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IP Cases & Articles
Interpreting patent claims: G 1/24 seeks Enlarged Board of Appeal clarification
G 1/24 seeks clarification of the legal basis for interpreting patent claims for the purpose of assessing patentability, particularly whether and to what extent the description and figures may be used. Recent Unified Patent Court (UPC) decisions have suggested that the description and drawings must always be used, highlighting a… -
IP Cases & Articles
Lack of inventive step from a realistic starting point: Sanofi v Amgen
The Unified Patent Court (UPC) has issued three substantive decisions in recent weeks which have kept European patent litigators with a keen interest in the new system on their toes. First we had the Düsseldorf Local Division decision in Franz Kaldewei v Bette on 03 July 2024, closely followed by… -
IP Cases & Articles
UPC departs from EPO selection principle in novelty analysis: Dexcom v Abbott
According to established European Patent Office (EPO) practice, a selection of one or more elements from a single list of specifically disclosed elements does not confer novelty. However, in Dexcom v Abbott the UPC Paris Local Division concluded that a single selection was sufficient to render a claim novel. -
IP Cases & Articles
UPC Court of Appeal corrects course for provisional measures in Abbott v SiBio
A recent wave of lawsuits relating to medtech devices has led to some interesting insights concerning the Unified Patent Court’s (UPC) approach to requests for preliminary injunctions. In this article we consider the questions of the UPC’s jurisdiction. -
IP Cases & Articles
Colour in the context of design registration protection in the UK, and when it can be worth considering
In the context of protecting the appearance of a consumer product in the UK using design registration protection, a focus on protecting the shape of the product is usually a promising starting point. Though, particularly when it comes to lookalikes, anyone seeking to mimic the appearance of a consumer product… -
IP Cases & Articles
The DF21 design searching service provided by the UK design registry: an underused, and overlooked, resource?
When it comes to commercialising a product in the UK, failure to perform any due diligence on whether its underlying design infringes an existing design registration covering the UK can be costly. -
IP Cases & Articles
Romania becomes 18th member state of UPC
Any unitary patent (UP) registered from 01 September 2024 will now designate Romania. -
IP Cases & Articles
CHIQUITA, tell me whats wrong: EUIPO errs in distinctiveness and similarity findings
The General Court has annulled the EU Intellectual Property Office’s (EUIPO) decisions concerning oppositions to the mark CHIQUITA QUEEN. -
IP Cases & Articles
Minuty SaS v Miura Brands: earlier mark wins the gold
A mutually shared distinctive element between two marks is enough to cause confusion. The EU Intellectual Property Office (EUIPO) found a likelihood of confusion between ROSE ET OR and OR ONLYROSE. -
IP Cases & Articles
EU Board of Appeal overturns refusal: distinctiveness of a position mark
The application (EU designation of IR No. 1729330) was a position mark filed by SRAM LLC seeking protection in respect of the following class 12 goods: “bicycles parts, namely cassettes, sprockets and sprocket wheels”. SRAM described the position mark as follows: “the trade mark claims protection for a ring like…
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