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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… -
IP Cases & Articles
Cost(s) of a Big Fat Gypsy Wedding dress: Madine v Phillips
The cap on recoverable costs is one of the key features of the Intellectual Property Enterprise Court (IPEC). The application of this cap was revisited in a recent dispute, Madine (t/a Nico) v Phillips (t/a Leanne Alexandra), which provides some useful guidance. -
IP Cases & Articles
Red Bull EU trade mark registrations invalidated
The General Court (GC) has recently upheld a decision invalidating two of Red Bull’s European Union Trade Mark (EUTM) registrations for a colour combination mark on the basis that they were not sufficiently clear and precise. -
IP Cases & Articles
Acacia v Audi and Porsche: the wheel meaning of the repair clause
By two joined cases, the CJEU has provided guidance on the scope of the “repair clause” within Article 110(1) of the Community Design Regulation. The repair clause excludes community design protection for designs which constitute a component part of a complex product for the purpose of the repair of that… -
IP Cases & Articles
Polo logos: Beverly Hills Polo Club v Santa Monica Polo Club
The High Court of England & Wales finds trade mark infringement and passing off in a battle between polo logos. This case was brought by the proprietor of UK and EU trade marks for the BEVERLY HILLS POLO CLUB logo (below), registered in relation to, amongst others, clothing goods in…
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