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Intellectual Property UK
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December 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.
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December 06, 2024
Social Care Biz Accused Of Using 'Inicio' TM As 'Weapon'
An educational trust has denied infringing a social care company's "Inicio" trademark, telling a London court that their services do not cross over and its rival has used the mark as a "weapon."
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December 06, 2024
GE's Turbine Blade Patent Revoked In Energy Biz Challenge
A wind energy company has persuaded a European appeals board to revoke General Electric's patent over a turbine blade feature, as it proved that the blueprint is not inventive.
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December 05, 2024
Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs
Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in foreign courts, arguing that Huawei is trying to impose excessive royalty rates and is avoiding its commitment to license its patents on reasonable terms.
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December 05, 2024
AI Could Prompt Patent System Reforms, Justice Says
Artificial intelligence could trigger a major rethinking of the patent system if applications end up being deemed uninventive because they are obvious to a skilled person using AI, a Court of Appeal justice said in a speech published Thursday.
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December 05, 2024
Veteran UK Car Maker Trims Chinese Co's EU TM
British car company MG has convinced officials at the European Union intellectual property office to trim IP protections of a Chinese valve maker for the same two letters — but failed to sway the office that it should uphold challenges based on the automaker's reputation.
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December 05, 2024
Plastics Maker Sues Makeup Co. Over Mascara Brush Design
A French plastic products manufacturer has sued a cosmetics company for allegedly selling a copycat version of its registered design for mascara brushes in the U.K.
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December 05, 2024
Catering Biz Denies Infringing F1-Inspired Fridge Maker's IP
A catering equipment company has denied it infringed a rival's patents and trademarks that covered a line of Formula One-inspired energy-efficient fridges, asking a London court to declare the patents invalid.
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December 05, 2024
Insulation Biz Fails To Revive Glass Fiber Patent At EPO
A manufacturing company cannot restore its patent over a quality control system for making glass-fiber insulation because the invention is not sufficiently clear, a European appeals panel held in a ruling released on Thursday.
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December 04, 2024
Apple's Beats Headphones Brand Silences Bid For 'P' TM
Apple's Beats Electronics, the headphones company co-founded by rapper and record producer Dr. Dre, has successfully challenged a Chinese technology company's "P" trademark, with European trademark officials finding that the company would benefit from association with Beats' famous "b" logo.
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December 04, 2024
Loudspeaker Designer Trims Rival's 'Audio Vivid' TM
A loudspeaker designer has convinced British officials to narrow down the products that a rival can stamp with a trademark for "Audio Vivid," because shoppers eyeing the shelves might think the products were related to its "Vivid Audio" brand.
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December 04, 2024
Aviation Biz Sued Over Crash Gear Patent In UK
A company that makes ejection seats has been accused of infringing a rival's patent for a neck protection system by selling several pieces of crashworthy gear to stop fighter jet pilots from suffering neck injuries.
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December 04, 2024
Medical Co. Loses Imaging Systems Patent At EPO
Medical device company Cook Medical Technologies LLC has lost its case at an EU appellate board for its patent on low-profile circuit board connectors for imaging systems as the court ruled that the invention was obvious to a skilled person in the industry.
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December 04, 2024
Samsung Says Eye Med Biosimilar Won't Flout Regeneron's IP
Samsung Bioepis has argued in a London court that its planned eye medicine biosimilar will not infringe Regeneron's patents over the treatment, doubling down on plans to market its own version.
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December 04, 2024
Puma Fails To Block 'Li Puma' Trademarks At EU Court
Puma has lost its latest attempt to stop a company registering two "Li Puma" trademarks for recycling services, failing on Wednesday to persuade a European Union court that it could damage its sporting goods brand.
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December 03, 2024
Merck Keeps Patent Over Cancer Drug Keytruda
Merck has won its bid to amend a patent over its blockbuster cancer-treating drug Keytruda, after European officials ruled that its stabilizing features for long-term refrigeration were inventive.
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December 03, 2024
Fresenius Can't Block Baxter Unit's Dialysis Device Patent
Appellate officials at a European patent authority have refused to nix a Baxter subsidiary's dialysis machine patent, rejecting Fresenius Medical Care's claims that its earlier dialysis machines already featured the essential elements in the patent.
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December 03, 2024
Cosmetics Co. Loses Bid For 'Pure Mama' TM
A company that makes skincare for pregnant women has lost its bid to trademark its name "Pure Mama," after European officials ruled that an individual trader had already cornered the market for "Mama" signs.
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December 10, 2024
White & Case Hires IP And Tech Pro From Clifford Chance
White & Case LLP has recruited an expert in intellectual property and technology from Clifford Chance LLP to help meet a growing need from clients for specialist support.
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December 03, 2024
Edwards Lifesciences Can't Nix Rival's Heart Implant Patent
A medical device maker has won its bid to amend a patent for a heart implant and dodge Edwards Lifesciences' attacks, after European appellate officials found that its added features still made the cut.
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December 03, 2024
Apple Beats Israeli Tech Biz's 'Appleye' TM Bid At EUIPO
Apple has persuaded European Union officials to reject an Israeli technology company's "Appleye" trademark application, proving it comes too close to the name of the U.S. giant.
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December 02, 2024
UK Top Court To Assess Whether AI Tech Can Be Patented
The U.K.'s highest court will weigh in on whether an artificial intelligence company's invention constitutes a computer program, in a high-profile case that could set new patentability guidelines for the technology.
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December 02, 2024
Spanish Department Store Trims Linen Maker's 'Sferra' TM
A fashion brand owned by Spanish department store giant El Corte Inglés has scored a partial win in its challenge to a trademark application by a linen company for its "Sferra Bros" logo, as appellate officials found they sell similar products.
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December 02, 2024
Medtech Biz Gets 2nd Shot At Breast Biopsy Imaging Patent
A U.S. medical company specializing in women's health will get another chance to convince officials at a European patent authority that its patent for breast imaging to identify biopsy areas is a new idea.
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December 02, 2024
Footballer Thierry Henry Scores Costs In Arsenal TM Feud
Former professional footballer Thierry Henry has won £4,700 ($6,000) to cover the cost of defending a bid by an "unprofessional" trademark applicant to use his name on an Arsenal-themed badge.
Expert Analysis
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Dutch Merger May Promote Behavioral Remedies Across EU
A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.
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How Will UK Address AI Patent Infringement?
As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.
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Law Commission's 'Data Objects' Proposal Is Far-Reaching
The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.
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UK Rulings Give Chinese Courts Wide Powers In IP Disputes
The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.
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Swatch V. Samsung Offers IP Warning To Platform Operators
The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.
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Opinion
The USPTO Should Give Ukraine Even More Help
The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.
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International Law May Protect Foreign Investors In Russia
Investment treaties that allow eligible foreign investors to bring claims for compensation by way of international arbitration may offer a better, or the only, avenue to recover losses for assets that have been seized by Russia, say attorneys at Cooley.
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Amazon TM Ruling Proves Important For Global Websites
The U.K. Court of Appeal recently found that Amazon infringed Lifestyle Equities' trademark, and its analysis of whether there was an intention to target particular customers, provides welcome relief for brand owners and lessons on avoiding infringement for the operators of global websites, say Steven James and Hattie Chessher at Brown Rudnick.
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Sheeran Ruling Raises Burden For Copyright Plaintiffs
In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.
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Litigants Eager To Prove The Song Remains The Same
Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.
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ECJ Ruling Strengthens German Patent Owners' Rights
Following the European Court of Justice's recent ruling in Phoenix Contact, it is expected that German courts will issue more preliminary injunctions in patent cases, making Germany, and particularly Munich, an even more attractive venue for patent enforcement, says Sandra Mueller at Squire Patton.
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Taking A Long-Term View On Russia's Patent Landscape
The imposition of sanctions following the invasion of Ukraine has raised questions about the future of patent procurement and enforcement in Russia, but companies should not dismiss their Russian patents prematurely, especially in industries such as energy, agriculture, electronics and cybersecurity, say Soniya Shah and Ming-Tao Yang at Finnegan.
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Assessing Litigation Uses Of USPTO 5G Development Study
Jonathan Putnam at Competition Dynamics evaluates the arguments for and against studies like the U.S. Patent and Trademark Office's recent examination of 5G developers' patent activities, analyzing whether such assessments are reliable for litigation.
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Latest Song Copyright Rulings Clarify What's Protectable
Recent copyright infringement decisions in favor of musicians Ed Sheeran, Katy Perry and Led Zeppelin should help turn the tide against frivolous music copyright lawsuits, says Gerald Sauer at Sauer & Wagner.
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How To Wind Down Patents In Russia Over Next 3 Months
With June 23 approaching as the last day on which U.S. businesses may pay anything to the Russian patent office for filing patents directly or through international Patent Cooperation Treaty applications, practitioners should begin making crucial filing and search decisions now to avoid liability, says Mark Mathison at Kilpatrick.