Intellectual Property UK

  • June 11, 2024

    Royal Mail Accused Of Monopoly In Address Database Dispute

    A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.

  • June 10, 2024

    University, Astellas Fight To Keep Prostate Cancer Patent

    The University of California's governing board clashed with three generic-drug makers trying to revoke the institution's patent for a prostate cancer drug in a London court Monday, arguing that the institution's patent should be ruled to be innovative and not obvious.

  • June 10, 2024

    InterDigital Says Court Lowballed Lenovo FRAND Rate

    Counsel for InterDigital told a London appeals court Monday that a trial judge failed to adjust for "heavy discounts" on past sales when determining a fair, reasonable and non-discriminatory licensing rate for Lenovo to pay for a suite of its essential wireless technology patents.

  • June 10, 2024

    Frozen Cocktail Biz Melts Gelato Chain's 'Amori' TM Protests

    A gelato chain cannot block a frozen cocktail company from registering its "Amori Gelato Cocktails" trademark because there's no real risk of consumers confusing the mark with its earlier "Amorino" sign, the U.K. Intellectual Property Office has ruled.

  • June 10, 2024

    Gilead Beats Fresh Challenge To Hepatitis C Drug Patent

    Gilead Pharmasset LLC has beaten a challenge from a group of pharmaceutical rivals to its patent for a hepatitis C drug, dealing a fresh blow to medical nonprofits that have fought to open the door to cheaper generics.

  • June 10, 2024

    Oil Well Plugging System Does Not Infringe Rival's Patent

    Two technology companies have won a declaration that their oil well plugging device does not infringe a rival's patents over similar tech, convincing an intellectual property officer that the systems "wash" disused wells in different ways.

  • June 10, 2024

    Luxembourg Research Institute Loses Database Patent Bid

    A Luxembourg research organization on Monday lost its bid to register a patent for algorithms for updating databases, with a European Patent Office appeals board concluding that the method was obvious to a person skilled in computing.

  • June 10, 2024

    Amazon Sold Facial Tech To Russia, Ex-Employee Alleges

    A former Amazon worker has alleged that the technology giant sold facial recognition software to a Russian company in violation of U.K. sanctions.

  • June 07, 2024

    Crypto Developers Fight To Gag Wright After 'Satoshi' Trial

    A group of cryptocurrency asset developers urged a London judge on Friday to order Australian computer scientist Craig Wright to never again assert that he is the pseudonymous inventor of bitcoin Satoshi Nakamoto, arguing it was the best way to end his "campaign of dishonesty."

  • June 07, 2024

    5 Questions For Finnegan UK TM Chief Clare Cornell

    Clare Cornell, the head of Finnegan Henderson Farabow Garrett & Dunner LLP's trademark group in London, talks to Law360 about the appeal of working on trademarks and how Finnegan's practice has evolved since she joined in 2016.

  • June 07, 2024

    Patent Firm Seeks To Ax Claim Over £1.5M Settlement Advice

    Patent solicitors Atkinson Wheller Ltd. asked a court Friday to throw out a negligence claim brought on behalf of a former client, because the deed transferring the claim to a law firm was "void and unenforceable."

  • June 07, 2024

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

    The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.

  • June 07, 2024

    Nestlé Loses EU Patent For Sterile Baby Food

    The appeals division of the European Union's patent authority has pulled the plug on a patent owned by Nestlé for a type of sterilized baby food after a German law firm persuaded an appeals board that it was too vague.

  • June 07, 2024

    BASF Loses Bid To Block Rival's Plastics Patent

    Austrian plastics maker Borealis has fought off BASF's second attack on a patent related to a commodity plastic used in products like surgical masks, after European officials ruled that the combined use of specific components was inventive.

  • June 06, 2024

    UK, US Team Up On Standard-Essential Patents

    The U.S. Patent and Trademark Office and U.K. Intellectual Property Office each announced a five-year agreement Thursday to collaborate on policy for standard-essential patents.

  • June 06, 2024

    'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say

    BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."

  • June 06, 2024

    Romania Becomes 18th EU State To Join Unified Patent Court

    European officials said Wednesday that Romania has joined Europe's unitary patent system after ratifying the agreement just ahead of its first anniversary.

  • June 06, 2024

    Abbott Asks UPC To Nix Dexcom Glucose Monitor Patent

    Abbott Laboratories has asked Europe's patent court to revoke a Dexcom patent over a glucose monitoring system, the latest rift between the rivals as they vie for dominance of a multibillion-dollar market.

  • June 06, 2024

    Patent Trial Over AstraZeneca Unit Soliris Drug Set For 2025

    A London judge Thursday agreed to list a quarrel among three pharmaceutical companies over Alexion's patent for a drug that treats rare blood diseases for trial in early 2025, finding there is "some degree of urgency" to resolve the dispute.

  • June 06, 2024

    Regeneron Sees Infringement In Rivals' Biosimilar Eye Meds

    Regeneron has defended the validity of its U.K. eye medicine patents in a London court amid a feud with a biosimilars specialist and its licensing partner, alleging that their plans to market an alternate version will infringe its exclusive right to produce the drug.

  • June 06, 2024

    Artist Claims Royalties For Queen's Holographic Portrait

    The artist behind a holographic portrait of the queen has fought allegations of copyright infringement, accusing the arts charity that commissioned him of exhibiting some other works for over a decade without paying him.

  • June 05, 2024

    K&L Gates Adds Ex-Norton Rose IP Team In Frankfurt

    K&L Gates LLP has bolstered its intellectual property practice in its 30-attorney Frankfurt office with the addition of a team from Norton Rose Fullbright LLP, including a partner who works closely with fashion and luxury product clients.

  • June 05, 2024

    Nestle Can't Get 'Vitaliv' TM Due To Existing Vita-Cola Brand

    Nestle has lost its bid to get a trademark for a range of "Vitaliv" branded beverages, after European officials ruled that it wasn't distinct enough from a German rival's "Vita-Cola" sign to stop buyers from confusing the two.

  • June 05, 2024

    Swiss Bank Escapes Investor's Unlawful Conspiracy Claim

    Lombard Odier has partially succeeded in blocking the claims of an investor who says the private bank withheld inside information about the merits of a British nanotech company's U.S. legal dispute with Samsung to convince him to buy shares in the company just before its price tanked.

  • June 05, 2024

    Amgen Defeats Challenge To European Heart Drug Patent

    Amgen and fellow biotech company Cytokinetics fought off a second attack on a potential new treatment for heart failure, as European patent officials ruled that the benefits of a specific salt they used were unexpected and inventive.

Expert Analysis

  • 10 Things To Know About The Coming EU Unified Patent Court

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    When the Unified Patent Court opens next year, it will represent a paradigm shift for adversarial patent proceedings in Europe, and practitioners should familiarize themselves now with this new, centralized litigation system, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • 7 Key Takeaways For Litigating Willful Patent Infringement

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    Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v. Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law.

  • Trademark Ruling Brings Clarity To Product Defect Liability

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    The recent Court of Justice of the EU ruling in Fennia v. Philips, its first concerning the trademark aspect of producer liability in Article 3(1) of Directive 85/374, brings greater clarity to the question of compensation in the event of a claim for defective products, say Radboud Ribbert and Thomas van Weeren at Greenberg Traurig.

  • Appointments Shape EU Unified Patent Court Before Launch

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    A series of judiciary appointments at the EU Unified Patent Court help put the court on track for its April opening, while also reflecting a patent-friendly enforcement system, say attorneys at Baker McKenzie.

  • 5 Considerations In Preparing For EU's New Patent System

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    With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • Reexamining Negative Limitations After Novartis Patent Ruling

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    The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.

  • UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent

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    The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.

  • Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

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    The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

  • Dutch Merger May Promote Behavioral Remedies Across EU

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    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.

  • How Will UK Address AI Patent Infringement?

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    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.

  • Law Commission's 'Data Objects' Proposal Is Far-Reaching

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    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.

  • UK Rulings Give Chinese Courts Wide Powers In IP Disputes

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    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.

  • Swatch V. Samsung Offers IP Warning To Platform Operators

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    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.

  • Opinion

    The USPTO Should Give Ukraine Even More Help

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    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.

  • International Law May Protect Foreign Investors In Russia

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    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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