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Intellectual Property UK
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June 28, 2024
No Judge Race Bias In £30M Fox Williams Negligence Case
A London court has rejected a Black television producer's allegations that a judge racially discriminated against him when tossing out his case that Fox Williams LLP botched his £30 million ($38 million) game show copyright claim.
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June 28, 2024
Dexcom Wins Bid To Nix Abbott Patent For Glucose Monitor
A London judge nixed an Abbott patent for its flagship glucose monitoring device on Friday, ruling that a previous patent application revealed its key idea of an integrated device and ways of implementing it.
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June 28, 2024
Shein, Temu Ordered To Turn Over Info For EU Probe
The European Union's executive arm said Friday it has ordered Temu and Shein to provide it with information relating to its new EU online content rules, following complaints from consumer organizations and its own investigations.
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July 05, 2024
EIP Hires Patent Litigator From Hogan Lovells In Germany
Intellectual property boutique EIP has recruited a specialist in patent litigation from Hogan Lovells in Germany in a move to boost its disputes capabilities in relation to different fields of technology.
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June 28, 2024
Nike Can't Nix Inverted Black Tick EU TM
Nike failed to block the registration of a trademark that resembles a hook or shark's head, after European officials ruled that it didn't look like the sportswear giant's iconic swoosh logo, even when examined upside down.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 27, 2024
EU High Court Upends Servier Decrease Of Pay-For-Delay Fine
French pharmaceutical giant Servier is back on the hook for all but €2.4 million ($2.57 million) of a more than €300 million European Union antitrust fine after the European Court of Justice upended a lower court decision that had reduced the penalty by over €100 million.
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June 27, 2024
NFT Game CEO Accuses Collaborator Of Keeping Biz Info
The CEO of an NFT-winning online game has accused his former collaborator of refusing to hand over confidential information belonging to his gaming company after the pair's professional relationship broke down.
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June 27, 2024
Temu Says Ads Did Not Mislead Shoppers In Dr. Martens Suit
Chinese fast-fashion giant Temu has denied claims that it promoted copycat Dr. Martens on sponsored Google search results, arguing that consumers would be unlikely to confuse boots sold on its platform for the famous British boots.
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June 27, 2024
EasyGroup Can't Claim TM It Isn't Using, Van Rental Biz Says
Car and van rental firm Easihire has hit back in London court at easyGroup's claims of trademark infringement, arguing that the low-cost giant should lose the "easyHire" mark it relied on because it hadn't even used it.
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June 27, 2024
UPC Adds 8 Science And Technology Specialist Judges
The European Union's Unified Patent Court has appointed a host of new judges, each with expertise in the fields of science and technology, as it grows in its second year in operation.
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June 27, 2024
DXC Wins TM Battle Against German Firm
American information technology DXC can now register its trademark after U.K. intellectual property officials ruled against a German investment firm's claim that the name was too similar to its own and would confuse customers.
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July 04, 2024
Foot Anstey's IP Leaders Exit To Launch Boutique
The former heads of Foot Anstey LLP's intellectual property team have set up their own shop with the help of Excello Law, launching a full-service IP boutique based in Manchester and London in response to a changing legal landscape.
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June 27, 2024
Hague Cracks Down On Copycat LVMH Vodka Brand
A Dutch court has ordered a Milan-based drinks importer to hand over and destroy all its counterfeits of a Moët Hennessy-owned Polish vodka brand, but ruled that the bottles did not infringe the vodka maker's copyright.
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June 26, 2024
Unified Patent Court Cuts Ribbon On Milan Central Division
The Unified Patent Court is set to open the doors of its specialized life sciences division in Milan, what experts predict will be the very busy third location in the year-old patent system with exclusive jurisdiction over patent revocation actions.
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June 26, 2024
US Leads Charge As $7T Poured Into Intangible Assets In 2023
Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.
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June 26, 2024
Aldi Wins Bid To Crush Spanish Biscuit Co.'s 'Choquer' EU TM
A Spanish biscuit maker failed to revive its invalidated trademark for "Choquer," after European officials ruled that an Aldi company's earlier "Choceur" mark had already cornered the pastry market.
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June 26, 2024
Volvo Gets Green Light For Headlight TM
A European court handed Volvo a win Wednesday after ruling that earlier judges wrongly rejected its mark for a headlight shaped like Thor's hammer, deeming it an unusual shape for the car market.
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June 26, 2024
Chinese Co. Loses Bid For European Power Supply Patent
The European Patent Office has refused to hand a Chinese electronics maker patent protection for a power supply system, after an appellate board found that experts in the industry could deduce the technical process through older inventions.
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June 25, 2024
Ashurst Latest Law Firm To Partner With AI Co. Harvey
London-headquartered international law firm Ashurst plans to provide all its 4,000 attorneys and staff with access to the legal artificial intelligence platform Harvey, the firm said Tuesday, making it one of the latest firms to partner with the company.
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June 25, 2024
Huawei Scores Victory In Fingerprint Tech Patent Fight
Huawei has won its bid to nix a rival's patent for fingerprint-detecting technology, after European officials ruled that the WaveTouch invention didn't include enough details to be replicated.
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June 25, 2024
O2 Proves 'Elando' EU TM Too Similar To Its 'Can Do' Sign
O2 has blocked a tech company from extending its "Elando" trademark protections to the European Union, convincing officials that the sign could cause confusion with its own "Can Do" sign.
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June 25, 2024
Mars' 'Kitekat' Is Top Dog In Cat Food Trademark Battle
Mars has won its bid to cancel a rival's trademark for "Kit Cat," after European officials ruled that consumers shopping for the food giant's "Kitekat" pet products might believe the two were linked.
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June 25, 2024
Electrolux Beats Bosch Unit To Revive Touch Screen Patent
Electrolux has rescued its European patent over a kitchen appliance touch screen from a Bosch subsidiary's invalidity protests, convincing an appeals panel that an amended version of the blueprint is inventive over previous devices.
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June 24, 2024
BMS Fends Off Teva Attack Over Blood Clot Patent
A Swedish judge has upheld a BMS patent for a blood clot treatment, concluding that the invention was new because it should be treated as having an earlier filing date under European precedent.
Expert Analysis
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Vodafone Decision Highlights Wide Scope Of UK's FDI Rules
The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.
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What The EU AI Act Could Mean For Patent Law
As the EU Artificial Intelligence Act has now been endorsed by all member states, companies and patent owners with interests in the bloc may want to prepare for when the act enters into force, including by considering potential subject matter exclusions, says Terence Broderick at Murgitroyd.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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Cos. Should Plan Now For Extensive EU Data Act Obligations
The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Acquisition Of AI Tech Poses Challenges For Media Industry
The artificial intelligence regulatory landscape is changing quickly, and media and entertainment companies planning to acquire AI technology through a merger, acquisition or licensing deal should be mindful of potential new compliance requirements and AI-specific insurance products, say lawyers at Covington.
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Cos. Should Weave Metaverse Considerations Into IP Strategy
In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Major EU AI Banking Ruling Will Reverberate Across Sectors
Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
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English Could Be The Future Language Of The UPC
While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.
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Arbitration Remains Attractive For Digital Disputes In 2024
Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.