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IP Cases & Articles
T 1473/19: claim interpretation in view of the description
In T 1473/19, the European Patent Office (EPO) Board of Appeal revoked a patent for added matter, because the normal interpretation of the claim lacked basis following a missing comma discrepancy between the claims and the description. -
IP Cases & Articles
Unified Patent Court: the beginning of a new era
Thursday 01 June 2023 marks the beginning of a new era for the European patent system: after decades of working towards simplifying patent litigation in Europe, the Agreement on a Unified Patent Court (UPCA) has entered into force, and the Unified Patent Court (UPC) has opened. Moreover, as an alternative… -
IP Cases & Articles
Milan to host third branch of UPC Central Division
It has recently been announced that Milan is to host the third branch of the Unified Patent Court Central Division. -
IP Cases & Articles
Appeal against wide form confidentiality regime in SEP infringement proceedings: InterDigital Technology Corp v OnePlus Technology (Shenzhen) Co
This is an appeal against the decision issued by the first instance court in a case management conference (CMC) between OnePlus Technology (appellant) and InterDigital (respondent). The CMC was part of an infringement proceedings involving standard essential patents (SEPs). The case management decision ruled on, among others, the terms of… -
IP Cases & Articles
GOURMET & INSIDE: General Court sets out requirements for evidence of genuine use
Two General Court decisions, Sympatex Technologies v EUIPO (INSIDE) and Transgourmet Ibérica SAU v EUIPO (GOURMET), provide clarification regarding the requirements for evidence of use. -
IP Cases & Articles
Umbr-no: UK High Court finds Dream Pairs logo does not infringe Umbro trade marks
Umbro’s claim the Dream Pairs logo infringed its trade marks has failed on the basis of lack of similarity of the signs. In the High Court proceedings, Iconix Luxembourg Holdings SARL (Umbro) claimed that the Dream Pairs logo was an infringement of two of its registered trade marks (shown below). -
IP Cases & Articles
Hecht Pharma v EUIPO: General Court offers guidance on genuine use of pharmaceutical products
In this decision the General Court clarified multiple aspects of genuine use of trade marks for pharmaceutical products. Gufic BioSciences Ltd (Gufic) is an Indian pharmaceutical company specialising in ayurvedic medicines. Gufic owns European Union Trade Mark (EUTM) number. 008613044 “Gufic” in classes 3, 5 and 29, which was filed… -
IP Cases & Articles
Sweet defeat for Lindt: Appointed person dismisses appeal in Teddy v Teddylicious dispute
The appointed person has upheld a decision made by the UK Intellectual Property Office (UKIPO) in rejecting an opposition made by Chocoladefabriken Lindt & Sprungli AG (Lindt) against a UK trade mark application for the figurative mark TEDDYLICIOUS in relation to chocolate desserts, cakes, and related retail and wholesale services… -
IP Cases & Articles
Three pitfalls when obtaining UK or EU design registration and tips to avoid them
With respect to both UK and EU design registration protection, one of their primary benefits is that they can provide fast and cost effective protection, particularly where multiple designs are pursued in a single UK or EU registered design application. -
IP Cases & Articles
Peppa Pig v Wolfoo: IP dispute gets territorial
The UK was found to be the target after the High Court clarified the jurisdiction in a dispute involving internet platforms. The owners of Peppa Pig succeeded in keeping their IP infringement claim in the UK courts after the creators of Wolfoo failed to convince the High Court that Vietnam…
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