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IP Cases & Articles
EPO examination reports: will be refused a substantial procedural violation?
It can be frustrating for applicants to feel arguments and evidence is not being considered by an examiner during the examination process. The right to be heard is enshrined in Article 113 EPC under European patent law. Violating this right is a substantial procedural violation. One of the consequences of… -
IP Cases & Articles
Unwired Planet and Conversant: UK courts may set global FRAND terms
In an earlier article, we provided a summary of the main findings of the UK Supreme Court in appeals related to the setting of a global, FRAND, patent licence by the English Patents Court. This article sets this judgment in context, and explores how this judgment and others in related… -
IP Cases & Articles
Doctrine of equivalents - the validity-infringement gap
In 2017 a doctrine of equivalents was unexpectedly introduced into the UK in Actavis UK Ltd and others v Eli Lilly and Company. This doctrine updated the previous principles of purposive construction and allowed patentees to seek remedies for infringement of a patent claim by a product or process falling… -
IP Cases & Articles
Contactless payment: High Court Lenovo case clarifies UK patentability
The contactless payment market is expected to grow rapidly over the next few years to reach US $20 billion by 2026. This is an area where innovation is very important and so protecting this innovation is vital. It is therefore no surprise that a very recent decision, which was handed… -
IP Cases & Articles
EPO oral proceedings by video conference: what to expect and how to prepare
Facing up to the challenges that social distancing and travel restriction bring the European Patent Office (EPO), like many organisations and businesses in 2020, has introduced video conferencing (ViCo) as an important means to facilitate communication. -
IP Cases & Articles
UK High Court: Merck Sharpe & Dohme v Wyeth
Common general knowledge is instrumental in the UK High Court’s revocation of Wyeth’s UK vaccine formulation patent, whilst narrow claim construction leads to finding of non-infringement. -
IP Cases & Articles
UK High Court rejects AI inventors
Readers may be aware of the increased interest in the question of whether an artificial intelligence can be named as an inventor of a patent application. The UK High Court has now issued a decision on the appeal raised by Dr Thaler regarding whether his AI named “DABUS” can be… -
IP Cases & Articles
Remote hearings in the UK courts is this the virtual road ahead?
Over a few short weeks during March and April 2020, the English court system was forced to reform and modernise the way that court services are delivered, in particular by embracing the use of video technology. Up to that point, fully remote video hearings in the civil courts had only… -
IP Cases & Articles
(In)Divisibility of the grounds of invalidity & the need for reasoned statement
Does Art. 25(1)(b) of the Community Design Regulation (CDR) require the EUIPO to assess whether all requirements under Art. 4-9 CDR are met? If the answer is no, when is there a need for a reasoned statement? -
IP Cases & Articles
Logitechs 3D shape mark: EUIPO drops the mic
In case R 2630/2019-4, the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) dismissed Logitech’s appeal against the refusal to register its 3D mark for the shape of a microphone. The Board of Appeal agreed with the examiner’s assessment that the mark lacked distinctive character under…
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