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IP Cases & Articles
Poisonous divisionals (G1/15)
In our April 2015 edition of this newsletter we discussed the concept of multiple priorities and how, based on a strict interpretation of comments made in decision G2/98 concerning priority, the situation has arisen whereby a patent can be found invalid with respect to the disclosure of its own priority… -
IP Cases & Articles
Second medical use claims and skinny labels
We have previously reported several decisions of the UK Patents Court and Court of Appeal in relation to Warner-Lambert's action against Actavis (and others), concerning whether Warner-Lambert's second medical use patent for pregabalin was infringed by Actavis selling the drug with a 'skinny label' not referring to the patented medical… -
IP Cases & Articles
Utility patent publication invalidates umbrella design
The recent General Court (GC) decision in Senz Technologies BV v OHIM – Impliva BV shows that arguably obscure, non-European prior art can be taken into account when assessing the validity of a registered Community design (RCD). -
IP Cases & Articles
EU territorial borders and assessment of genuine use
This recent Intellectual Property Enterprise Court (IPEC) decision found that genuine use was required in more than one European Union (EU) member state to maintain a Community trade mark (CTM) registration. This case involved an infringement action brought by The Sofa Workshop Limited (Sofa Workshop) against Sofaworks Limited (Sofaworks). -
IP Cases & Articles
Swatch loses opposition to SWATCHBALL CTM application
The General Court (GC) has rejected an opposition by Swatch AG to an application for the mark SWATCHBALL on the basis of its reputation in the mark SWATCH because there was no evidence that the relevant consumers would make a link between the marks SWATCH and SWATCHBALL. -
IP Cases & Articles
PORTO v PORTOBELLO ROAD surprise opposition decision
Trade mark decisions involving geographical indications (GIs) and protected designation of origins (PDOs) are relatively rare. In this case an application for a label design mark for PORTOBELLO ROAD No. 171 LONDON DRY GIN LONDON ENGLAND filed for gin was opposed, based on the PDO for PORTO, for wines from… -
IP Cases & Articles
Toxic priorities at the Enlarged Board of Appeal
Further to our article in our April 2015 patent newsletter (see link - right) concerning multiple priorities (sometimes known as partial or split priorities), the decision of the Technical Board of Appeal in case T 557/13 has recently been published. -
IP Cases & Articles
Unitary patent fees: true top 4 fee schedule
Whilst the introduction of the unitary patent is likely to be several years away, the question of how much unitary patent (UP) renewals will cost is relevant now as these are likely to affect applications already pending before the European Patent Office (EPO). -
IP Cases & Articles
Jawbone v Fitbit: wearable fitness IP litigation
In recent years many smartphone manufacturers have battled one another in IP disputes to try and gain a commercial advantage in a rapidly expanding market. At the peak of Samsung and Apple's IP battle there were around 50 IP disputes globally. Following maturity in the sector, whilst little skirmishes continue,… -
IP Cases & Articles
Court of Appeal: UK second medical use claims
The Court of Appeal have overturned the Patents Court's view on the issue of infringement of Warner-Lambert's Swiss-type second medical use patent for pregabalin.
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