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IP Cases & Articles
UPC caseload insights and trends: November 2024
The Unified Patent Court (UPC) continues to publish its monthly case load analysis and it is clear that the court remains busy and continues to grow at a determined rate. This article provides insight on filing data and statistics from the UPC up to 30 November 2024. -
IP Cases & Articles
UPC claim construction: recent approaches to claim interpretation
Recent first instance decisions at the Unified Patent Court (UPC) have seen Local Division and Central Division judges apply the Court of Appeal’s decisions on claim interpretation. This article compares the approaches taken in three of these decisions. -
IP Cases & Articles
T1809/20: preferable patent language
In T1809/20 the European Patent Office (EPO) Board of Appeal revoked a patent for added matter because claim 1 of the main and sole auxiliary request comprised multiple selections at differing levels of disclosed “preference” without any pointer present in the application as filed for combining preferences of different levels. -
IP Cases & Articles
CRISPR patents revoked: applicant associated with Nobel Prize winners voluntarily withdraws
The University of California, the University of Vienna, and Emmanuelle Charpentier, applied for European patents relating to the use of CRISPR in eukaryotes. Patents EP2800811 and EP3401400 were initially maintained by the European Patent Office (EPO) at first instance in opposition. Both patents (which include Jennifer Doudna and Emmanuelle Charpentier… -
IP Cases & Articles
UPC preliminary measures: emerging trends
Preliminary measures, including injunctions and seizure of goods, covering all of the Unified Patent Court (UPC) participating member states are a powerful tool for patentees. As a counterbalance, potential infringers are permitted to file protective letters, which, whilst not eliminating the risk of a preliminary injunction, have the potential to… -
IP Cases & Articles
UPC recoverable costs: factors influencing the value of a revocation action
Recent orders of the Court of First Instance of the Unified Patent Court (UPC) Central Division (Paris Seat) indicate the factors a court may take into account when deciding upon the value of a revocation action (through the value of a patent to be revoked) and which band of recoverable… -
IP Cases & Articles
VETSURE v PETSURE: Court of Appeal overturns pet insurance ruling
In October 2023 the UK High Court found no infringement of the mark VETSURE by the brand PETSURE. VETSURE subsequently appealed the High Court decision on a number of grounds, the most interesting of which are discussed below. -
IP Cases & Articles
Drifting away from EU law? High Court explores tension between originality and artistry in WaterRower v Liking
In a long-awaited judgment, the High Court found that the UK test for copyright subsistence in respect of works of artistic craftsmanship cannot be reconciled with the InfoSoc Directive and Court of Justice of the European Union (CJEU) authorities. As a result, the claimant’s WaterRower machine would have satisfied the… -
IP Cases & Articles
Jima Projects two parallel stripes on sport shoe: General Court confirms lack of distinctive character for basic geometric shapes
The General Court (GC) upheld the European Union Intellectual Property (EUIPO) Board of Appeal’s decision, affirming that the following figurative sign lacked inherent distinctiveness. -
IP Cases & Articles
No room for reciprocity where generosity reigns: EU member states may not apply reciprocity principle
In this decision, the Court of Justice of the European Union (CJEU) ruled that European Union (EU) copyright laws prevent EU member states from implementing the Berne Convention’s reciprocity test for works of applied art. As a result, the copyright protection for such works originating from other countries does not…
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