Updates
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...
EIP partners recognised as IAM Global Leaders 2023
EIP partners Jerome Spaargaren and Gary Moss have been listed in IAM Global Leaders 2023. Jerome founded EIP in 2000 and is Head of EIP Digital while Gary joined EIP in 2011 and is responsible for building EIP’s award-winning Litigation team whi...
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...
Alleged copyright infringement in the famous love story that inspired Doctor Zhivago
Background Anna Pasternak (“Pasternak”) is the Claimant and author of Lara: The Untold Love Story That Inspired Doctor Zhivago (“Lara”). Lara is a non-fiction, historical book that was published in the United Kingdom in August ...
Supermarkets trademark battle to consider bad faith allegations
Background The recent decision of Lidl v Tesco Stores [2022] EWCA Civ 1433 considers an appeal from a decision of Joanna Smith J to strike out parts of a pleading alleging that Lidl had applied for certain trade marks in bad faith. Tesco had made thos...
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...
Two giants in the energy drinks game go head-to-head in trademark dispute
Monster Energy appealed a decision refusing Monster’s application to register the mark ‘Red Dawg’ . At the original hearing Red Bull had opposed registration of the mark and had made out a successful opposition on the basis of s.5(3)...
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...
Significant inventions that have gone under the mainstream radar
Powering Kipchoge Most people interested in sports will be aware of Project 1.59 – Eluid Kipchoge’s 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped formation of lead runners to draft, a car to pa...
Are electric vehicles tackling climate change?
Governments across the world are encouraging the switch to electric vehicles as part of the global effort to combat climate change. California recently enacted regulations to require 100% of new vehicles sold in the state must be electric, hybrid or hy...
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 whether a rowing machine could be considered to be a ...