Case Reports

After more than 50 years in the making, the Unified Patent Court finally launches today – 1 June 2023. This represents the most significant development in European patent law and practice since the...

Owners of EP applications and patents will have almost certainly have had requests by now asking whether they wish to opt their patents/applications out of the jurisdiction of the UPC.

Key points: OPT-OUT / OPT-IN / Art. 83 UPCA / TRANSITIONAL REGIMEImmediately prior to the launch of the UPC, there is heated debate among patent owners as to whether or not to declare an "opt-out"...

On 21 and 22 March a panel from EIP Latest hosted an informative webinar where they discussed everything your business needs to know about the effect of the incoming Unitary Patent and Unified Patent...

The grant of a European Patent allows patent rights to be obtained in respect of over 35 states by means of the respective validation procedures for those states.

Following news of Germany's depositing its instrument of ratification of the UPC agreement on 17 February, mark your calendars for 1 June when the Unified Patent Court (UPC) will begin operations in...

The Registry of the Unified Patent Court maintains a number of Registers which are publicly accessible via their website at www.unified-patent-court.org.

Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are:Austria,...

The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date.

The project to establish a Unitary Patent in Europe and a Unified Patent Court to handle patent infringement litigation for European patents is underway again.

In the latest Eli Lilly v HGS ruling, the Court of Appeal has found HGS antibody claims to be sufficient, given the Supreme Court has already held the claims to be capable of industrial applicability.

The Patents Court has issued another judgment expressing dissatisfaction with the CJEU’s ruling in Medeva (C-322/10). In particular, the Court has held that in order to determine if a particular...

A High Court decision last month has provided guidance on how Article 110(1) of the Community Designs Regulation 6/2002/EC, which relates to the protection of designs for component parts of complex...

Woolley v Ultimate Products Ltd[2012] EWCA Civ 1038 (26 July 2012)Upholding a decision of the High Court, the Court of Appeal considered the effect of a licence, consumer confusion “the wrong way”...

In the UK, applications to declare a UK registered design invalid can be filed at the UK Intellectual Property Office (UKIPO), whereupon the case is decided by a Hearing Officer of the UKIPO acting...

The UK Intellectual Property Office (UK IPO) has recently published a consultation document on the proposed reform of the UK Designs Legal Framework.

A Patents County Court judgment by HHJ Birss QC in Gimex v Chill Bag provides guidance on whether the indication of the product in a registered design has any bearing when assessing validity and...

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2012] EWHC 1722 (Ch)In a wider action concerning the alleged infringement of two of Interflora’s trademarks through Marks & Spencer’s use of...

On 4 July in Phillips v Mulcaire [2012] UKSC 28 the Supreme Court of the United Kingdom gave judgment on two key issues regarding the privilege against self-incrimination.

The Court of Appeal recently allowed an appeal by Budejovicky Budvar Narodni Podnik (BB), against a decision that found its “Budweiser” mark invalid following an attack by Anheuser-Busch (AB) which...

(HTC Europe Co Ltd v Apple Inc [2012] EWHC 1789).A further decision in the so-called “smartphone wars” was issued by the High Court recently in relation to a patent dispute between HTC Europe Co Ltd...

In addition to an earlier summary by Darren Smyth of the ruling in Generics (t/a Mylan) v Yeda and Teva, Darren has provided further analysis for the IPKat.

Today’s ruling by Mr Justice Arnold (Patents Court, England and Wales) in Generics (t/a Mylan) v Yeda and Teva has been summarised by Darren Smyth for the IPKat.

Samsung has won a longstanding battle with Apple concerning one of Apple's Registered Community Designs for its tablet computers.The decision is significant because it represents the first...

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Teva Pharmaceutical Industries[2012] EWCA Civ 726The Court of Appeal has overturned an injunction that prevented an in-house patent attorney...