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Design Piracy or Functional Necessity: Court Rules on Breast Pump Battle in Chiaro Technology Limited v Mayborn (UK) Limited
The Claimant, Chiaro Technology Limited (“Chiaro”), is the owner of a number of registered designs of which several are incorporated into its product the ‘Elvie’, a wearable breast pump. Chiaro alleged that the Defendant, Maybor...
Bioinformatics or Techbio: Semantic musings from a patent perspective
Bioinformatics has become an increasingly discussed topic in our increasingly digital world. Data analysis has always been part of biology but the increasing need and desire to analyse large data sets and deliver improved automation has caused a discre...
End of the line: DABUS reaches its final stop in the UK
On 20 December 2023, the Supreme Court of the United Kingdom handed down its judgment in Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49 in which it unanimously dismissed Dr Stephen Thaler’s appeal against the Compt...
Therapists’ passing-off claims, libel and harassment allegations unravelled
This article first appeared in WTR Daily, part of World Trademark Review, in (month/year). For further information, please go to www.worldtrademarkreview.com. Ms Crosbie alleged that Ms Ley manipulated online business directories to unlawfully redi...
Report on EPO Patent Knowledge Week
The European Patent Office (EPO) has recently held many online conferences but the real highlight has been the Patent Knowledge week. There were three full days on 28-30 November discussing AI, the EPO’s new tools, data on the first few months of...
Clause Ambiguity and Contract Disputes: Insights from Capita v IBM (2023)
Introduction This case relates to (as stated by the judge) a “rare dispute as to the construction of a contract where one or both parties do not make some appeal to matters of factual matrix to support their construction”. Nevertheless, i...
Fast Chips: US PTO launches fast-track examination for semiconductor patents
The USPTO has announced a Semiconductor Technology Pilot Program for fast-track examination of qualifying semiconductor-related inventions. The program is designed to support the US CHIPS Act, which is the US Government’s package of funding to su...
Be careful what you wish for - Court of Appeal refuses to let party rely on argument it had dropped multiple years ago
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 The Court of Appeal has denied Lufthansa permission to rely on certain arguments at an upcoming damages inquiry as part of its long running litigation with Pa...
Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR
Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR, in particular Article 3(2)(b)? (Clearview AI Inc v The Information Commissioner [2023] UKFTT 00819 (GRC)) Summary...
G 2/21 applied by the referring EPO Technical Board; useful guidance on the test for reliance on post-published evidence in the post plausibility era
The referring Board to G 2/21 has now published its full written decision in T 0116/18, following the issuance of the minutes in September. The Decision attempts to clarify the requirements of G 2/21, particularly in relation to the rather murky criter...
Court refuses to close the stable door after the horse has bolted in patent dispute
Saint-Gobain Adfors S.A.S v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) The High Court has rejected an application made by 3M to restrict Saint-Gobain’s use of information disclosed by 3M to Saint-Gobain in a patent dispute 19 month...
It’s been emotional: the High Court says goodbye to excluding AI inventions as computer programs
On 21 November 2023 the High Court of England and Wales published its judgment in Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch) in which it found a patent application relating to an artificial neural network (ANN) to be...
What a relief! Court of Appeal permits a party to rely on evidence served two years late
Lufthansa Technik AG v Panasonic Avionics Corporation [2023] EWCA Civ 1273 The Court of Appeal has granted Panasonic an extension of time to a deadline so that they can rely upon a witness statement served two years after the deadline. This is on the...
Astellas’ Validity Success Not Enough to Catch Competitors’ Products on Overactive Bladder Treatment
The High Court has handed down its judgment in Astellas v Teva and Sandoz regarding Astellas’ patent covering treatment for overactive bladder. The High Court found Astellas’ patent valid but not infringed by Sandoz’s generic product....
Dr Marian Rogers Croak, Black History Month 2023
In this our fifth and final article for Black History Month 2023, we profile Dr Marian Rogers Croak. Dr Marian Rogers Croak is one of a few contemporary black inventors whose work has been acknowledged in her lifetime, and she continues to innovate a...
EPO-EUIPO report: Patents and trademarks improve likelihood of start-ups securing funding
On 17th October 2023 the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) published a report on a joint study into the impact patents and trademarks can have on the financial success of European start-ups. The re...
Dr Valerie Thomas, Black History Month 2023
Our fourth article in our series of articles celebrating Black History Month shines a spotlight on the pioneering scientist and inventor, Dr Valerie Thomas. Dr Valerie Thomas is most widely known for being the inventor of the illusion transmitter and...
Hydrogen – an explosive gas or the future of green energy?
The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP’s Elements team, digests aspects of the report relating to storage and...
Dame Elizabeth Anionwu, Black History Month 2023
To celebrate Black History month and in keeping with the theme of ‘Saluting Our Sisters’, I have chosen to write about a woman who has made enormous contributions in the field of healthcare. Her efforts have been internationally recognised,...
European Patent Office liberalises rules on priority
The Enlarged Board of Appeal of the European Patent Office has issued its decision in the combined cases G1/22 and G2/22. With this decision, the likelihood that a priority claim is valid even where there is a different applicant for the EPO applicatio...
Lonnie Johnson, Black History Month 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker. In this article, we will look at his journey to creating the Super...