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IP Cases & Articles
Chainsaw manufacturer Stihl loses right to colour mark
A recent Board of Appeal decision confirms, despite change in ‘graphic representation’ requirements under EUTMR, Sieckmann criteria remains in play. This case concerns Andreas Stihl AG & Co. KG (Stihl), a leading German chainsaw manufacturer since as early as 1971, and Giro Travel Company (Giro), a Romanian importer of chainsaws. -
IP Cases & Articles
Additional AG opinion in Louboutin v Van Haren Schoenen
In September 2017, we reported Advocate General Szpunar’s opinion in Louboutin v Van Haren Schoenen.Following the June 2017 opinion, the case was reassigned to the Grand Chamber – composed of thirteen judges, rather than the usual three or five for CJEU chambers. A further hearing was held in November 2017… -
IP Cases & Articles
Coffee on the rocks: Starbucks v Coffee Rocks
Whilst not making new law, the decision from the General Court to overturn the rejection of Starbucks’ opposition to the COFFEE ROCKS mark raises some interesting points for discussion. -
IP Cases & Articles
Henry Martinez t/a Prick v Prick Me Baby One More Time
In Henry Martinez t/a Prick & Another v Prick Me Baby One More Time Ltd & Another, the Intellectual Property Enterprise Court of England & Wales (IPEC) has held that that the latter did not pass itself off as the former. -
IP Cases & Articles
Boston Scientific v Edwards: Witness cross-examination
In Boston Scientific Scimed v Edwards Lifesciences, the Court of Appeal of England & Wales has offered guidance regarding the cross-examination of expert witnesses. In particular, it has said that if a party elects not to cross-examine a witness, it should raise this decision in advance with both the other… -
IP Cases & Articles
Defining FRAND terms - end of the beginning?
As we have previously reported (see related articles for links), last year the High Court of England & Wales handed down a judgment in Unwired Planet v Huawei, which determined the terms of a licence for Unwired Planet’s Standard Essential Patents (SEPs) relating to mobile communication technologies on fair reasonable… -
IP Cases & Articles
Broad Institute CRISPR patent revoked: lack of priority
An EPO opposition division recently revoked The Broad Institute’s patent EP2771468, which is the first of a number of its patents relating to the CRISPR / Cas system to come before the EPO’s opposition divisions. -
IP Cases & Articles
EPO patent assignment recordal: signatures & evidence
The EPO’s approach to assignment recordal has changed over the last two years. At D Young & Co we have seen that the new approach has required applicants to provide more detailed documentation in support of their request which often results in the recordal taking longer than expected. -
IP Cases & Articles
US tribal sovereign immunity: Allergan & Saint Regis
In a keenly awaited decision the Patent Trial and Appeal Board ruled on the allowability of the Saint Regis Mohawk Tribe’s motion to dismiss a number of outstanding patent cases on behalf of Allergan. -
IP Cases & Articles
The right to be heard: notification by the EPO
The EPO recently published a decision of the Enlarged Board of Appeal regarding R 4/17; this was the eighth ever decision granting a petition for review. Petitions for review are the mechanism provided by the EPO (as set out in Article 112a EPC) for allowing parties to review the decisions…
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