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IP Cases & Articles
US Supreme Court alters patent exhaustion law
A surprise decision from the US Supreme Court appears to have fundamentally altered the law on patent exhaustion in the US. -
IP Cases & Articles
Unwired Planet v Huawei first technical appeal decision
This appeal was brought by Huawei in respect of the decision of [2015] EWHC 336 (Pat) in which it was held that Unwired Planet’s patent was both valid and infringed. -
IP Cases & Articles
An illusion of clarity the new Rule 28(2) EPC
The European Patent Office has amended its rules in relation to the patentability of products derived from essentially biological processes. -
IP Cases & Articles
Three stripes and you're out? adidas v Shoe Branding
On 18 December 2013, adidas AG (adidas) applied to register a mark as a figurative European trade mark (EUTM), bearing the description: “the mark consists of three parallel equidistant stripes of equal width applied to the product in whatever direction”. -
IP Cases & Articles
UK Supreme Court changes law on scope of protection
On Wednesday 12 July 2017 the UK Supreme Court handed down judgment in Lilly v Actavis. In a decision that is likely to surprise many, the court appears to have fundamentally altered the law in the UK on scope of protection. -
IP Cases & Articles
It's not easy being green: Enercon v EUIPO (Gamesa)
In this case, the German energy company Enercon GmbH (Enercon) could not persuade the General Court (GC) that a mark consisting of five shades of green and white, registered in connection with wind turbines, was inherently distinctive. -
IP Cases & Articles
SOLISPOST and SOLIS POLE: costs for withdrawn appeal
In proceedings before the UK Intellectual Property Office (UKIPO), the hearing officer considered that two trade mark registrations for the word mark SOLISPOST were invalid as they were registered in bad faith and conflicted with earlier unregistered rights owned by the applicant for invalidity. The proprietor appealed to the appointed… -
IP Cases & Articles
BASF v Evonik: when abbreviations become descriptive
BASF SE (BASF) owned a European Union Trade Mark (EUTM) registration for DINCH in respect of goods categorised as chemical products for plastics in class 1. It was filed in February 2002 and registered in March 2003. -
IP Cases & Articles
Bulgaria ratifies Unified Patent Court Agreement
On 03 June 2016, the number of ratifications of the UPC Agreement increased to ten with the notification by Bulgaria that it had completed its ratification. -
IP Cases & Articles
Assessing technical or non-technical inventiveness
Anyone who has experienced prosecuting inventions that include a combination of technical and non-technical subject matter at the European Patent Office (EPO) will likely agree that the entire process can be challenging and somewhat confused.
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