Updates
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...
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...
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...
A Year in Patents - Part 1/4: Swapping Simulations for the Patent Profession
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. On this day last year, I was in the depths of academia. A postdoctoral research fellow in applied ...
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...
Oxford University Innovation Limited v Oxford Nanoimaging Limited – a tale of pies and slices
Summary In a very long and detailed judgment, Daniel Alexander KC, sitting as a High Court judge, examined a number of issues relating to successful inventions arising out of research work carried out by an individual who was at the relevant times a r...
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.
Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent
Anan Kasei Co. Limited & Anor v Neo Chemicals & Oxides (Europe) Limited [2023] EWCA Civ 11 The Court of Appeal has recently delivered judgment dismissing the Claimants’ appeal in the long-running Anan Kasei Co. Limited & Anor v Neo C...
Stepping through Alice’s looking glass: Sir Anthony Mann considers the purpose of DNI actions and unlikely payments of renewal fees
Lisa Dräxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat) Background The claimant (Dräxlmaier) sought a declaration of non-infringement under s.71 of the Patents Act (s.71 DNI Proceedings) against the patentee (BOS) on the EU pate...
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...
Court of Appeal refuses Arrow declaratory relief for Teva in a stand against forum shopping and jurisdictional overreach
Teva v Novartis [2022] EWCA Civ 1617 The fingolimod saga continues between Teva and Novartis. In a hearing dated 28 November 2022 before Arnold, Nugee, and Floyd LLJ, Teva appealed the decision of Bacon J in Teva v Novartis [2022] EWHC 2779 refusing t...
EIP partners recognised in IAM Strategy 300 Global Leaders
Following their inclusion in IAM Strategy 300 published in September last year, EIP partners Florian Schmidt-Bogatzky and James Seymour have been listed in IAM Strategy 300: Global Leaders 2023 which identifies the individuals whose approach to intelle...
Vernacare Limited v Moulded Fibre Products Limited [2022] EWHC 2197 (IPEC)
Background The Claimant, Vernacare Limited (“Vernacare”), and the Defendant, Moulded Fibre Products Limited (“MFP”), both manufacture and sell washbowls, which are made from moulded paper pulp as used in hospitals, care homes a...
Novartis overloaded with reasons its iron overload treatment Exjade is obvious and not infringed by Teva
Teva v Novartis [2022] EWHC 2847 (Pat) In another patent revocation and infringement counterclaim action between Teva and Novartis, in this instance involving a swallowable tablet version of Novartis’s “Exjade®” used to treat blo...
Banksy isn’t monkeying around when it comes to EU trade marks
Background Pest Control Office Limited (the “EUTM proprietor”), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including games, clothing and education. The mark ...
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...
AU VODKA LIMITED v NE10 VODKA LIMITED & LEON HOGAN
Heard by Mr Justice Mellor on 16 September 2022 AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022) (bailii.org) Article written by Alona Andrieieva, qualified Ukrainian patent and trade mark attorney, now research asso...