Intellectual Property UK

  • April 24, 2024

    Labcorp Prevails Over Software Biz TM Challenge In EU

    Labcorp has cleared its path to a trademark over its name in the European Union after a court ruled Wednesday that a German software business can't halt the application based on its earlier "labcore" signs that it has not sufficiently used in recent years.

  • April 24, 2024

    Panasonic Denies 'Illegitimate Pressure' In 4G Patent Fight

    Panasonic told a London court Wednesday that a bid by rival Xiaomi to have the Japanese giant's litigation accusing it of infringing standard essential wireless patents in other European courts thrown out is "dead in the water," saying its overseas claims against the company are legitimate.

  • April 24, 2024

    Monster Energy Can't Get Descriptive 'Flavor Unleashed' TM

    Monster Energy's "Flavor Unleashed" logo is not distinctive enough for a European Union trademark because it simply describes the characteristics of the drinks it appears on, an intellectual property appeals panel in the bloc said Wednesday.

  • April 24, 2024

    Marine Tech Co. Fights MoD Unit's 'Inflated' $90M Claim

    A South Korean marine navigation business that misused a Ministry of Defence agency's data to make its own products has hit back at the agency's claim for as much as $90 million, alleging it includes jacked-up figures and miscalculations.

  • April 24, 2024

    IP Firm Can't Take Bid To Block Clients' Case To Top Court

    Britain's highest court has rejected a final attempt by Marks & Clerk LLP to block thousands of former clients from bringing a bribery class action over alleged secret commission payments, ruling that the law firm did not put forward any arguable legal challenges that justified an appeal.

  • April 23, 2024

    Advertising Biz Can't Avoid Liability For Billboard Tech IP

    A London appeals court ruled Tuesday that a sports advertising company's digital billboard displays did not analyze pixels in a different enough way to overturn a finding that it infringed a rival's patent for the moving displays.

  • April 23, 2024

    Biotech Gets Rival's DNA-Detection Patents Invalidated

    A London court nixed two DNA sequence detection patents Tuesday, ruling that information available before they were protected would have prompted skilled scientists to make the invention eventually.

  • April 23, 2024

    Novartis Wins TM Fight After Trade Services Linked To Retail

    Altamedics has lost a bid to register a trademark for its name after European officials ruled that buyers would think its products came from Novartis, which had already registered the "Alta" brand for similar pharmaceutical goods.

  • April 23, 2024

    Panasonic Accused Of 'Illegitimate Pressure' In Patent Fight

    Chinese electronics giant Xiaomi asked a London court on Tuesday to prevent Panasonic from suing it in overseas jurisdictions amid a patent dispute, arguing that its Japanese rival is using the threat of injunctions to put pressure on it to accept a licensing deal.

  • April 23, 2024

    Pfizer Says Moderna MRNA Patent Offers Nothing New

    Pfizer urged a London court on Tuesday to revoke one of Moderna's patents for the mRNA vaccine, kicking off the U.K. arm of the global litigation campaign over the central intellectual property behind the COVID-19 jabs.

  • April 22, 2024

    Pfizer, Moderna Set To Tee Off Over COVID-19 Vaccine Patents

    A London court is poised to consider Tuesday whether Pfizer infringed patents that Moderna initially pledged to not enforce, marking the first time a court has weighed in on the topic.

  • April 22, 2024

    Abbott Says Rival Can Make Diabetes Tech Without TM Shape

    An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.

  • April 22, 2024

    EUIPO Sets Out New Policies For TMs With Morality Woes

    The European Union Intellectual Property Office said Friday it has begun the three-month roll-out for new rules governing morality principles in trademark registration, marking the first time the EU has taken a harmonized approach to the subject.

  • April 22, 2024

    Sandoz Gets Jazz's Cancer Treatment Patent Nixed

    Jazz Pharmaceuticals has lost a patent for fat-based drug preparations to treat cancer after European officials ruled that it wasn't innovative.

  • April 22, 2024

    HR Software Giant Can Fight On To Register 'Standout' TM

    American software giant ADP will have a second chance to attempt to register the word "standout" as a trademark in the European Union, even though the bloc's intellectual property authority decided that the mark failed to meet basic trademark requirements.

  • April 22, 2024

    Kirkland-Led Blackstone Bids $1.2B For Music Biz Hipgnosis

    Private equity firm Blackstone has tabled an enhanced $1.2 billion bid for U.K. music royalties investment company Hipgnosis, countering an offer from U.S. royalties firm Concord Chorus.

  • April 19, 2024

    Royal Mail Accuses Developer Of Copying Postcode Database

    Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.

  • April 19, 2024

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

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 19, 2024

    UKIPO Halts Takeoff For Admin-Based Aircraft Docking Patent

    An engineering company cannot protect its aircraft docking invention with a U.K. patent because it is an administrative activity which is outside the realms of patentability, the nation's Intellectual Property Office has ruled.

  • April 19, 2024

    'Oktoberfest' Too Descriptive For Munich To Get TM

    The city of Munich has failed to revive its "Oktoberfest" trademark protections over beer glasses and clothing after a European Union appeals panel ruled that the sign is too descriptive of the festival-inspired style of the goods.

  • April 19, 2024

    5 Questions For Taylor Wessing's Roland Mallinson

    Roland Mallinson had dreamed as a child of becoming an architect, but a teacher set him on a different course, steering him toward the path of civil engineering before he eventually became an intellectual property lawyer.

  • April 18, 2024

    Patent Court Edges Closer To Transparency With Ocado Decision

    The Unified Patent Court gave an early signal this month about its willingness to make proceedings transparent by agreeing to let an outside lawyer see pleadings in a high-profile case, but some lawyers warned that the court had not gone far enough to guarantee openness at the new court.

  • April 18, 2024

    Ericsson Can't Push Lenovo's FRAND Claim Out Of UK

    Swedish telecom Ericsson has failed to force Lenovo's claim over patent licensing terms out of the U.K., as a London judge on Thursday concluded that the English courts are "clearly the most appropriate" forum for the Chinese multinational's case.

  • April 18, 2024

    Dexcom Asks EU Court To Toss Abbott Med Tech Patent

    Medical device maker Dexcom Inc. has asked Europe's patent court to revoke Abbott Diabetes Care Inc.'s patent for glucose monitor screens, firing back at its rival in a sprawling international battle over the technology.

  • April 18, 2024

    Truffle Specialist Can't Protect 'Cipriani Tartufi' TM In EU

    An Italian truffle distributor cannot register his "Cipriani Tartufi" trademark in the European Union because it is too similar to a luxury food specialist's "Cipriani Food" branding, an intellectual property appeals panel in the bloc has ruled.

Expert Analysis

  • Factors To Consider In Protecting Software With Trade Secrets

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    With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.

  • A Look At US Injunctive Relief Trends Amid UPC Chatter

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    While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.

  • Navigating Europe's New Game-Changing Unified Patent Court

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    Europe's recently opened Unified Patent Court has ushered in a new era in patent law focused on the power of provisional relief, and adapting to both broad protections and compressed timelines is essential for plaintiffs and defendants alike, say attorneys at Ropes & Gray.

  • Copyright Trial Defense Tips From 'Thinking Out Loud' Case

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    The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.

  • Getty Case Will Be Pivotal For Generative AI Copyright Issues

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    The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.

  • Global M&A Outlook: Slow But Moving Along

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    Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.

  • Emmentaler Case Elucidates Recipe For EU Food Trademarks

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    In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.

  • Unified Patent Court Advantages Leave US Trailing Behind

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    Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.

  • The Path Forward For Blockchain Patents In The UK And EU

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    The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.

  • USPTO's Speed On Some China Patents Bears A Closer Look

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    While all U.S. Patent and Trademark Office expedited programs are meant to be examined in the same manner, a survey of Patent Prosecution Highway actions indicates some examination processes may favor applications originating in China, says Julie Burke at IP Quality Pro.

  • French And UK Patent Litigation Will Likely Influence The UPC

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    The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.

  • AI-Fueled Innovation Poses Patentability Challenges

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    Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.

  • Benefits Of Unified Patent Court Compared To Local Litigation

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    Recently opened for business, the Unified Patent Court offers a faster, cheaper and more streamlined solution to handle patent disputes compared to EU countries and the U.S., and could become the most important forum for patent litigation in Europe, if not worldwide, say lawyers at McDermott.

  • Global Issues In EU's Licensing Plans For Essential Patents

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    Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.

  • EPO Decision Adds To Sparse Case Law On Core AI Patents

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    The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.

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