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Good news for those selling copies of iconic works as proposed repeal is put on back burner;...
Welcome decision redresses the previous imbalance between patentee and prospective licensee.
Community trademarks: what is the territorial extent of the requirement for use and acquired distinctiveness?
Two recent decisions of the Intellectual Property Enterprise Court have raised interesting questions about the territorial requirements for use of CTMs by the proprietor.
The US Supreme Court was invited to overturn Brulotte, which would have aligned its licensing law with Europe. It failed to do so.
Hospira v Genentech III: Swiss form claim obvious in view of paper reporting the existence of Phase III trial
Arnold J has delivered the latest blow in the ongoing saga surrounding trastuzumab (the monoclonal antibody in Herceptin) and Hospira’s continued efforts to knock out Genentech’s patents.
In a dispute between Smith & Nephew and ConvaTech, the CoA has ruled that “between 1 per cent and 25 per cent” extends to all values = 0.5 per cent and <25.5 per cent.
Eli Lilly succeeds in overturning award of DNIs regarding UK, FR, IT and ES designations of its European patent
The Court of Appeal has delivered its long-awaited judgment in the Actavis v Eli Lillydispute, ruling that Actavis is not entitled to a declaration of noninfringement (DNI) of Eli Lilly’s European patent.
The General Court (Third Chamber) in Luxembourg has ruled that Lego’s mannequin shape CTM is valid. The good news for Lego follows the General Court’s 2008 decision that its registration for its brick shape was invalid.
Advocate General Wathelet’s Opinion, of 11 June 2015, indicates that Nestlé’s unbranded KitKat finger shape will not be registrable as a trademark in the UK.
‘Swiss’ form patent claims do not need subjective intent for infringement: Court of Appeal rules in Warner-Lambert v Actavis
The English Court of Appeal has issued considered, well-reasoned guidance on the construction of patent claims in ‘Swiss’ form. The decision is likely to have impact well beyond British shores.
A settlement agreement between Stretchline Intellectual Properties Ltd (Stretchline) and H&M Hennes & Mauritz UK Ltd (H&M) precluded H&M from challenging the validity of the patent concerned.
£27m award for delays to generic capsules launch is upheld.
Decision clears the way for the launch of ‘generic’ patches...
Some surprising observations as court finds a likelihood of confusion between the earlier mark SKY and the requested mark SKYPE.
Court of Justice of the European Union dismisses Spain’s challenge to the legality of the regulations establishing the unitary patent.
CoA also rejects invitations from the parties to refer various questions of law to Europe.
What protection does a Community Trade Mark confer? And how far does the own name defence extend? The Court of Appeal of England and Wales was split in a recent case.
A strong indication as to the direction of travel of future legislation.
Welcome clarity from the European Patent Office as to the scope of claim ‘examination’ in the course of post-grant amendment proceedings.
SPCs and combination products: basic patent on a sole ingredient cannot double as basic patent for combination
On 12 March 2015 the CJEU gave its ruling in Actavis v Boehringer Ingelheim, yet another reference from the UK courts regarding the interpretation of the SPC Regulation 469/2009.