Case Reports

The WaterRower managed to row back from being struck out

In the recent strike out application heard on 28 July 2022, Waterrower (UK) Limited v Liking Limited (T/A Topiom) [2022] EWHC 2084 (IPEC), David Stone, sitting as deputy high court judge, considered...

Member States participating in UPC

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 Concept of “Technical Character” becomes increasingly relevant for healthcare patents – Lessons from Recent EPO BoA Decisions

As patent attorneys practicing in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields.

Internet video evidence as prior art? The EPO Boards of Appeal have views...

Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO.

Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!

BackgroundOn 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are...

Tilting At Windmills

A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage...

What is the Unitary Patent, and how do I get one?

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.

Patents Court affirms power to grant injunctions for pre-grant patents, but refuses injunction for Novartis

Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod,...

Pride Month, Progress, and The Paradox of Tolerance

Once upon a time, in New York City, there was a riot.Not, by itself, an especially notable occurrence – New York is a pretty good place for rioting, as such places go, and as both myself and my...

Mobility-as-a-Service – how will you travel?

Mobility-as-a-Service - how will you travel? The taxi service industry has undergone huge disruption over the last decade with the proliferation of ride-hailing apps.

High Court refuses Neurim and Flynn interim injunction against Teva in third instalment of melatonin product dispute

In the third chapter of Neurim and Flynn's dispute with generic companies, Mr Justice Mellor refused the Claimants' application for an interim injunction against generic giant, Teva, on the basis...

Not a “FUNTIME” in Court for toy manufacturer after trademark infringement claim in IPEC fails

This judgment concerns a claim for infringement of a UK and EU registered trademark brought in IPEC by Luen Fat Metal and Plastic Manufactory Co Ltd (the "Claimant") against Funko UK, Ltd (the...

The Club isn’t the Best Place (to find a DNI), so the Court is where Sheeran Goes

On 6 April 2022, Mr Justice Zacaroli ruled on the highly publicised case involving Ed Sheeran (and others) against Sam Chokri (and others) over Mr Sheeran's 2017 well-known hit "Shape of You.

Flynn held to be exclusive licensee while both parties at fault on costs in Neurim v Mylan Court of Appeal judgment

On 29 March 2022, the Court of Appeal handed down judgment in relation to appeals made by the Claimants (Neurim and Flynn) on two issues. Overturning Marcus Smith J's decisions, the Court of Appeal,...

Court of Appeal Maintain Status Quo in Neurim v Mylan By Refusing Injunctive Relief

In the latest flurry of judgments to arise from the Neurim v Mylan (now trading as Viatris) battle over Neurim's insomnia patent and Mylan's presence on the market with its generic version, we report...