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IP Cases & Articles
Louboutin v Van Haren Schoenen: CJEU interpretation of Shape
Christian Louboutin v Van Haren Schoenen and the CJEU’s interpretation of ‘shape’ within Article 3(1)(e)(iii) of Directive 2008/95. -
IP Cases & Articles
After Actavis: UK patent decisions post Actavis v Lilly
In Actavis v Lilly the Supreme Court introduced a doctrine of equivalents and a limited form of file wrapper estoppel into UK law. This case law has been applied in Generics v Yeda, L’Oréal v RN Ventures and Fisher & Paykel v Resmed. -
IP Cases & Articles
Inter partes review - challenges at US Supreme Court
In two recent decisions published simultaneously the US Supreme Court examines the constitutionality and the extent of inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB). -
IP Cases & Articles
T 0261/15 - novelty of overlapping ranges
In T 0261/15, a European Patent Office (EPO) Board of Appeal upheld a decision of the Opposition Division maintaining European patent No. 2247764 (British Steel Ltd) as granted. Significantly, the Board of Appeal decided that the limit values of a known range, although explicitly disclosed, are not to be treated… -
IP Cases & Articles
AG opinion in 'thorny issue' of Truvada SPC case
Advocate General (AG) Wathelet has given his opinion in relation to the question referred by the English Court concerning the interpretation of Article 3(a) of the supplementary protection certificate (SPC) regulation, particularly what are the criteria for deciding whether a product [see note 1 below] is “protected by a basic… -
IP Cases & Articles
Smart Reamer v Nov: existing patent licence disclosure
For those seeking to licence a patent, it is common practice when writing to a prospective licensee to allude to those parties already licensed but decline disclosure of those licences on the basis of confidentiality. The strategy is, broadly, to use the threat of litigation to encourage the prospective licensee… -
IP Cases & Articles
Parallel imports: what constitutes repackaging?
What constitutes repackaging for the purposes of Bristol-Myers Squibb and Boehringer Ingelheim? To what extent is the application of a label to a pack ‘repackaging’? These are issues addressed by the Court of Justice of the European Union in Junek Europ-Vertrieb v Lohmann & Rauscher International, Case C-642/16. The decision… -
IP Cases & Articles
Fil v Fidelis: trade mark infringement
In Fil v Fidelis, the Patents Court of England & Wales has held that Fil’s trade marks FIDELITY for ‘insurance services’, ‘financial services’ and ‘investment services’ are not infringed by the sign FIDELIS. The case demonstrates the increasing issues with enforcing trade marks where the class of goods or services… -
IP Cases & Articles
Anan Kasei Co v Molycorp Chemicals: Insufficiency
In Anan Kasei Co v Molycorp Chemicals, the Patents Court of England & Wales has found Anan Kasei Co’s patent entitled “Ceric Oxide and method for production thereof and catalyst for exhaust gas clarification” to be valid and infringed. -
IP Cases & Articles
La Mafia trade mark is contrary to public policy
General Court confirms EUIPO first instance decision that “La Mafia se sienta a la mesa” manifestly promoted the criminal organisation known as the Mafia, and that the full text of the word elements of the mark conveyed a message of conviviality and trivialised the word element “la mafia”, thereby distorting…
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