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Intellectual Property UK
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December 02, 2024
UK Top Court To Assess Whether AI Tech Can Be Patented
The U.K.'s highest court will weigh in on whether an artificial intelligence company's invention constitutes a computer program, in a high-profile case that could set new patentability guidelines for the technology.
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December 02, 2024
Spanish Department Store Trims Linen Maker's 'Sferra' TM
A fashion brand owned by Spanish department store giant El Corte Inglés has scored a partial win in its challenge to a trademark application by a linen company for its "Sferra Bros" logo, as appellate officials found they sell similar products.
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December 02, 2024
Medtech Biz Gets 2nd Shot At Breast Biopsy Imaging Patent
A U.S. medical company specializing in women's health will get another chance to convince officials at a European patent authority that its patent for breast imaging to identify biopsy areas is a new idea.
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December 02, 2024
Footballer Thierry Henry Scores Costs In Arsenal TM Feud
Former professional footballer Thierry Henry has won £4,700 ($6,000) to cover the cost of defending a bid by an "unprofessional" trademark applicant to use his name on an Arsenal-themed badge.
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December 02, 2024
Tesla Relaunches FRAND Fight With InterDigital On Appeal
Tesla has relaunched its fight against InterDigital and patent pool operator Avanci over licensing terms for 5G patents, telling a London appeals court on Monday that a U.K. judge should decide a fair price for licenses.
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December 02, 2024
Microsoft's Virtual Reality Hardware Patent Is Tossed At EPO
Microsoft cannot get a patent over its way of running virtual machines because it is not an inventive step forward from one of its own earlier applications, a European appeals board said in a decision released Monday.
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December 02, 2024
UK Dairy Body Prevents Oatly From Using 'Milk' In TM
Oat-drink maker Oatly AB has lost its latest fight with the British dairy industry association to register a "Post Milk Generation" trademark, as a London appeals court ruled that the Swedish company cannot use the protected term "milk" in its branding.
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November 29, 2024
Microsoft Beats Bid To Ax Defense To £270M Antitrust Claim
Microsoft defeated a bid by a software reseller to strike out some of the defenses of the technology giant to a £270 million ($343 million) antitrust claim, after a U.K. tribunal ruled that the arguments should be heard at trial.
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November 29, 2024
Fabric Maker Wins Back EU Patent For Microphone Filter
An Italian fabric manufacturer has convinced the appellate board of the European patent authority that its patent for a type of filter used on audio equipment is innovative, defeating a rival's claim that an industry expert could work out the same technique.
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November 29, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the National Crime Agency file a civil recovery order against a Chinese couple suspected of £29 billion ($37 billion) banking fraud, Norwich City FC of the second tier of English football hit two drinks companies with IP claims, and Owen Jones of the Guardian newspaper sue Telegraph columnist Allison Pearson for libel.
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November 29, 2024
EU Court Blocks Swiss Wine Merchant's Bid To Reinstate TM
A Swiss wine merchant has failed to persuade a European court to overturn a decision by intellectual property officials, who rejected its trademark for the name of an Italian red wine, as it agreed that the trademark was no more than a promotional message.
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November 29, 2024
Apollo Accused Of Confidential Info Misuse In Wagamama Bid
Apollo Global Management is facing allegations in a London court that it misused an investment company's confidential information to mount an acquisition in 2023 of The Restaurant Group, the owner of Wagamama Asian food restaurants.
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November 28, 2024
Coca-Cola's Rare Sugar Drink Patent Goes Flat At EPO
Coca-Cola has lost its European patent for a type of sugary drink after rival Danone and a Norwegian law firm convinced patent officials that the soft drinks giant's invention was not better than an older patent.
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November 28, 2024
Vacation Co. Denies Avoiding Wyndham Hotels' TM Royalties
A vacation group has denied that it is avoiding paying hotel chain operator Wyndham at least approximately $6.5 million a year in royalties and administration fees, claiming Wyndham knew that the group had no interest in using its trademarks.
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November 28, 2024
Aldi Nixes Spanish Furniture Maker's Bid For 'Andi' TM
German supermarket chain Aldi has succeeded in blocking a Spanish furniture company's "Andi" trademark as the European Intellectual Property Office found that the one-letter difference was not enough to stop consumers from confusing the two companies.
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November 28, 2024
Nestle Hit By Setback In Spat Over 'Fitness' TM
A rival of Swiss confectionery giant Nestle has won a long-running battle over its "Fitness" trademark as a European court ruled that previous officials had reinstated the mark using shoddy legal reasoning.
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November 27, 2024
'The Olympics' Trademark Narrowed By EU In Casino Dispute
A Baltic casino chain has convinced European officials to cut down protections for the International Olympic Committee's "The Olympics" trademark, after arguing that the Olympics organizers only used the mark for entertainment and sports activities.
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November 27, 2024
Dunhill Nixes Chinese Rival's 'Genhill' Mark In EU
The British luxury goods brand Dunhill has won its challenge against a Hong Kong-based company's "Genhill" trademark after the European Union's Intellectual Property Office ruled that the marks may be confused by Greek-speaking people.
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November 27, 2024
GSK Gets 2nd Shot At Patenting Protein Purification
GSK has won a second shot to revive a patent covering a protein purification method after European appellate officials ruled that the firm's amendments could make the cut if examiners reconsidered it.
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November 27, 2024
Nestle Loses Challenge Over Coffee Drink Patent On Appeal
Nestle has lost a patent for a coffee beverage, with European appellate officials ruling that one of its claims relating to coffee oil content wasn't clear enough to clear the hurdle for protection, scoring a victory for a Dutch rival.
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November 27, 2024
Giorgio Armani Loses 'Emporio Baby' EU Trademark
European trademark officials have pulled the plug on an "Emporio Baby" trademark owned by Armani, finding that the Milanese fashion brand had not proved that it had used the mark on any of its products over the last five years.
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November 26, 2024
Gifting Co. Smartbox Can't Register 'HAPPYCARD' TM
A gifting company can't register its "HAPPYCARD" trademark for restaurant services, as a European appeals board has decided there is a risk the sign would take unfair advantage of a long-standing competitor's trademark.
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November 26, 2024
Nanotech Co. Loses Patent For Particle Analyzer At EPO
A Swedish company that makes electron-analyzing instruments has persuaded European patent officials to overturn a decision approving a rival's particle analyzer patent because its key elements could be found in older inventions.
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November 26, 2024
Plastics Co. Beats Challenge To Polypropylene Patent
An Austrian plastics manufacturer has won its bid to patent a material it uses to make cups after European appellate officials ruled that its use of high amounts of a special polypropylene harbored previously unknown benefits.
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November 26, 2024
Education Co. Says Ex-Workers Helped Rival Lure Customers
A company which makes software to track primary school pupils' progress has accused its former employees and their new company of enticing customers away by installing tech updates to make it easier to switch providers.
Expert Analysis
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What The Future Of AI In Financial Services Looks Like
Artificial intelligence is rapidly transforming the global financial services industry, with a hybrid model likely to evolve where AI handles routine tasks and humans focus on strategy and decision-making, so financial institutions should work with regulators to establish ethical standards and meet regulatory expectations without stifling innovation, say lawyers at Womble Bond.
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The EU Design System Changes US Cos. Need To Know About
With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.
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What New Int'l Treaty Means For Global AI Regulation
Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.
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HMRC Transfer Pricing Guide A Vital Resource For Businesses
HM Revenue & Customs' recent guidelines on common transfer pricing compliance risks should be required reading for affected businesses in indicating HMRC's expected benchmark for documents and policies, say Tomoko Ikawa and Kapisha Vyas at Simmons & Simmons.
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Comparing Apples To Oranges In EPO Claim Interpretation
A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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UK Approach To AI Patentability Appears Settled For Now
After a High Court ruling upended the status quo last year, the Court of Appeal’s recent decision that Emotional Perception’s artificial neural network is not patentable represents a return to the U.K.’s familiar, albeit often complex, approach to patentability of artificial intelligence technology and computer programs generally, say lawyers at Potter Clarkson.
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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What Future May Hold For AI Innovation In UK Under Labour
Labour’s recent King's Speech was notable in its absence of discussion of a comprehensive artificial intelligence bill, and while this may indicate to many that the UK is open for business, the party’s approach to cross-sectoral engagement will be critical for shaping Britain's AI landscape in the near term, says Alexander Amato-Cravero at Herbert Smith.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
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.