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IP Cases & Articles
Stays of UK patent proceedings:revised guidance
We are often asked whether the UK courts stay patent litigation pending the outcome of European Patent Office (EPO) oppositions. Practice within Europe varies – for example, in Germany it isn’t possible to have national invalidity proceedings where there is a pending opposition, and infringement proceedings typically are not stayed.… -
IP Cases & Articles
Inventive Step Evidence - The Correct Approach
Mr Justice Arnold, now the senior judge in the English Patent Court, recently reemphasised the importance of correctly instructing experts on inventive step in the UK. In HTC v Nokia, Arnold J was somewhat critical of the manner in which HTC had instructed its expert when considering inventive step, indicating… -
IP Cases & Articles
HTC v Nokia: licence defence may be narrow
On 30 October 2013, Arnold J gave judgment in HTC Corporation v Nokia Corporation, a case concerning a non-standards essential patent relating to mobile phones. In this case, Nokia alleged that several HTC phones infringed the patent through their inclusion of chips supplied to HTC, in Taiwan, from Broadcomm and… -
IP Cases & Articles
Dont Let Leaked Information Wipe Out Your Patents
Before the advent of the Internet, publication of information to a global audience used to require significant planning and financing. This meant that it was difficult for an individual to publish information that was subsequently seen globally. However, the Internet has changed that. It is now possible to publish information… -
Newsletter
Patent Newsletter No.38
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IP Cases & Articles
London Brand Domain - .London Sunrise Expected 2014
London is set to become one of the first cities in the world to have its very own top level domain (TLD) - .london. The new .london domain registry will be operated by Dot London Domains Limited, a subsidiary of London & Partners, who are the official promotional body for… -
IP Cases & Articles
EUIPO (OHUM) Manual: Major Change to Classification
On 25 November 2013 the Community Trade Mark (CTM) Manual (which sets out the standard practice and guidelines followed by OHIM in the handling of CTMs) introduced a new standard practice for examination of classifications. -
IP Cases & Articles
Merck & Co Inc (MCI) v Merck KGaA (MKG) gTLD Decision
In two recent related decisions, which are amongst the first in which non-dictionary generic top-level domain (gTLD) terms have been challenged, a World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre panel has rejected objections against gTLD applications to register .merck and .emerck. -
IP Cases & Articles
Decision Tips on Lack of Distinctive Character
Obtaining registration for ‘unconventional trade marks’, such as colours, shapes, sounds or smells, is notoriously difficult; a common reason for refusal being that such marks lack distinctive character. -
IP Cases & Articles
Fast Track UK Trade Mark Opposition Procedure
On 01 October 2013, the UK Intellectual Property Office (UKIPO) launched a new fast track trade mark opposition procedure. The new streamlined procedure, which will run alongside the standard opposition route, has been introduced with a view to making UK oppositions more appealing to prospective opponents, enabling them to be…
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