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Intellectual Property UK
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March 14, 2024
Pfizer, Bristol-Myers Can't Revive Eliquis Patent At EPO
Pfizer and a Bristol-Myers Squibb unit have failed to rescue their jointly owned patent over the blockbuster blood thinner Eliquis in Europe after eight rivals convinced an appeals panel that the key compound in the formula was not inventive.
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March 14, 2024
Craig Wright Timeline: From Australia To The London Courts
Computer scientist Craig Wright's one-man mission to prove to the courts that he is the elusive creator of bitcoin came to an end Thursday as a London judge rejected his claim in one of the most-discussed intellectual property cases in the English courts. Here, Law360 looks back at the history of Wright's claims.
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March 14, 2024
Wright Is Not The Inventor Of Bitcoin, Judge Rules
A London judge ruled Thursday that Australian computer scientist Craig Wright is not the pseudonymous inventor of bitcoin, ruling that the evidence against his claim to be Satoshi Nakamoto was "overwhelming."
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March 13, 2024
Developer Of The Witcher Loses EU TM For Gwent Card Game
The developer behind popular video game title The Witcher has lost protections over a "G" logo for its Gwent card game after a European Union appeals panel ruled that the company had failed to put the trademark to use.
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March 13, 2024
Advertising Co. Appeals Loss Over Rival's Billboard Tech IP
Sports advertising firm Supponor on Wednesday fought to overturn a finding that it had infringed a rival's patent for moving digital billboard displays, saying its technology can't infringe because it's an obvious extension of its own previous patent.
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March 13, 2024
Medical Device Maker Sues Rival Over Bladder Stone Tech
A Chinese medical device maker has accused a rival of infringing its patented suction device to remove bladder stones by marketing a similar-looking sheath at an annual industry conference.
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March 13, 2024
EasyGroup Fights Beauty Retailer Over easyCOSMETIC TM
EasyGroup has accused beauty products retailer easyCOSMETIC of infringing its easyJet trademark, arguing in a London court on Wednesday that the online store's logo is leading customers to falsely believe it is associated with the group.
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March 13, 2024
Security Tech Biz Claims $12.5M For 'Obsolete' CCTV Software
A Taiwanese security technology company has countersued an AI video analytics business for $12.5 million over a deal to buy the rights to CCTV-analyzing technology, arguing that the software it bought was "near obsolete."
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March 13, 2024
Boston Scientific Gets Heart Valve Patent On Appeal
Boston Scientific has convinced European officials to grant it a patent over a stent valve based on an amendment that specified the use of a biomedical textile, which finally meant the invention was new.
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March 13, 2024
EU Parliament Overwhelmingly Passes Landmark AI Law
European Union lawmakers voted overwhelmingly on Wednesday in favor of a first-of-its-kind artificial intelligence law, in a bid to help facilitate innovation while safeguarding the bloc's fundamental rights.
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March 12, 2024
Rihanna Instagram Ruling A Warning Shot For Brand Collabs
Puma's delay in securing design rights for one of its shoes after then-creative director Rihanna posted images showing off the sneakers poses a warning for brands to consider intellectual property protections prior to striking a deal with famous collaborators.
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March 12, 2024
Ericsson Fights To Fend Off Lenovo FRAND Battle In UK
Ericsson asked a London court on Tuesday to reject Lenovo's request for fair rates for the use of each other's patents to be set in the U.K., arguing that the Chinese tech giant was forum shopping to disturb ongoing proceedings in the U.S.
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March 12, 2024
Volvo Hits The Brakes On Polish Car Co.'s 'Vosco' TM
Volvo has persuaded European intellectual property officials to reject a bid by a Polish car manufacturer to get trademark protection for "Vosco Automotive" because it would exploit the Swedish auto giant's renown.
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March 12, 2024
'Clearer Than Ever' That Wright Is Not Satoshi, Developers Say
Lawyers for developers seeking to prove that Craig Wright is not the pseudonymous inventor of bitcoin told the High Court that it is "clearer than ever" that the Australian computer scientist is not Satoshi Nakamoto in closing arguments on Tuesday.
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March 12, 2024
Tequila Regulator Wins Appeal Over 'Genquila' Wine TM
The industry regulator for tequila has convinced European officials to nix a trademark for "Dutch Genquila" that had been granted for wine products, after demonstrating that buyers would still think of the Mexican spirits.
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March 12, 2024
Motorbike Apparel Biz Sues Retailers For Design Infringement
A motorcycle clothing company has sued several retailers for £50,000 ($63,800) in a London court for allegedly infringing its design rights over multiple protective apparel styles.
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March 12, 2024
Motorola Keeps Dual-Screen Phone Patent Hopes Alive
Motorola has persuaded U.K. patent officials to move forward with its dual-screen smartphone patent bid after proving that the design does not breach patentability rules blocking protections over computer programs.
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March 11, 2024
Woodsford Affiliate Prevails In Fee Feud With SF Firm
An affiliate of British litigation funder Woodsford has secured a $1.8 million arbital award and $1.2 million in interest from a San Francisco law firm following the 2019 settlement of a lawsuit against Google, a Delaware federal judge confirmed Monday.
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March 11, 2024
Nuvei Unit Sues Pay Group Over Failed Domain Name Deal
A Nuvei Group subsidiary has sued several payments companies and their bosses for allegedly failing to use the company's payments technology, despite signing a deal promising to do so in return for a website domain.
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March 11, 2024
EasyGroup Fights Tefal's Bid To Revoke Its 'Easy' TMs
EasyGroup has hit back at Tefal's claim that its trademarks are invalid and therefore cannot be infringed in an ongoing battle over the French cookware maker's "Easy Fry" air fryers.
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March 11, 2024
Bacardi Loses EU Appeal Over Bartending App Name TM
European officials have rejected a bid by Bacardi to register "Freepour," the name of an app for bartenders, after finding that a French telecommunications giant had already cornered the market for the word "Free."
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March 11, 2024
A Timeline Of The Unified Patent Court
After a decade of setbacks and uncertainty, the "pie in the sky" goal of creating a centralized European patent court is now a reality. Law360 looks back here over the critical chapters in the story of the Unified Patent Court.
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March 11, 2024
United Airlines Slogan Lands Poorly With European IP Office
The intellectual property office of the European Union has thrown out an attempt by United Airlines to register a trademark for its slogan "Good Leads The Way," after an appellate panel found that consumers would not automatically link the phrase with air travel.
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March 11, 2024
Reed Smith Guides Nanoco's £33M Buyback, After Litigation
Nanoco said on Monday that it will repurchase shares worth £33 million ($42 million) from investors after the nanotechnology company won a $150 million windfall from a Texas patent infringement lawsuit against South Korean electronics giant Samsung.
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March 08, 2024
Shein Accused Of Filching Rivals' Protected Shoe Designs
A shoe retailer and its parent are accusing Shein of infringing their copyrights and protected designs by selling 45 styles of footwear which are "substantial reproductions" of the companies' blueprints.
Expert Analysis
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Dairy Vs. Plant-Based 'Milks': A Regulatory Standoff
Sales of nondairy milk alternatives are flourishing, but the dairy industry charges the U.S. Food and Drug Administration with failing to enforce its own labeling regulations regarding the definition of "milk." The longer terms like soy milk, almond milk and coconut milk remain in use, the stronger the argument for their continued use to describe these products, say attorneys with Shook Hardy & Bacon LLP.
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UK Supreme Court Broadens Scope Of Patent Protection
The U.K. Supreme Court’s recent judgment in Actavis v. Eli Lilly sets out a revised approach to assessing patents in the U.K. and is likely to confer greater protection on patent owners, by providing that the protection afforded to a patent is not limited to the wording of the claims, say attorneys with Dechert LLP.
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Brexit Creates Uncertainty For IP
Following Brexit, if the EU regulations directly applicable to intellectual property law are not transposed into English or Scottish law, a regulatory vacuum could be created. For patents, this could mean the first lack of substantive legal protection in over 700 years, says Roberta Young of Loza & Loza LLP.
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Guest Feature
An Interview With Floyd Abrams
It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.
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An Interview With Ex-USPTO Director Todd Dickinson: Part 2
During a recent conversation with us, Q. Todd Dickinson, former director of the U.S. Patent and Trademark Office, offered his thoughts on intellectual property legislative and judicial activity in recent years, the policies that could use improvement, and the challenges that lie ahead for patent holders, say David Haas and Scott Weingust of Stout Risius Ross LLC.
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An Interview With Ex-USPTO Director Todd Dickinson: Part 1
David Haas and Scott Weingust of Stout Risius Ross LLC recently had a candid discussion with Q. Todd Dickinson, former director of the U.S. Patent and Trademark Office and current head of Polsinelli PC’s intellectual property public policy practice. He shared his thoughts on the evolution of IP policy since his time at the PTO and his current concerns about U.S. patent law.
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How China Became An IP Superpower
China has repeatedly been labeled an intellectual property pirate and wholesale IP rights violator, but those labels are no longer accurate. Today, applicants who overlook China do so at their peril, says Jay Erstling, of counsel at Patterson Thuente Pedersen PA and former director of WIPO's Patent Cooperation Treaty Office.
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Real-World IP Tools In Virtual Worlds
Nonmillennials usually approach things like virtual reality from the perspective of what we know as the “real” world. We compare objects and interactions with how they would be if generated by Mother Nature. This is the greatest challenge for intellectual property professionals working in a virtual environment, say Elizabeth Ferrill of Finnegan Henderson Farabow Garrett & Dunner LLP and Joacim Lydén of Awapatent.
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Filing Foreign Patents: 3rd-Party Disclosure Considerations
For U.S. patent applications filed following a disclosure of the invention, the one-year grace period provides a useful safety net. However, in other territories much stricter rules apply, say Hannah Buckley and Stuart Lumsden of Marks & Clerk.
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EU May Soon Surpass US As Patent Center
Despite some uncertainty surrounding Brexit’s impact, the changing patent regime in Europe likely will make things easier for patent holders. Indeed, the new Unified Patent Court has several features that suggest it will be an appealing alternative to U.S. patent courts, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.
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What To Expect From NPE Activity In China
An affiliate of nonpracticing entity Wi-LAN recently filed a patent suit against Sony in Nanjing, China. NPE activities have rarely been seen in China, so this raises the concern that international NPEs are now stepping in. Chinese patent litigation practice has two factors favorable to NPEs and two factors not favorable to NPEs, says Jackie Wong, legal counsel at Xiaomi Inc.
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US Patent Practice Drifting Toward Approach Prevalent Abroad
Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
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Tips For Addressing The IP Challenges Of 3-D Printing: Part 1
The intellectual property rights of both manufacturers that use 3-D printing and manufacturers that don't may suffer through claim drafting that does not take into account the opportunities provided by 3-D manufacturing, say attorneys with Marks & Clerk.
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EU Unified Patent Court Will Proceed In 2017 — Now What?
Although it is sensible to be cautious and plan accordingly, we believe that the European Union's Unified Patent Court will, after a possibly extended teething period, become a significant forum in which patents are litigated, say Trevor Cook and Anthony Trenton, leaders of WilmerHale's IP litigation practice in Europe.
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Comparing Patent Quality At The USPTO And EPO
In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.