Matthew Naylor - April 22, 2024 UPC Weekly - Language of proceedings at the UPC 2024 Week 16 This week we focus on the language of proceedings at the UPC, considering when the ...
Matthew Naylor - April 15, 2024 UPC Weekly - Time-dependent transparency of UPC proceedings? 2024 Week 15 The week saw the Court of Appeal issue its decision on public access to court file ...
Matthew Naylor - April 10, 2024 UPC Weekly - Mind your costs 2024 Week 14 The UPC Court of Appeal issued a collection of five appeal decisions on 3 April 2024 ...
Matthew Naylor - April 3, 2024 Public access to UPC proceedings When the UPC was set up, a basic tenet was set out in Article 45 of the UPC Agreement, that the ...
Eliot Ward - October 4, 2023 UPC at four months old - a review The UPC is now four months old and the Court of First Instance is already quite busy. As of 4 ...
Sean Jauss - September 29, 2023 Beware the front-loaded procedure! The Unified Patent Court (‘UPC’) opened its doors on 1 June 2023. It is a new court in the European ...
Tom Furnival - August 10, 2023 UPC as a forum for SEP disputes – Panasonic kick off proceedings With the UPC opening its doors just over two months’ ago, the IP profession has been keenly ...
Rebecca Anderson-Smith - August 4, 2023 Court of Appeal confirms filing a trade mark cancellation action does not ‘stop the clock’ on acquiescence In our “Pharma trade marks: 2022 case law round up” (written towards the end of November 2022) we ...
Thomas Wolter - July 6, 2023 Beating the Punch: UPC Protective Letters The Unified Patent Court (UPC) is now operational. As of June 1, 2023, patentees can enforce ...
Sean Jauss - July 5, 2023 Litigation in the Unified Patent Court (UPC) The UPC is a new European patent litigation court. It will provide a single forum for the ...
Sean Jauss - June 27, 2023 UPC Administrative Committee approves Milan as host of the third Central Division court The UPC Administrative Committee has announced that Milan will host the third seat of the UPC’s ...
David Fyfield - June 19, 2023 IPEC Small Claims moving to Manchester The Presiding Judge of the Intellectual Property Enterprise Court (‘IPEC’) has issued a Practice ...
Karolina Fryzlewicz - June 8, 2023 Katy Perry v Katie Perry: Use of famous personalities’ names in commerce Brand owners who build brands under their own name unsurprisingly attach great importance to how ...
Emily Sullivan - June 2, 2023 EUIPO vs “EMMENTALER” Trade mark courts worldwide spend a good deal of time deciding what trade marks cheese ...
Rebecca Anderson-Smith - April 20, 2023 High Court finds Tesco Clubcard Prices logo infringes Lidl’s trade mark The High Court of England and Wales yesterday (19 April 2023) held that Tesco has been infringing ...
Jacqueline Murphy - November 29, 2022 Patent Litigation Trends in England & Wales - new report We are delighted to release our latest report Patent Litigation Trends in England and Wales.
Matthew Naylor - September 23, 2022 UPC: Rules of Procedure finalised and in force The Unitary Patent Court now has a revised set of Rules of Procedure. These came into force on 1 ...
Urs Ferber - March 16, 2021 Patent litigation in Germany - an overview Germany – Europe’s largest economy – is an important market with respect to sales and investments ...
Andy King - March 15, 2021 A perfect score for British Gymnastics at IPEC The national governing body (NGB) for gymnastics in the UK, British Gymnastics, has announced that ...
Joe McAlary - February 22, 2021 HALLOUMI v BBQLOUMI – General Court rules that there is no likelihood of confusion In a long running dispute over the marks “HALLOUMI” and “BBQLOUMI”, the General Court, having had ...
Christoph Moeller - December 1, 2020 Düsseldorf Regional Court refers Nokia vs. Daimler licensing dispute to CJEU As anticipated, the Düsseldorf Regional Court, in its decision Nokia ./. Daimler (4c O 17/19) ...
Tanis Keirstead - November 27, 2020 Further constitutional challenges to Unified Patent Court Agreement On 26 November 2020, the German Bundestag approved the ratification bill for the Unified Patent ...
Andy King - October 22, 2020 Three-dimensional Ferrari trade mark driven to partial cancellation EUIPO Cancellation Division partially cancels trade mark consisting of a three-dimensional ...
Edmund Harrison - September 18, 2020 Bad Faith at the UK IPO – a review of recent cases The recent Sky v SkyKick case has put a renewed focus on the issue of “bad faith” at the UK IPO. ...
Rebecca Anderson-Smith - September 18, 2020 Banksy’s ‘Flower Thrower’ trade mark cancelled for bad faith A recent decision of the European Union Intellectual Property Office (EUIPO) has seen a trade mark ...
Nick Sutcliffe - September 11, 2020 Pepper decision means conventionally bred plants and animals get a chilli reception at the EPO Dr Ben Tolley and Dr Nick Sutcliffe of the Life Sciences team look at the extensive ramifications ...
Andy King - September 11, 2020 Jaguar Land Rover unable to defend three-dimensional trade mark before the UK High Court UK High Court (HC) upholds decision of UK IPO to refuse registration of Jaguar Land Rover (JLR)’s ...
Karolina Fryzlewicz - August 27, 2020 General Court annuls the decision of EUIPO Board of Appeal in invalidity case involving Louis Vuitton’s well-known chequerboard print General Court (GC) in Case T-105/19 confirms EUIPO Board of Appeal (BoA) is not precluded from ...
Tom Furnival - August 26, 2020 Unwired Planet v Huawei – the Supreme Court’s FRAND(ly) judgement Published Wednesday 26th August 2020, the Supreme Court has handed down their long anticipated ...
Simon Kiddle - August 20, 2020 Oppositions & Appeals: we helped clear a new path to patenting dosage regimes Case 10 – T 1020/03 (EPO Board of Appeal, 29 October 2004)
Christoph Moeller - August 18, 2020 Nokia vs. Daimler - FRAND defence does not apply Breaking News in Nokia vs. Daimler (2 O 34/19) - (FRAND/SEP case)
Emily Sullivan - August 10, 2020 Is Sky the limit in the David versus Goliath trade mark battle of the last decade? Hilda-Georgina Kwafo-Akoto examines the potential implications of Sky v Skykick.
Sofia Arenal - July 28, 2020 Oreo vs Twins - the biscuit wars Since 2015, two major biscuit manufacturers, have been doing battle, first at the EUIPO and then on ...
Seán Walton - July 24, 2020 Oppositions & Appeals: novelty of a patient sub-population Case 9 – T 734/12 (EPO Board of Appeal, 17 May 2013)
Christoph Moeller - July 15, 2020 Landmark judgement in German FRAND case Sisvel vs. Haier On May 5, 2020, the Cartel Senate of the German Federal Supreme Court (BGH) held the oral hearing ...
Nick Sutcliffe - June 29, 2020 Supreme Court confirms strict line on insufficiency in the UK On 24 June 2020, the UK Supreme Court (UKSC) confirmed the UK courts’ strict approach to sufficient ...
Simon Kiddle - June 29, 2020 Oppositions & Appeals: we helped determine the meaning of “surgery” Case 8 – T 1695/07 (EPO Board of Appeal, 28 September 2011)
Edmund Harrison - June 18, 2020 Life after Skykick: where next for wide specification filings at the UK IPO and EU IPO? This article examines some of the issues around the concept of use and intention to use a trade ...
Simon Kiddle - May 18, 2020 Oppositions & Appeals: We helped shape the debate on medical use claim patentability Case 7 – T 879/12 (EPO Board of Appeal, 27 August 2014)
Thomas Driver - May 14, 2020 BREAKING: G3/19 – an end to the plant patentability saga? On 14 May 2020, the Enlarged Boards of Appeal of the European Patent Office released their decision ...
Simon Kiddle - April 27, 2020 Oppositions & Appeals: We moved the conversation on animal involvement Case 6 – T 1262/04 (EPO Board of Appeal, 13 July 2012)
Emily Sullivan - April 22, 2020 The CJEU delivers the sweet fragrance of victory to Amazon On 2 April 2020 the Court of Justice of the European Union (CJEU) delivered its preliminary ruling ...
Tanis Keirstead - March 26, 2020 German Constitutional Court Verdict: Stumbling Block or Death Knell for the UPC? On 20 March 2020, three years after the challenge was originally brought, the German Constitutional ...
Seán Walton - March 12, 2020 Oppositions & Appeals: We set the standard for the strawman Case 5 - T 649/92 (EPO Enlarged Board of Appeal, 2 July 1996)
Rebecca Anderson-Smith - March 5, 2020 Latest in Halloumi trade mark dispute In July 2014, Bulgarian company M. J. Dairies EOOD filed a European Union trade mark application ...
Andy King - February 20, 2020 Sky v Skykick - status quo remains for trade mark owners Background Sky, the TV, broadcasting, media and telecommunications giant, brought infringement and ...
Richard Clegg - February 12, 2020 Oppositions & Appeals: we opened the door for different types of data to support a medical use Case 4 - T 801/06 (EPO Board of Appeal, 4 March 2009)
Simon Kiddle - January 29, 2020 Oppositions & Appeals: We made the case for a new technical effect Case 3 - T 1642/06 (EPO Board of Appeal, 23 August 2007)
Sean Constable - January 17, 2020 EPO Board of Appeal confirms Broad Institute’s CRISPR patent lacks priority and upholds revocation decision In one of the most high profile cases of recent years, a European Patent Office (EPO) Board of ...
Andy King - December 4, 2019 Rubik’s Cube trade mark in puzzling General Court decision This article was originally published on the CITMA website. View the original article here. Ruling ...
Kate O'Rourke - December 2, 2019 The Aboriginal flag dispute in focus: who owns the right to use? The Australian government is considering whether to compulsorily acquire the rights to use the ...
Rebecca Anderson-Smith - November 27, 2019 General Court annuls incorrect interpreted specification of trade mark We are delighted to report that our client Alliance Pharmaceuticals Limited has been successful in ...
Seán Walton - November 11, 2019 Oppositions a case to remember: we forced a fuller view of technical features Case 1 – T 1859/08 ( EPO Board of Appeal, 5 June 2016)
Katherine Green - October 30, 2019 Oppositions - a case to remember. Flexibility around added matter Case 2 – T 0099/13 (EPO Board of Appeal, 14 January 2016)
Tom Furnival - August 7, 2019 A case in point - Trunki vs Kiddee Rob Law, the founder and chief executive of Magmatic who make the Trunki product, said that the ...
Andy King - July 31, 2019 Cultural (mis)appropriation in trademarks: can (and should) you register culturally sensitive names? Andy King, Partner and Trademark Attorney at Mewburn Ellis, discusses the controversial issue of ...
Kate O'Rourke - June 21, 2019 Three-stripes and you’re out: Adidas lose trade mark battle Adidas’ famed three-stripe logo has been deemed as lacking “distinctive character”. The General ...
Rebecca Anderson-Smith - April 3, 2019 Babybel trade mark blow The UK Intellectual Property Office (UKIPO) has dealt a blow to the owners of Babybel cheese, ...
Emma Kennaugh-Gallacher - January 28, 2019 Google issued with €50 million fine by CNIL for data protection practices The French counterpart to our own Information Commissioner, the Commission nationale de ...
Rebecca Anderson-Smith - December 6, 2018 Significant blow to Cadbury in purple trade mark battle Cadbury has been dealt a blow by the Court of Appeal in its battle to maintain its trade mark for ...
Ashley Cresswell - August 1, 2017 UK Supreme Court Establishes Doctrine of Equivalents in Actavis v Lilly In many jurisdictions a product or process may be held to infringe even though it falls outside the ...