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IP Cases & Articles
Actavis v Eli Lilly: contributory infringement
After judge Arnold J declared that Actavis was not infringing Eli Lilly's European patent in France, Italy, Spain or the UK [see note 1 below] the Court of Appeal have now taken a broader approach to the construction of the claims and found that Actavis are contributory infringers [see note… -
IP Cases & Articles
Numerical limits revisited. Smith & Nephew v Convatec
Numerical limits in patent claims are, it seems, always open to interpretation, despite numerous cases that have considered the issue. A recent case in the English Court of Appeal, Smith & Nephew v Convactec [see note 1 below for case details], serves to illustrate why. -
IP Cases & Articles
Unified Patent Court fees consultation
In our June 2015 newsletter, we reported on the launch of the consultation on the fee regime for the Unified Patent Court (UPC). We have since had some time to review that consultation and while it will have closed for comment by the time this newsletter is published, we share… -
IP Cases & Articles
Jawbone v Fitbit flex their IP muscles
Jawbone and Fitbit flex their IP muscles - Is this the start of a wearable fitness litigation marathon? On Wednesday 10 June, Jawbone hit Fitbit with a patent infringement suit alleging that Fitbit is infringing 3 of its US patents. Jawbone is seeking an injunction to stop Fitbit from selling… -
IP Cases & Articles
Sky rains on Skype's parade - Sky v Skype
In the latest stage of a long-running battle, the General Court (GC) has upheld broadcaster Sky's oppositions to telecommunication company Skype's Community trade marks (CTMs) for the SKYPE word and figurative marks on the basis that they are confusingly similar to SKY. -
IP Cases & Articles
High Court overturns wine and whisky decision
The High Court of Justice has overturned a decision of the United Kingdom Intellectual Property Office (UKIPO) which found a likelihood of confusion between the marks JURA ORIGIN and ORIGIN. -
IP Cases & Articles
Assessing inherent distinctiveness
For a while now the widespread perception has been that OHIM's policy regarding the registrability of marks has gradually been becoming more and more strict. A recent case from the General Court (GC) confirms these fears to the extent that marks often acceptable to the UK Intellectual Property Office (UKIPO)… -
IP Cases & Articles
Scrabble wins appeal in Scramble squabble
The Court of Appeal recently handed down its judgment in an interesting case relating to the well-known word game SCRABBLE. Mattel, owners of the SCRABBLE brand, had issued proceedings for trade mark infringement and passing off against Zynga, creators of the word game SCRAMBLE (or SCRAMBLE WITH FRIENDS). -
IP Cases & Articles
New titles and fewer pages: trade mark reforms
EU trade mark reforms could include a misleading change -
IP Cases & Articles
Assos v Asos - Own name defence to infringement
The Court of Appeal has held that use of the mark ASOS did create a likelihood of confusion with the trade mark ASSOS; but, by a majority of 2:1, it also decided that Asos could rely on a defence to that infringement since it was using its own name.
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