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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, ...
Winds of Change: Taking Advantage of The New Unitary Patent
As the demand for renewable energy continues to grow, it becomes increasingly important for manufacturers of wind turbines to patent their technology. The new option of “Unitary effect” can provide a cost-effective route to protection in ma...
Reining IT in – Differing Approaches to AI Regulation in the UK and the EU?
Introduction When researchers at Darmouth College coined the term ‘artificial intelligence’ (“AI”) in a research proposal in 1955, they could hardly have imagined the explosive impact the then-fledgling technology would have so...
EU Commission proposes EU-wide compulsory licences for the first time
Compulsory licences are a feature of patent law across Europe. They are a recognition that there are some circumstances in which the public interest can over-ride the rights of patentees. While the basic principle is not controversial, there is conside...
Tulip Mania - Can an individual or group be said to have de-facto control over a cryptocurrency network?
(Tulip Trading Limited v Van der Laan and Others [2023] EWCA Civ 83) In the Dutch Golden Age, circa 1634, the price of tulip bulbs temporarily reached extraordinarily high levels as market speculators fought to profit from this newly-introduced luxury...
The Deep Non-Thinker
Lock up your authors! ChatGPT is here! And it’s coming for your IP! The internet is awash with content written about, or written by, the new chat-bot in town, ChatGPT. But what is ChatGPT? And what does it mean for the IP world? ChatGPT, along ...
EU Commission Announces Major Reforms to Supplementary Protection Certificates
The EU Commission has announced a series of related proposals that will dramatically change the way in which most SPCs are obtained in Europe. Although SPCs are creatures of EU law, they are currently obtained nationally – once a marketing autho...
Late Change to Commission SEP Proposal Suggests Flawed Process
The European Commission today published it’s Proposal for a Regulation on Standard Essential Patents (COM(2023) 232 final 2023/0133 (COD)). An initial and amended version had both been leaked shortly before publication, and so the content was not...
G2/21 – Enlarged Board Rules that Plausibility is Not the Answer
Before the European Patent Office, applicants frequently wish to rely on experimental evidence obtained after the filing date of the patent application (“post-filed evidence”) in order to support an inventive step.This may be, for example, ...
Software developer found to have copied former employer's code despite using different programming language and deleting the original source code
Background The claimants are two companies (“PQ”) that produced quality assurance software, in particular statistical process control (“SPC”) software and gauge management software. The first, PQ Systems Europe Ltd (“PQE&...
A Tale of Two Dragons
Fay Evans v John Lewis PLC & Anor [2023] EWHC 766 (IPEC) Judgment has recently been handed down in the copyright dispute between Fay Evans, and John Lewis and its advertising agency over John Lewis’ 2019 Christmas advert, which featured a yo...
Patenting in the Space Sector
A look at the important role patents can play in the success of businesses in the UK space sector, and beyond. The Space Sector is Growing The UK space sector is worth over £17.5 billion per year and is growing faster than the rest of the UK ec...
Not one for the “gram” – Instagram’s attempt to “swipe” away potentially similar trade mark name
Background The appellant ("Instagram") appeals against a decision (“the Decision”) of George Salthouse, a hearing officer of the UK Intellectual Property Office (the "Hearing Officer"). The Hearing Officer allowed the word mark "Soundgram"...
Court of Appeal ends anticipation for InterDigital’s 3G Standard Essential Patent by revisiting claim construction
This Update deals with an interesting determination of the Court of Appeal before Lord Justices Lewison, Asplin, and Arnold where they overturned a finding of anticipation (lack of novelty) made by Justice Mellor in the High Court. The Patent The app...
A pig in wolf’s clothing? Wolfoo unable to avoid valid service by providing multiple email addresses for service.
Entertainment One UK Limited & Anor v SCN Media Ltd & Ors [2022] EWHC 3295 (Ch) A seemingly global battle has begun between the owners of Peppa Pig and the makers of Wolfoo.Russia recently refused a trademark application for Wolfoo following o...
Tulip - a cautionary tale. Do software developers owe a fiduciary duty to users of the code they write? (Tulip Trading v Van Der Laan and Others)
Summary On 3 February 2023, the Court of Appeal in England ruled that the dispute between the Claimant, Tulip Trading Limited (“Tulip Trading”) and the Defendants, who are sixteen bitcoin developers involved with the development of blockch...
Director’s Liability Caught in a Tangle in Toy Making Feud in UK High Court
In Tangle Inc (“Tangle”) and One for Fun Ltd (“One for Fun”), Mr David Stone (sitting as Deputy High Court Judge) had to consider the liability of three directors from One for Fun as joint tortfeasors to the First Defendant (One...