Intellectual Property UK

  • 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."

  • July 09, 2024

    Agilent Wins Shot At Keeping Tablet Testing Patent At EPO

    Agilent has revived its hopes of retaining protections over a pharmaceutical tablet testing device in Europe after convincing an appeals panel that it did not unlawfully broaden the patent with its description of the technology's use of radiation.

  • July 09, 2024

    Sports Broadcaster Sued For Fraud In Failed Streaming Deal

    Liquidators of a licensing company have sued a broadcasting chief after their autosport streaming deal turned sour, telling a court he lied about his ability to sell streaming subscriptions in U.S. prisons to entice the company to hand over the licensing rights.

  • July 08, 2024

    Morrison Cohen Launches Luxury Brands Practice

    Morrison Cohen LLP announced Monday the launch of a luxury brands practice designed to offer more holistic counsel to high-end companies like Valentino, Louis Vuitton, Salvatore Ferragamo and more.

  • July 08, 2024

    Absolut Wins Fight To Block 'Ellyz' TM Registration

    The maker of Absolut Vodka has blocked the registration of an "Ellyz" trademark for soft drinks, beers, and alcoholic beverages after convincing a European intellectual property authority that the mark was too similar to its own "Elyx" brand.

  • July 08, 2024

    Research Hospital Loses Patent For Kidney Inflammation Test

    A Harvard-affiliated research hospital has lost its European patent over a method for detecting kidney inflammation with a urine sample with an appeals panel ruling that the tech is obvious and not inventive.

  • July 08, 2024

    Aga Proves Converted Cooker Marketing Infringed TM

    Stove manufacturer Aga has won its claim for trademark infringement against a company selling electronic conversion kits for its ovens, persuading a London court that its marketing wrongly suggested that the two businesses were linked.

  • July 08, 2024

    Whisky Biz Can't Stop Rival Distillery Getting 'Spey' UK TM

    A distillery has fought off a rival Scotch whisky producer's challenge to its "Spey" U.K. trademark hopes as it proved there was no likelihood of confusion with its opponent's earlier "Speymhor" trademark.

  • July 05, 2024

    Xiaomi Won't Get Interim 4G Patent License From Panasonic

    A London court on Friday declined to award Xiaomi an interim license to use Panasonic's 4G tech ahead of the companies' upcoming patent trial, ruling that Panasonic is not acting in bad faith by holding out for better terms.

  • July 05, 2024

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

    This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.

  • July 05, 2024

    Matrix KC Richard Hermer Tapped For Attorney General

    Matrix Chambers' human rights barrister Richard Hermer KC will serve as the U.K.'s attorney general in a surprise appointment from newly-elected Prime Minister Keir Starmer late Friday.

  • July 05, 2024

    Peter Kyle To Oversee IP, AI Atop UK Innovation Dept.

    Prime Minister Keir Starmer has selected Peter Kyle as the new secretary of state for innovation who will have responsibility for intellectual property and artificial intelligence matters, Labour's landslide victory in Thursday's election.

Expert Analysis

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.

  • Companies Trading In The EU Should Heed Mondelēz Ruling

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    The European Commission’s recent €337.5 million fine of Mondelēz is the latest decision targeting restrictions on EU cross-border trade, and serves as a warning to companies active in the region to check their contracts and practices for illegal restraints, and to perform audits to ensure compliance, says Matthew Hall at McGuireWoods.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

  • Lego Ruling Builds Understanding Of Design Exam Process

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    In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.

  • Protecting Trade Secrets In US, EU Gov't Agency Submissions

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    Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.

  • The Unified Patent Court: What We Learned In Year 1

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    ​​​​​​​The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • Cos. Increasingly Must Protect And Manage Intangible Assets

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    As investors increasingly reward companies for their institutional knowledge and intellectual capital, there is a growing urgency for organizations — especially their chief legal officers — to identify, protect and fully realize the value of intangible assets, says Paul Garland at Deloitte.

  • EU's AI Act: Pitfalls And Opportunities For Data Collectors

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    The European Union’s new Artificial Intelligence Act entails explicit requirements and limitations throughout the AI value chain that might affect firms directly or indirectly dealing with AI development, such as data-as-a-service companies and web scraping providers, says Denas Grybauskas at Oxylabs.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • 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.

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