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IP Cases & Articles
Easygroup v Easy Rent A Car
Navigating the Recast Brussels Regulation (which regulates the jurisdiction of European Union member state courts) can be fraught with issues. In Easygroup v Easy Rent A Car, the English High Court has offered some guidance on the application of Articles 29 and 30. -
IP Cases & Articles
Sky v Skykick: clarity and bad faith in trade marks
Is an EU or national trade mark invalid because the relevant parts of the specification lack clarity? Does a trade mark owner act in bad faith if they apply for a mark in relation to goods and services for which they had no intention to use the marks for those… -
IP Cases & Articles
LOreal v RN Ventures: Shorter Trials Scheme
In L’Oreal v RN Ventures, the England and Wales High Court (Patents Court) has found L’Oreal’s patent and one of its registered designs for an electronic skin care device, designed to remove sebum plugs from skin pores for the treatment of acne, to be valid and infringed. -
IP Cases & Articles
R 0008/16: Procedural Issues before the EPO
R 0008/16 Laying Head with a Vibration Damping Device reminds those practising before the European Patent Office that, if there is a fundamental procedural defect during opposition proceedings, a formal protest should be made which is recorded in the minutes of any hearing. -
IP Cases & Articles
Unified Patent Court Immunities and Privileges Order 2018
Following the UK Privy Council’s approval of the Unified Patent Court (Immunities and Privileges) Order 2018, the UK is now in a position to ratify the Unified Patent Court Agreement and the Protocol on Privileges and Immunities. -
IP Cases & Articles
G1/16: door open for undisclosed disclaimers at EPO
The Enlarged Board of Appeal has now released its written decision in respect of G 1/16 (T 0437/14). This decision resolves the question regarding which standard is to be applied to determine whether an “undisclosed disclaimer” in a patent claim introduces added subject-matter (that is, it contravenes Article 123(2) EPC). -
IP Cases & Articles
EPO fee changes April 2018
In December 2017 we reported that the European Patent Office (EPO) was proposing some changes in certain fees. The EPO has now confirmed the fee changes that are to be implemented from 01 April 2018. The changes relate to the fees charged in the international phase where the EPO is… -
IP Cases & Articles
Supplementary Protection Certificate: Merck Sharpe and Dohme
There always seem to be multiple referrals to the Court of Justice of the European Union (CJEU) in the supplementary protection certificate (SPC) arena and 2017 was no exception. Towards the end of 2017 the CJEU issued C-567/16 Merck Sharpe and Dohme regarding the suitability of an end of procedure… -
IP Cases & Articles
Oil States Energy v Greene's Energy: Are IPRs unconstitutional?
The year is 1789. In New York, the First United States Congress meets, and declares the new United States Constitution to be in force. Article I of the Constitution grants the legislative branch its powers, including the power to grant patents. Article III sets up the judicial branch and gives… -
IP Cases & Articles
Challenging patent validity: Indian sovereign immunity
In US patent law, an inter partes review (IPR) may be filed against a granted patent by a third party in order to attempt to invalidate the patent (or cause narrowing amendments to be made). An IPR may be filed on the grounds of a lack of novelty, or for…
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