damages claim is "excessive and unjustified."

Expert Analysis

  • How Clinical Trials Affect Patentability In US And Europe

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    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

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    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

  • Ocado Appeal Outcome Will Gauge UPC Transparency

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    As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.

  • Businesses Using AI Face Novel Privacy, Cybersecurity Risks

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    Rapid advancements in artificial intelligence are resulting in complex privacy and cybersecurity challenges for businesses, and with the forthcoming EU AI Act and enhancement of existing laws to ensure a high common level of security, key stakeholders should be empowered to manage associated risks, say lawyers at Goodwin.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • New Reduced EPO Fees May Shift Applicant Demographics

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    The upcoming European Patent Office fee reduction scheme, aimed at helping smaller organizations access the patent system, is a positive step that could help shift the applicant demographic, which has typically been dominated by larger businesses, says Annabel Williams at Marks & Clerk.

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