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Newsletter
Patent Newsletter No.41
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IP Cases & Articles
Actavis v Lilly: file wrapper estoppel in the UK?
In the seminal UK case on claim construction, Kirin Amgen v Hoechst Marion Roussel, Lord Hoffmann, who gave the leading speech, commented that because Article 69 EPC focuses the scope of protection on the language of the claims, there was no doctrine of equivalents in Europe. -
IP Cases & Articles
A cease fire for Apple v Google?
On Friday 16 May 2014 it was announced that Apple and Google have reached a decision to drop the ongoing lawsuits between them and will work together to reform patent law. -
IP Cases & Articles
Motorola and Samsung: SEP anti-competition guidance
In the latest development in the smartphones war, the European Commission has now issued two decisions in respect of standard essential patents (SEPs), fair, reasonable and non-discriminatory (FRAND) commitments and anti-competition rules. -
IP Cases & Articles
Gleeful Decision: Comic v Twentieth Century Fox
In a victory for a true underdog, the High Court has ruled that the claimant’s figurative trade mark for “the Glee Club” was infringed by the defendant’s use of “glee” for a television series and subsequent promotion/merchandising. The defendant’s counterclaim for invalidity failed. -
IP Cases & Articles
Take Action to Prevent Trade Mark Genericism
Treating trade marks as common or generic terms undermines their essential function to inform consumers as to the origin of a product, which may result in loss of distinctiveness. Consider, for example, words such as “thermos”, “cellophane” and “escalator”, which were once registered trade marks but have been removed from… -
IP Cases & Articles
Boop-Oop-a-Doop! Betty Boop Decision
This case concerned a claim for both trade mark infringement and passing off in the High Court of England and Wales in relation to the well-known BETTY BOOP character. A copyright claim is due to be heard later. -
Newsletter
Trade Mark Newsletter No.74
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IP Cases & Articles
Sweden moves towards the unitary patent
The Swedish parliament are currently considering two patent bills, one of which mainly concerns amendments necessary for the adaptation of their law to the unitary patent system -
IP Cases & Articles
Central limitation of patents on existing litigation
From 13 December 2007, it became possible for a patentee to seek a ‘central limitation’ (or even revocation) of a granted European patent. If accepted, the effect of this would have retrospective effect back to the date of initial grant and would extend to all designated patents.
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