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IP Cases & Articles
UPC departs from EPO selection principle in novelty analysis: Dexcom v Abbott
According to established European Patent Office (EPO) practice, a selection of one or more elements from a single list of specifically disclosed elements does not confer novelty. However, in Dexcom v Abbott the UPC Paris Local Division concluded that a single selection was sufficient to render a claim novel. -
Newsletter
Patent Newsletter No.102
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IP Cases & Articles
ESAs innovative space bricks: paving the way for lunar construction
The European Space Agency (ESA) has embarked on an innovative project to develop 3D-printed “space bricks” from lunar regolith, which could revolutionise construction on the Moon. This initiative, involving 3D printing and LEGO-inspired modularity, not only advances the field of space engineering but also carries significant patent implications. -
IP Cases & Articles
Interpreting patent claims: G 1/24 seeks Enlarged Board of Appeal clarification
G 1/24 seeks clarification of the legal basis for interpreting patent claims for the purpose of assessing patentability, particularly whether and to what extent the description and figures may be used. Recent Unified Patent Court (UPC) decisions have suggested that the description and drawings must always be used, highlighting a… -
IP Cases & Articles
Lack of inventive step from a realistic starting point: Sanofi v Amgen
The Unified Patent Court (UPC) has issued three substantive decisions in recent weeks which have kept European patent litigators with a keen interest in the new system on their toes. First we had the Düsseldorf Local Division decision in Franz Kaldewei v Bette on 03 July 2024, closely followed by… -
IP Cases & Articles
German Federal Court of Justice: an inventor must be a natural person (DABUS)
The Bundesgerichtshof (German Federal Court of Justice, BGH) decided in its decision X ZB 5/22 of 11 June 2024 (DABUS) published today, that an inventor can only be a natural person. -
News
WIPR Leaders 2024
We are delighted to report that D Young & Co Partners Jana Bogatz, Matthew Dick, Tamsin Holman, Gemma Kirkland and Anna Reid, Senior Associate Peter Byrd, and IP Practices Manager Vicky Maynard, are featured as leading IP practitioners in WIPR Leaders 2024, highlighting the strength of our UK and German… -
IP Cases & Articles
UK Court of Appeal overrules High Court, saying AI inventions are in no better and no worse position than other computer implemented inventions
Late last year in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch), the High Court made the surprising (but potentially welcome) ruling that an artificial neural network (ANN) is not a program for a computer and should, in effect, be treated as… -
IP Cases & Articles
Net Zero Week 2024 IP Update
Net Zero Week 2024, the UK’s official national awareness week, ran from 06 to 12 July. Backed by the UK Government, Net Zero Week is aimed at individuals, business and industry, and the energy economy. It offers all stakeholders a dedicated platform to highlight solutions, voice opinions, explore strategy, and… -
IP Cases & Articles
UPC preliminary injunction update: 10x Genomics v Curio Bioscience
An order from the Unified Patent Court (UPC) Düsseldorf Local Division was published on 30 April 2024, granting 10x Genomics Inc a preliminary injunction against Curio Bioscience Inc.
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