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IP Cases & Articles
Product-by-process claims at the UPC: lessons from Dsseldorf
A decision (ORD_68984/2024) from the Düsseldorf Local Division of the Unified Patent Court (UPC) provides useful guidance on how product-by-process claims are interpreted in litigation. The case concerned alleged infringement of EP3356109 B1, which relates to structural components used in vehicle frames. -
IP Cases & Articles
Article 3(d) of the SPC regulation: CJEU referral questions meaning of first authorisation
The German Federal Patent Court has referred to the Court of Justice of the European Union (CJEU) a question on the interpretation of Article 3(d) of the SPC Regulation, asking whether a marketing authorisation in respect of a veterinary medicinal product can be considered the “first authorisation” to place that… -
IP Cases & Articles
G 2/21 and the admittance of post-filed data for inventive step: T 1989/19 & T 1847/23 and reliance on common general knowledge
In G 2/21, the Enlarged Board of Appeal of the European Patent Office (EPO) held that a patent proprietor may rely upon a technical effect for inventive step if the skilled person, having the common general knowledge in mind, would derive said effect as being encompassed by the technical teaching… -
IP Cases & Articles
Ona Patents v Google: UPC places strong emphasis on procedural economy and a front-loaded approach
The Unified Patent Court (UPC)’s Düsseldorf Local Division has dismissed a direct infringement claim brought by Ona Patents against Google Ireland Ltd and Google Commerce Ltd (“Google” collectively) in respect of the French and German parts of EP2263098 , while also dismissing Google’s counterclaim for revocation. -
IP Cases & Articles
Lighting the way to quantum advantage: key IP considerations for photonics
In recent years, the field of photonics has grown from a scientific field of study to a core enabling technology in the quantum ecosystem. This article looks at the wide-ranging applications of photonics and some important intellectual property considerations when patenting technology in this area. -
IP Cases & Articles
UK Government announces femtech funding, innovation catalyst and business support
On Thursday 16 April 2026 the UK Government unveiled a refreshed Women’s Health Strategy. Much of this focuses on improving women’s access to healthcare and embedding women’s voices within NHS care, but the announcement also included a £1.5 million femtech challenge fund. -
IP Cases & Articles
AI output and copyright infringement: protection regarding an AI-generated image of real photograph (Underwater Dog)
An AI-generated image based on a real photograph as a model does not automatically constitute copyright infringement (decision of 02 April 2026, I-20 W2/26, OLG Düsseldorf). The court also clarified the requirements an AI-generated image must meet to enjoy copyright protection itself. -
IP Cases & Articles
New gTLD program: 2026 round brand protection opportunities and challenges
In the Internet Corporation for Assigned Names and Numbers’ (ICANN’s) latest initiative to expand the Domain Name System (DNS), eligible legal entities will be able to apply for new generic top level domains (gTLDs), including “.brand” extensions. -
IP Cases & Articles
Small town, big bite: local restaurant shows genuine use doesnt need a big footprint
A single steakhouse, social media buzz and cross-border visibility: the General Court clarifies how “local” use in one member state can still amount to genuine use in the European Union. -
IP Cases & Articles
Going nowhere with a bathing ape: earlier rights in EUTM oppositions
A Bathing Ape (BAPE) is a famous, luxury, Japanese fashion brand. The eponymous BAPE is sometimes stern and sometimes very cute. The cute BAPE is Baby Milo, who is often seen popping up on BAPE apparel and merchandise.
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