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Intellectual Property UK
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May 02, 2024
McNeil Again Denied Patent On Spray Nicotine Treatment
A Kenvue-owned pharmaceutical company has failed to patent a tobacco replacement therapy, after European patent officials ruled that other scientists would have thought of adding a special solution to counteract the slowing effects of saliva pH.
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May 02, 2024
IBM Director Grilled Over Reverse Engineering Allegations
An IBM director faced questions on Thursday about his role in accusing a tech rival of breaching its customer agreement by claiming it reverse-engineered IBM software, with lawyers for the rival arguing he improperly terminated the customer contract.
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May 02, 2024
InterDigital Claims Munich Court Win In Lenovo SEP Spat
InterDigital said Thursday it has secured an injunction against Lenovo in Germany, with a Munich court ruling that Lenovo infringed an InterDigital patent deemed essential to 4G and 5G technology and was unwilling to agree to a fair license.
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May 02, 2024
Truck Aerodynamics Co. Sues Over Amazon Deal Loss
A truck aerodynamics company has accused a rival of modifying products that were being tested by Amazon, leading them to perform poorly and causing the company to lose out on a million-pound contract.
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May 02, 2024
Universal Music Allows Artists Back On TikTok After Deal
Universal Music Group has reached a deal with TikTok that will allow its affiliated artists and music to return to the social media platform months after the companies fell out over issues of artist compensation and artificial intelligence-generated content.
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May 02, 2024
Bayer Sues Dr. Reddy's In Latest Xarelto Patent Clash
Bayer has accused generic drugmaker Dr. Reddy's of selling blood thinning medication that infringes a dosage patent over its blockbuster drug Xarelto, marking the latest attempt by the pharmaceutical giant to stop challenges to its market share.
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May 01, 2024
Abbott Wants Sales Of Rival Glucose Monitor Barred For Now
A subsidiary of Abbott Laboratories urged a London court Wednesday to bar medical devices rival Sinocare Inc. from mass marketing a glucose monitoring system that it argues is highly similar to a trademark for one of its own products.
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May 01, 2024
Bayer Gets Chance To Appeal Xarelto Patent Loss
Bayer AG can appeal a High Court decision that nixed a patent for its blockbuster drug Xarelto in the U.K., the U.K. judiciary confirmed on Wednesday.
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May 01, 2024
10x Genomics Gets Injunction Against Rival's DNA Kit
Curio Bioscience must immediately stop selling a version of its spatial mapping kits used for DNA and RNA analysis of tissue samples, after the Unified Patent Court ruled they might be infringing on 10x Genomics' patent.
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May 01, 2024
Social Media Marketing Biz Scores Partial TM Win In UK
A social media marketing firm using the logo "Goat" has succeeded in part in invalidating a trademark applied for by a dance company using the same word, with the intellectual property regulator finding that consumers may be deceived into thinking the dance company is linked to the larger film company.
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May 01, 2024
Game Developer Denies Copying Rival's 'Generic' Racing App
A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.
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May 01, 2024
MPs Call For New AI Laws To Protect Music Industry
A group of MPs said Wednesday that they are calling on Parliament to introduce tougher laws on artificial intelligence, with a focus on preventing generative AI programs from stealing from musicians and others in creative industries.
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April 30, 2024
Target's Bid To Register Bullseye TM In EU Misfires
Target has failed to register a European Union trademark over its iconic red and white bullseye logo after the bloc's officials ruled that its two "banal and simple geometric shapes" weren't distinctive.
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April 30, 2024
Payment Co. Hits Back Over Failed Domain Name Deal
Several payments companies and their bosses have hit back at claims by a Nuvei Group subsidiary, denying that they broke a promise to use the company's payments technology as part of a deal to use a website domain.
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April 30, 2024
Rival Denies Using IBM Software Secrets At London Trial
Tech company LZLABS denied allegations that it reverse-engineered proprietary technology owned by IBM, telling a London judge Tuesday that its software was not developed using any inner workings or hidden secrets of IBM programs.
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April 30, 2024
Backing For Concord's $1.5B Hipgnosis Bid Falls
Support for music rights company Concord Chorus' $1.5 billion bid for rival Hipgnosis Songs Fund Ltd. dropped among the latter's shareholders on Tuesday, after private equity giant Blackstone swooped in with an improved $1.6 billion offer.
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April 30, 2024
Mercedes-Benz Loses Race Against 'Vivo' Self-Driving Car TM
Auto giant Mercedes-Benz has lost its bid to prevent a self-driving car company from registering its "Vivo" logo, as the U.K. intellectual property authority found that it is not meaningfully similar to Mercedes' own "Vito" brand.
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April 29, 2024
German Pharma Biz Can't Block Rival's 'Palmea' TM In EU
A German pharmaceutical company can't reverse a competitor's "Palmea" trademark protections in the European Union because its earlier "mea" family of marks isn't sufficiently similar to create a risk of confusion, an appeals panel in the bloc said in a ruling made public Monday.
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April 29, 2024
Board Backs German Winery's Appeal Against 'Grizzly' TM
A German winery has beaten a rival's bid to register the trademark "Grizzly" over alcohol drink preparations, with European officials ruling that the winery's earlier "Grizzly Bear" sign over spirits also covers premix ingredients.
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April 29, 2024
Tech Co.'s 'Fraud Fighters' TM Too Descriptive
An antifraud tech company failed to register a trademark for "Fraud Fighters," after European officials ruled it was "nothing more than the sum of its parts" describing the goods it covered.
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April 29, 2024
Hotel Group Blocks Candlemaker's TM Over Confusion Risks
A French hotel chain has persuaded the U.K.'s intellectual property office to refuse a trademark for a company selling scented candles because consumers might mistake the hotel's berry branch trademark for a line of the candlemaker's berry-scented products.
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April 29, 2024
IBM Targets Rival For Reverse Engineering Code At Trial
Computer giant IBM accused European rival LzLabs at the beginning of a nine-week trial Monday of violating its consumer agreement, saying the competitor's "reverse engineering" of some of its software is a breach of contract.
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April 29, 2024
Hipgnosis Backs Blackstone's New $1.6B Offer In Bidding War
Blackstone said on Monday that the directors of music rights company Hipgnosis Songs will back a new $1.6 billion offer by the private equity giant after they said they would withdraw their backing for an earlier $1.5 billion bid from a U.S. competitor, Concord Chorus.
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April 26, 2024
Skechers Loses Bid To Register 'Just Slip In' TM
American sneakers giant Skechers has lost its fight to win trademark protection for its "Just Slip In" slogan, with a European patent authority appeal board concluding that the phrase merely describes the shoes.
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April 26, 2024
Coca-Cola Chews Up Greek Rival's 'Tsakiris' Snack TM
A Coca-Cola subsidiary defeated a rival that wanted to register the trademark "Tsakiris" to sell cereal snacks, after a European court ruled that it would take unfair advantage of the soft drink giant's reputation in Greek potato chips.
Expert Analysis
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Must Inventors Be Humans? An Active Debate Over AI Patents
With the first international patents naming artificially intelligent algorithms as inventors filed this summer, and with the U.S. Patent and Trademark Office’s query into whether inventorship laws and regulations need revising, the debate over AI is testing the boundaries of patent laws in the U.S. and elsewhere, says Christian Mammen of Womble Bond.
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Henry Schein Case Illuminates Maze Of Arbitrability Questions
While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.
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Using Global Dossier To Simplify USPTO Disclosure Duty
The U.S. Patent and Trademark Office can make compliance with its duty of disclosure less burdensome by allowing applicants to submit a list of patent families that are believed to have material information and defining electronically available records broadly to include the Global Dossier, whose use the USPTO recently encouraged, says Brian Dorini of InterDigital CE Holdings.
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The Unique Challenges Of Owning International Cannabis IP
Due to the cost of prosecuting patents and the uncertainty in obtaining and enforcing cannabis patents in foreign jurisdictions, building a global cannabis patent portfolio presents complex strategic questions, says Jayashree Mitra of Zuber Lawler.
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IP Protection Still Elusive For Data Compilations In US And EU
As businesses continue to increase investment into artificial intelligence systems, questions arise as to whether they can own or legally protect data compiled by those systems. Currently, in the U.S. and EU, obtaining copyright protection for databases is difficult and trade secret protection requires policies and procedures to establish rights, say attorneys at Mayer Brown.
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Perspectives
Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?
Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.
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How PTAB Is Applying New Patent Eligibility Guidance
Since the U.S. Patent and Trademark Office released its revised patent eligibility guidance in January, the Patent Trial and Appeal Board has been reversing Section 101 rejections at a higher rate, say Nick Anderson and Braden Katterheinrich of Faegre Baker Daniels.
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Keys To Successful AI Patents In The US And Europe
Unsurprisingly, the World Intellectual Property Organization recently reported that patent filings for artificial intelligence inventions are increasing rapidly. Stakeholders should be mindful of maintaining quality during this filing surge, says Drew Schulte of Haley Guiliano LLP.
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9 Ways To Prepare Your IP Rights For Brexit
Those with a European intellectual property portfolio should be considering how Brexit — scheduled for March 29 — will affect EU trademarks and registered community designs, says Paula Jill Krasny of Levenfeld Pearlstein LLC.
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'Biosimilar V. Biosimilar' Patent Case May Be First Of Many
While the idea of patent disputes between makers of follow-on drugs is nothing new, the complaint recently filed by Coherus against Amgen in Delaware federal court is unique in that it pits one biosimilar developer against another, say attorneys with Goodwin Procter LLP.
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UK Patent Law: Hot Topics Of 2018 And What's Ahead
English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.
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Coordinating Patent Strategies Across PTAB And EPO
The positions, arguments and prior art raised in U.S. post-grant proceedings at the Patent Trial and Appeal Board may influence European Patent Office oppositions involving counterpart cases. Understanding the procedural similarities and differences between the two jurisdictions is key, says Drew Schulte of Haley Guiliano LLP.
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New EU Patent Guidelines May Affect Companies' AI Strategy
As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC.
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Intellectual Property Caught In US-China Trade Crossfire
Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.
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Patent Eligibility Assessments: US Approach Vs. UK Approach
Techniques used to address questions of obviousness in the U.K. may prove useful to practitioners addressing questions of patent eligibility in the U.S., say Christopher Carroll and Charles Larsen of White & Case LLP.