Updates
Showing
Parties and their lawyers will have to reveal how the sausage is made.
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness statements for trial in the Business and Property Courts...
Trade Secrets vs. Patents in the UK Space Sector
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key issue for innovative UK space sector businesses. ...
A Year in Patents - Part 3/4: The Procedures of International Patent Prosecution
Dr Girish Nivarti joined EIP’s London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. A mulberry tree near my current home reminds me of my childhood. The smell, texture, and taste of...
#Barbenheimer: A Tale of Patents, Designs and Possibilities
Introduction The Barbenheimer phenomenon has broken several box-office records. Barbie has made Greta Gerwig the first solo female director to produce a $1 billion dollar film, while Christopher Nolan’s Oppenheimer is now the highest grossing W...
Cheers and confusion: General Court agrees that STONE and STONES are one and the same
This article first appeared in WTR Daily, part of World Trademark Review, in July 2023. For further information, please go to www.worldtrademarkreview.com. The EUIPO upheld Molson Coors’ opposition against STONE BREWING in Class 32 based on e...
Weathering IP challenges: how can patents help offshore wind innovators?
Over the past few years, a worldwide patent dispute has been rumbling between two giants of the renewables sector, GE and Siemens Gamesa. Although that storm has now subsided, following the recent settlement of all US and European litigation between th...
Mr Justice Zacaroli shines a light on claim construction in patent dispute for glass lamps
Heraeus Noblelight Ltd v First Light Lamps Ltd [2023] EWHC 1950 (Pat) (31 July 2023) Summary This case revolves around a patent infringement dispute between two specialist lamp manufacturers, Hereaus Noblelight Limited ("Hereaus") and First Light L...
Seizing a greener future for the UK
The announcement this week from the UK Government of funding for new Carbon Capture and Storage (CCS) schemes has had a mixed reception. It’s a shame the announcement was hand-in-hand with new oil and gas licenses, as if it’s a free pass fo...
Unnamed inventors can benefit from s.40 employee compensation, but only if you get there in time
Parsons v Convatec [2023] EWHC 1535 (Pat) Background In this judgment of Mr Justice Zacaroli in the Patents Court, it was held that s.40 of the Patents Act 1977 did not require the inventor, Dr Parsons, to be named as inventor in the patent in orde...
Preachin’ Pride Blues
Those of you who have read my work before, who know me, or who know of me, might reasonably expect this piece to be…vitriolic, shall we say? You may be bracing yourself for a story that starts with the sound of breaking glass and ends with &ldqu...
High Court maintains status quo on SPCs: Combination patent cannot get extension using Marketing Authorisation of single active agent
Introduction Newron Pharmaceuticals SPA (patentee) appealed a decision of the Comptroller General of Patents to refuse its Supplementary Protection Certificate (SPC) application on the ground that it did not meet the requirements of Article 3(b) of t...
Mobility-as-a-Service – have you protected your assets from the competition?
Mobility-as-a-Service is envisioned as the tool to bring about a greener and more sustainable world and the backbone to ensuring people have a seamless customer experience in achieving it. However, to achieve this is not without its challenges, both le...
No Leg to Stand On: Claimant left out of pocket as hopeless case fails to establish design for cargo trousers is original or infringed
KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC Introduction This case concerned allegations of infringement of UK unregistered design rights (UKUDR) which were claimed to subsist in the design of the Claimant’s BKS-001 cargo trous...
Advanced Bionics v Med-El – Court of Appeal upholds invalidity of patent
This case concerns European Patent EP 3138605, relating to a cochlear implant, modified to allow the wearer to undergo MRI scanning. A cochlear implant is a small electronic device that assists a person who is profoundly deaf to perceive sound, and is ...
Sandoz v BMS – Court of Appeal grapples with plausibility again
Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company; Teva Pharmaceuticals Industries Limited v Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 The Supreme Court in Warner-Lambert v Actavis confirmed the princi...
Preserving the strict deadline of urgency in patent preliminary injunction proceedings
A discussion of: Regional Court Düsseldorf, Judgement of December 15, 2022 – 4 a O 91/22, „Solarzelle II“ (German language source: link) Regional Court Munich I, Order of July 20, 2022 – 7 O 6982/22, „Bortez...
Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents
Nicoventures Trading Limited v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) Another judgment has recently been handed down in the ongoing global dispute between tobacco giants British American Tobacco (“BAT”) and Philip Morri...
European Commission Proposals on Data Exclusivity and the Bolar Exemption
On 26 April, the European Commission published proposed legislation (specifically a new Regulation and a new Directive) aimed at reforming EU legislation in relation to pharmaceuticals. These proposals, if adopted, will affect pharmaceutical regulation...
The UK National Semiconductor Strategy: a first glance
The UK Government has released its National Semiconductor Strategy. The Strategy sets out the UK Government’s vision for the semiconductor industry in the UK, and details funding and other initiatives that it plans to put in place to support the ...
Mental Health Awareness Week 2023 - Anxiety
At the outset, it must as usual be remarked that this piece should not be relied upon for treatment, solution, comfort or calm. This, and other works like it, are written from but a singular perspective, and what strikes the capricious mind of the writ...
A Year in Patents - Part 2/4: Getting to Grips with the Law
Dr Girish Nivarti joined EIP’s London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. Patents are often misconceived as secretive instruments that hinder scientific progress. In fact, ...