Intellectual Property UK

  • February 22, 2024

    Sony Loses Bid To Stop Hendrix Bandmates' Copyright Trial

    Sony Music lost another attempt on Thursday to avoid facing a copyright challenge in England over music royalties from Jimi Hendrix's band, with a London judge saying the estates of his bandmates have an arguable case over IP rights for music streaming services.

  • February 22, 2024

    Britvic Sues Slushie Machine Biz Over Tango Ice Blast TM

    Soft drinks giant Britvic has sued a U.K. slushie machine business for allegedly infringing the copyright for its Tango Ice Blast drinks by mimicking the branding for its own drinks machines.

  • February 22, 2024

    Cypriot Companies Can't Halt Halloumi Registration

    A group of cheese-makers have failed to prevent the registration of "Halloumi" as a protected designation of origin, with a European court ruling that the application did not depart from previous national standards about its ingredients.

  • February 22, 2024

    4 Questions For Bird & Bird IP Partner Sally Shorthose

    Sally Shorthose, an intellectual property lawyer with Bird & Bird LLP, says that between Brexit and the emergence of artificial intelligence we are living in “a period of almost unprecedented change in IP law.” Shorthose tells Law360 what attracted her to work in the life sciences sector and IP law and discusses the biggest trends she has seen throughout her career.

  • February 22, 2024

    L'Oréal Scrubs Out Rival's 'Libre' TM Appeal At EU Court

    L'Oréal has persuaded a European Union court to throw out a competitor's latest attempt to register its "La Crème Libre" trademark, with the court ruling that consumers could confuse it with the French cosmetic giant's own "libre" sign.

  • February 21, 2024

    Lidl Tackles 'Bad Faith' TM Claims In Tesco Clubcard Spat

    Counsel for Lidl argued on Wednesday that a London court was wrong to rule that the German retailer had registered a trademark for a wordless variant of its logo in bad faith, as intellectual property lawyers await further guidance from the U.K.'s top court.

  • February 21, 2024

    End Of The Line For Cable-Laying Machine Patent Dispute

    A European patent board has revoked an Italian infrastructure company's protections for a cable-laying machine, concluding that it was obvious and others would have eventually figured out how to make it.

  • February 21, 2024

    Distiller's Amazonian TM Fails To Swing EU Court On Appeal

    A Spanish distiller lost his bid on Wednesday to register a trademark for "Amazonian Gin Co.," when a European court ruled that the mark was too descriptive of the origins and ingredients of the product.

  • February 21, 2024

    Patent Plausibility Faces Uncertain Future At The EPO

    A landmark decision by the European Patent Office to allow evidence submitted after filing a patent application to be used to prove whether a patent is "plausible" has left many questions unanswered. Here, lawyers in the IP sector look for those answers.

  • February 21, 2024

    Satoshi Associates Deny Wright's Claim To Be Bitcoin Creator

    Two cryptocurrency specialists who had interactions with the pseudonymous inventor of bitcoin in the 2000s told a London court on Wednesday that they do not believe Craig Wright's claims to be the elusive Satoshi Nakamoto.

  • February 20, 2024

    Tesco Branding Does Suggest Price-Matching, Lidl Tells Court

    Counsel for Lidl told an appeals court Tuesday that a London judge was clear in its reasoning why rival supermarket Tesco's club card branding conveyed a "price matching message" to its shoppers in order to benefit from Lidl's reputation for discount prices.

  • February 20, 2024

    Lundbeck Patent For Alcohol Dependence Treatment Fails

    A European appellate board refused to let Lundbeck patent an alcohol-dependence treatment, ruling that it might have been new, but other scientists would have eventually reached the same conclusion about which patients were most likely to benefit from a drug.

  • February 20, 2024

    Straumann Scores Win In Dental Implant Patent Appeal

    A dental implant maker has won its bid to patent an implant with a ceramic surface made of zirconia, after European patent officials found that an amended version was not obvious.

  • February 20, 2024

    Piping Hot Can't Ride TM Wave For Sea-Inspired Products

    An Australian company has failed to register a trademark for "Sea by Piping Hot," after European intellectual property officials ruled that shoppers might think it was a new line of products from U.S. supplement maker Piping Rock.

  • February 20, 2024

    Top 5 Cases To Watch At The Unified Patent Court

    The long-awaited opening of Europe’s Unified Patent Court has brought a period of uncertainty, leaving patent litigators navigating a new frontier for IP disputes and watching closely for the first major decisions set to be handed down in 2024.

  • February 19, 2024

    Tesco Says Judge 'Over-Impressed' By Lidl TM Evidence

    Tesco argued in an appeals court Monday that a judge relied too heavily on accounts from consumers to determine whether it had tried to pass off its products as being as good as Lidl's when it adopted fresh branding for its loyalty pricing scheme.

  • February 19, 2024

    Unilever Dissolves P&G's Laundry Powder Patent

    Unilever has convinced a European patent board to scrap Procter & Gamble's protection for technology used to dry out laundry powder, with officials concluding the same process was set out in manufacturing handbooks from decades ago.

  • February 19, 2024

    UK Poised For TM Reforms After Joining Pacific Trade Bloc

    Now that the U.K. has signed up to a trans-Pacific trade bloc worth approximately £12 trillion ($15 trillion), intellectual property professionals are preparing for a handful of changes to trademark and geographical indications likely to be introduced in 2024,

  • February 19, 2024

    Oatly Loses Fight To Block 'Oat My Gosh' Milk TM

    Swedish oat drink company Oatly has lost its fight to nix an "Oat My Gosh" trademark after a European intellectual property authority concluded that consumers were unlikely to confuse the two brands.

  • February 19, 2024

    Brainlab Patent Appeal Fails For Surgery Planning Image Tool

    Brainlab AG has failed to patent an imaging system for anatomical structures that shows soft and hard tissue, as European patent officials ruled that the device lacked any inventive step.

  • February 19, 2024

    Medtronic, Boston Scientific Get Rival's Pain Patent Nixed

    Medtronic and Boston Scientific have persuaded European officials to revoke the protections of a rival over its spinal cord stimulation treatment after showing that the company amended its patent beyond the scope of its beyond the original application.

  • February 16, 2024

    Fox Williams Fights To Nix £30M Game Show Negligence Case

    Fox Williams LLP urged a London court Friday to strike out a media company's allegations that the firm botched its game show copyright claim and caused it to lose out on at least £30 million ($37.4 million).

  • February 16, 2024

    Philip Morris Revives Tobacco Heating Patent On Appeal

    Philip Morris saved its e-cigarette patent from going up in smoke after a European appellate board rejected a British American Tobacco unit's challenge, the latest chapter in the tobacco giants' court battles over the technology.

  • February 16, 2024

    6 Questions For Quinn Emanuel's David Lancaster

    Quinn Emanuel Urquhart & Sullivan LLP's London IP chief David Lancaster talks to Law360 here about the challenges posed by the new Unified Patent Court and the U.K.’s role in European IP litigation after Brexit.

  • February 16, 2024

    Europe's IP Office Rolls Out New Search And Filing Platforms

    The European Union Intellectual Property Office has said that it is introducing five new tools to its online search and filing system as it seeks to streamline the exploration of trademark and design databases.

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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