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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. ...
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 ...
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&...
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...
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...
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"...
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...
InterDigital v Lenovo [2023] EWCA Civ 34
Background At first instance, His Honour Justice Hacon found EP 2 485 558 valid and essential to LTE. Lenovo were granted permission to appeal by Lord Justice Arnold against a finding of inventive step over a Samsung document submitted during the stan...
Key provisions and IP considerations of the incoming EU CHIPS Act
This article originally appeared in IAM. Draft regulation not explicit on IP policy but some early guidance is on offer Act offers extensive opportunities for investment and collaboration Risk that SMEs in particular could give away too much of the...
VLSI agrees to dismiss latest semiconductor patent complaint against Intel in Delaware
EIP partner Andrew Thompson has recently written an article for The Patent Lawyer on the VLSI v Intel case regarding a semiconductor patent complaint. Read the full article here.
The European Data Protection Board (EDPB) publishes its decision on Meta’s legal basis for its use of personalised adverts
Summary On 12 January 2023, the EDPB published its decision (which was actually made on 5 December 2022) (the “Decision”) on the dispute between the Irish Data Protection Commissioner (IDPC) and a number of its equivalent supervisory autho...
Kigen v Thales: Can an implementer bring a stand-alone claim for FRAND determination?
Background Kigen (UK) Limited is a company which produces software relating to eSIM and iSIMs technology. Thales Dis France SA (also known as Gemalto SA) is a manufacturer of electronic systems and equipment for various sectors. As part of its busines...
Intellectual property key UK strength in global semiconductor supply chain – Select Committee Report
A group of influential MPs from the Business, Energy and Industrial Strategy (BEIS)Select Committee has released its Report on the semiconductor industry in the UK. The Committee took evidence from various industry representatives over the summer and i...
Changes in the semiconductor industry: how patent strategies need to adapt
Introduction Nobody can deny that the semiconductor industry is going through something of a renaissance period. Semiconductors are firmly in the public eye thanks mainly to the ongoing chip shortages which have disrupted everything from car production...
Damages pull into the station for Geofabrics
Charlotte May KC recently handed down a comparatively rare judgment, for the Patents Court, in respect of a damages enquiry for infringement of Geofabrics’ railway related patent by Fiberweb in Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2022] E...
UKIPO Case Studies Open the Black Box on Examining Patent Applications Relating to AI Inventions
On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred to hereafter as the Guidance). The Guidance may be se...
Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!
Background On 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 intended to reward inventors and creators by protecting in...