Intellectual Property UK

  • April 17, 2024

    Toto's Toilet Patent Flushed Over Obviousness

    A Japanese toilet maker failed to secure a patent for a cleaning device placed above toilet seats, after European officials ruled that a skilled person would have eventually combined previous inventions to make its key features.

  • April 24, 2024

    Fieldfisher Goes On German Media, Tech And IP Hiring Spree

    Fieldfisher LLP has recruited 11 lawyers across its German offices, including several new partners, to boost its intellectual property offerings, and strengthen its position in the media sector.

  • April 16, 2024

    IBM Gained Most AI Patents By Far In 2023

    IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday.

  • April 16, 2024

    Granta Can't Patent Purported Chemical Composition Checker

    Ansys Granta can't patent a system that it asserted could estimate the chemical composition of products ranging from toys to engines, as European officials have ruled that the system merely carries out math calculations based on prestored information rather than solving a technical problem.

  • April 16, 2024

    Pornhub Owner Makes Fresh Bid To Nix Dish's Patents

    Adult entertainment outfit Pornhub's parent company Aylo has hit U.S. satellite television network Dish with a claim to revoke two of the network's U.K. patents, the latest volley in the international streaming technology patent dispute between the two companies.

  • April 16, 2024

    Semiconductor Maker Accuses Intel Of Infringing Chip Patent

    Semiconductor maker R2 told a London court Tuesday that major tech rival Intel has infringed its computer chip technology, arguing that it has a valid patent over a technology that allows computer processors to avoid voltage spikes.

  • April 15, 2024

    AGA Accused Of Trying To 'Control' Aftermarket With IP Claim

    A company that makes and fits electronic conversion kits for AGA Cookers has told a London court that the high-end oven maker's copyright and trademark claim is just a bid to control aftermarket sales for its units.

  • April 15, 2024

    'MontyPay' TM Denied Due To Indirect Confusion

    Monty Global Payments stopped Monty Finance from registering a trademark with the "Monty" name after British officials ruled that there was a risk consumers would think their products were connected.

  • April 15, 2024

    Durex Maker Can't Get '4 Play' TM In EU

    A Reckitt Benckiser Group PLC unit lost its bid for trademark protection over its lubricant brand "4 Play" in the European Union, with the bloc's intellectual property authority saying that the mark is no more than an "obvious descriptive message" about the purpose of the products.

  • April 15, 2024

    Security Biz Rescues 'Smart Living Prepared' EU TM Hopes

    A security company can proceed with its "Smart Living Prepared" trademark application, after proving that consumers would not confuse the sign with a British business owner's "Smart Ready" sign, a European Union appeals panel said on Monday.

  • April 15, 2024

    'Artisan' Businesses Too Different For TM Confusion

    A U.K. wholesaler of artisanal foods has beaten a challenge to the trademark for its logo by an advertising agency after the U.K. Intellectual Property Office ruled the companies have drastically different business models.

  • April 12, 2024

    Split PTAB Panel Upholds QinetiQ Fracking Patent

    A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.

  • April 12, 2024

    CJEU Grand Chamber To Hear Patent Jurisdiction Referral

    The EU's highest court is set to hear arguments on whether a member state has authority to hear patent invalidity defenses for foreign patents, in a rare instance of a patent referral made to the court's 15-judge grand chamber.

  • April 12, 2024

    US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds

    U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.

  • April 12, 2024

    BAT Survives Vape Patent Attack Unsinged

    British American Tobacco defeated a challenge to one of its European vape patents, with officials ruling that it was innovative as previous inventions hadn't thought of obtaining pressure readings with a direct temperature sensor.

  • April 12, 2024

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

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    6 Questions For Steve Howe, Reddie & Grose's New Chairman

    Steve Howe, Reddie & Grose LLP's new chairman, told Law360 that a growing number of clients are turning to the firm for advice on inventions that involve the use of artificial intelligence technology. Here, Howe talks about IP with Law360.

  • April 12, 2024

    Candy Crush Creator Pulverizes Rival's 'Candygame' TM

    The creator of Candy Crush has won its fight to block a rival mobile game developer from registering a "Candygame" trademark, with a European Union patent authority concluding that the rival's brand could take unfair advantage of its fame.

  • April 12, 2024

    Bayer Loses UK Protections For Billion-Dollar Blood Thinner

    A London court on Friday invalidated Bayer AG's patent for its best-selling blood thinner Xarelto, agreeing with an array of generic drugmakers that the German pharmaceutical giant had given away too much information in conference materials about the drug before seeking protections.

  • April 11, 2024

    Plus-Size Clothing Retailer Sues Over Alleged Knockoffs

    A British fashion retailer has accused a London-based garment supplier of selling knockoffs of its "Yours" and "Yours Curve" plus-size women's clothing brands with a "Yours Curvy" line of products.

  • April 11, 2024

    Dolce & Gabbana Gets 'K' TM Despite Kappa Challenge

    Sportswear maker Kappa failed to prove that consumers buying Dolce & Gabbana cosmetics stamped with a "K" trademark would mix up their brands, after European officials ruled that the signs were just too different to create a risk of confusion.

  • April 11, 2024

    Cable Biz Risks Losing Obvious Earthing Nut Patent In UK

    A cable products business is facing losing its electrical earthing nut patent protections in the U.K. after officials ruled that the device's shape and conductivity technology did not provide a sufficient leap from earlier patents.

  • April 25, 2024

    Mishcon Hires IP Pro Angela Fox From Maucher Jenkins

    Mishcon de Reya LLP said Thursday that it has recruited the former head of dispute resolution at Maucher Jenkins to its intellectual property team, boosting its strengths in a full spectrum of trademark, copyright and design matters.

  • April 11, 2024

    AI Music Biz Faces Rocky Road In Record Label IP Dispute

    If U.K. record labels follow through on a threat to sue AI music company Jammable, experts say the country's first copyright claim over music deepfakes could prove harder to defend than other IP disputes over the new technology.

  • April 11, 2024

    Hendrix Bandmates Have No Claim To Copyright, Sony Says

    The U.K. arm of Sony has hit back at the estates of the former bandmates of Jimi Hendrix in their ongoing copyright feud over the group's back catalog, alleging that the pair consented to producers taking control.

Expert Analysis

  • A Deep Dive Into EU Unified Patent Court Policy

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    Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.

  • AI And Copyright: Tracking The Ownership Issues

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    The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

  • How Ed Sheeran's Serenade May Have Swayed The Jury

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    While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.

  • An Overlooked Tool To Fight USPTO 'Restriction'

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    Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.

  • Opinion

    AI-Generated Works Should Not Have Copyright Protection

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    The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.

  • Examining The New UK Service Guidance For TM Proceedings

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    A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

  • A Look At M&S' Registered Design Claim Win Against Aldi

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    Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.

  • UK Teva Ruling Brings Patent Remedy Into Question

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    Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.

  • How CJEU Case Shifts TM Liability For Platforms Like Amazon

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    The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, say Louisa Chambers and Helen Reddish at Travers Smith.

  • Europe's New Unitary Patent System Will Affect IP Agreements

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    Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.

  • EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.

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    The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.

  • A Look Ahead At Key UK Intellectual Property Cases

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    Anticipated 2023 U.K. intellectual property decisions include robotics, artificial intelligence, and clean energy matters that have also been heard in the U.S., while other areas to watch include global fair, reasonable and nondiscriminatory issues, as well as COVID-19 patent litigation, say Tom Oliver and Claire Robinson at Powell Gilbert.

  • Lessons That May Be Learned From The Demise Of

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    With going into administration, companies that may face similar challenges should take on board that the earlier adequate preemptive planning is considered, the more financial and legal options there will be to avoid last minute firefighting and to focus instead on strengthening the business, says Eleni Michaela at Faegre Drinker.

  • Teva Case Aims Europe's Pharma Crackdown At IP Loophole

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    The European Commission's recent allegations against Teva signal not only the EU competition watchdog's continued focus on intellectual property violations in the pharmaceutical sector but also its new enforcement interest in exclusionary disparagement, say Robert Bell and Malgorzata Janiec at Armstrong Teasdale.

  • Determining Whether To Opt Out Of New Unified Patent Court

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    The new United Patent Court, made up of judges from all European Union member states, will cover the new unitary patent and European patents unless the owner chooses to opt out during the transition period, so patent proprietors must consider whether to opt out for each patent family, say Steffen Steininger and Anna-Katharina Friese-Okoro at Hogan Lovells.

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