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IP Cases & Articles
Yahoo! v Facebook: Peace Breaks Out
Among the plethora of patent battles taking place in the mobile device sphere, a less well reported battle between two internet giants has recently settled. The battle was between an old veteran of the web, Yahoo! and a new upcoming giant, Facebook. -
IP Cases & Articles
Software: To Open Source, or Not to Open Source?
With at least half a million open source software (OSS) projects in the world1, OSS represents a significant aspect of contemporary software development. However, although there are advantages to be had from both using and releasing OSS, there are a number of issues to be kept in mind for the… -
IP Cases & Articles
Website and Email Prior Art: What's Publicly Available?
Under Article 54(2) EPC the state of the art comprises everything made available to the public by means of a written or oral description, by use, or in any other way, before the filing of a European patent application. -
IP Cases & Articles
Patent Box Strategies to Accelerate UK Granted Patent
The Patent Box places a potentially extremely high financial value on a granted UK patent (see notes 1 & 2 below), whereas a pending patent application has no value under the scheme. The race for getting granted UK patents is therefore now on. For UK manufacturing companies, profits arising from… -
IP Cases & Articles
European design rights and the Apple v Samsung dispute
Following on from an article we published in the February edition of this newsletter (in which we discussed national validation strategies for European patents), this article will consider how Registered Community Designs (RCDs) may be used as an additional method of rights protection. This is to be illustrated using the… -
IP Cases & Articles
USPTO Competition - Patents for Humanity
In addition to awarding patents, the United States Patent and Trademark Office (USPTO) will soon be awarding prizes. -
IP Cases & Articles
SPCs for combination products - common sense prevails?
Hot on the heels of the Medeva and related decisions late in 2011, the CJEU has issued its latest order on SPCs for combination pharmaceutical products. The order was issued remarkably quickly, within eight months of its referral by the UK Patents Court, and will be welcomed by innovator pharmaceutical… -
IP Cases & Articles
Patenting Plant Innovations at the EPO
In Europe, ‘plant or animal varieties or essentially biological processes for the production of plants or animals’ are excluded from patentability. The Enlarged Board of Appeal decision G1/98 attempted to clarify the distinction between a ‘plant’ and a ‘plant variety’. Plants which are not plant varieties have to date been… -
IP Cases & Articles
Referral to the Enlarged Board of Appeal for T445/08
Four Questions Regarding the Correction of an Appellant’s Name. -
IP Cases & Articles
Validation of European Patents - Selection Strategies
The year 2011 saw a number of disputes between companies in the electronics sector. Of these, the highest profile dispute was between Samsung Electronics Co Ltd and Apple Inc. In this first part of a two part article, we will discuss how different courts within Europe were effectively utilised by…
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