Intellectual Property UK

  • July 15, 2024

    ATM Network Says 'Link' TM Extensively Used In UK

    The main ATM network in the U.K. has hit back at Stripe over allegations that its trademark name "Link" should be revoked for lack of use and said the mark has been employed extensively within the country.

  • July 15, 2024

    AstraZeneca Unit Defends Soliris Patent Against Invalidity Bid

    Alexion has hit back at a claim by Amgen that its patent over Soliris is invalid, arguing in a London court that the formula for the rare blood disease treatment was not obvious based on earlier patents and publications.

  • July 15, 2024

    McCain Rescues Smiley Face EU TM Amid Clash With Rival

    McCain has kept hold of its smiley potato face trademark after convincing an appeals panel that the sign is sufficiently distinctive, overcoming a claim by a rival food distributor that the design was "customary" in the food sector when it filed for the trademark.

  • July 12, 2024

    InterDigital Appeal 'Shifts Needle' To Balance FRAND Process

    The Court of Appeal's much-anticipated ruling in InterDigital and Lenovo's dispute over fair, reasonable and non-discriminatory licensing fees for standard-essential patents goes a ways to address inconsistencies and establish a middle course for rate-setting going forward, lawyers say.

  • July 12, 2024

    InterDigital Gets $240M In FRAND Dispute With Lenovo

    A London appeals court ordered Lenovo to pay $240.1 million to InterDigital on Friday for a license to use its standard essential patents covering wireless technologies, resolving a lengthy dispute over fair and nondiscriminatory license terms.

  • July 12, 2024

    Mars Beats Nestlé Challenge Over Tasty Kibble Patent

    Mars can keep an amended patent for dry pet food that remains tasty with low phosphate concentrations, after European officials rejected Nestlé's arguments that the ingredients used weren't new.

  • July 12, 2024

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

    This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.

  • July 12, 2024

    Arkema's Adhesive Patent Comes Unstuck At EUIPO

    A French metal supplier has had its European patent over an adhesive technology revoked by the bloc's intellectual property watchdog, with the board saying the technique would be obvious to any skilled person in the material binding industry.

  • July 12, 2024

    Rock Bands Sue PRS Over 'Abusive' Music Licensing Regime

    Three rock bands and their rights management company have sued the Performing Right Society at a London court for allegedly abusing its dominant market position by imposing onerous fees and requirements on its members.

  • 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.

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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