Intellectual Property UK

  • July 02, 2024

    Microsoft Can't Get UPC To Throw Out Inventor's Patent Suit

    The Unified Patent Court on Tuesday rejected Microsoft Corp.'s bid to ax a patent infringement claim from a Finnish company, concluding that the managing director's decision to represent the business did not run afoul of the court's guidelines for independent counsel.

  • July 02, 2024

    Rolls-Royce, BMW Sue Parts Designer Over IP

    Rolls-Royce and BMW have accused a U.K. platform that sells bespoke car parts of infringing their trademarks by using their iconic logos without consent and misleading consumers.

  • July 02, 2024

    Toy Maker Sues Aldi Over Copycat Cuddly Teddy Dragon

    A manufacturer of collectible cuddly toys has accused Aldi of selling a rip-off of its dragon teddy design in its stores in Britain.

  • July 02, 2024

    Textile Biz Sues Workers For Poaching Premier League Clients

    A textile company with ties to several Premier League football clubs is suing two of its former employees after they committed "flagrant" breach of their duties by allegedly misusing trade secrets, copying designs and poaching clients when setting up their new company.

  • July 02, 2024

    Pfizer, BioNTech Infringed Moderna's MRNA Vaccine Patent

    Pfizer and BioNTech are on the hook for infringing Moderna's protections over its mRNA vaccines after a London court upheld on Tuesday the validity of one of two key U.K. patents over the technology.

  • July 01, 2024

    Artist Not Entitled To Exhibition Profits, Argues Arts Charity

    A charity has argued that an artist it previously sued for £100,000 ($125,500) over holographic portraits of the queen wasn't entitled to profits from a 2012 exhibition of those works.

  • July 01, 2024

    Philip Morris Patent Referred To EPO's Highest Appeal Board

    The validity of a Philip Morris patent related to a heated tobacco system is in limbo after an appeals board ruled that it couldn't make a ruling until the final forum of the European Patent Office clarified some issues.

  • July 01, 2024

    Monster Energy Runs Out Of Juice In 'M' Logo Challenge

    Energy drink giant Monster Energy has failed to convince appellate officials at the European Union's intellectual property authority that consumers would likely associate an 'M' logo trademark owned by a U.S. wellness products maker with Monster Energy's own branding.

  • July 01, 2024

    Bet365 Wins Logo's Trademark Appeal At EUIPO

    A British gambling company has convinced an appellate board to register a trademark for its name and logo, after a European Union court sent the case back for a second look.

  • July 01, 2024

    Huawei Told 5G Patent Obvious Based On 4G Predecessor

    Huawei cannot get a patent over its data management system applicable to 5G networks because it was obvious based on earlier tech for 4G networks, an appeals panel has ruled.

  • June 28, 2024

    War In Ukraine Driving 'National Security' Patents, Study Finds

    The government classified the highest number of patents as critical to the U.K.'s national security in the past four years in 2022, as Russia's invasion of Ukraine drives investment in military technology, according to research from Mathys and Squire.

  • June 28, 2024

    No Judge Race Bias In £30M Fox Williams Negligence Case

    A London court has rejected a Black television producer's allegations that a judge racially discriminated against him when tossing out his case that Fox Williams LLP botched his £30 million ($38 million) game show copyright claim.

  • June 28, 2024

    Dexcom Wins Bid To Nix Abbott Patent For Glucose Monitor

    A London judge nixed an Abbott patent for its flagship glucose monitoring device on Friday, ruling that a previous patent application revealed its key idea of an integrated device and ways of implementing it.

  • June 28, 2024

    Shein, Temu Ordered To Turn Over Info For EU Probe

    The European Union's executive arm said Friday it has ordered Temu and Shein to provide it with information relating to its new EU online content rules, following complaints from consumer organizations and its own investigations.

  • July 05, 2024

    EIP Hires Patent Litigator From Hogan Lovells In Germany

    Intellectual property boutique EIP has recruited a specialist in patent litigation from Hogan Lovells in Germany in a move to boost its disputes capabilities in relation to different fields of technology.

  • June 28, 2024

    Nike Can't Nix Inverted Black Tick EU TM

    Nike failed to block the registration of a trademark that resembles a hook or shark's head, after European officials ruled that it didn't look like the sportswear giant's iconic swoosh logo, even when examined upside down.

  • June 28, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.

  • June 27, 2024

    EU High Court Upends Servier Decrease Of Pay-For-Delay Fine

    French pharmaceutical giant Servier is back on the hook for all but €2.4 million ($2.57 million) of a more than €300 million European Union antitrust fine after the European Court of Justice upended a lower court decision that had reduced the penalty by over €100 million.

  • June 27, 2024

    NFT Game CEO Accuses Collaborator Of Keeping Biz Info

    The CEO of an NFT-winning online game has accused his former collaborator of refusing to hand over confidential information belonging to his gaming company after the pair's professional relationship broke down.

  • June 27, 2024

    Temu Says Ads Did Not Mislead Shoppers In Dr. Martens Suit

    Chinese fast-fashion giant Temu has denied claims that it promoted copycat Dr. Martens on sponsored Google search results, arguing that consumers would be unlikely to confuse boots sold on its platform for the famous British boots.

  • June 27, 2024

    EasyGroup Can't Claim TM It Isn't Using, Van Rental Biz Says

    Car and van rental firm Easihire has hit back in London court at easyGroup's claims of trademark infringement, arguing that the low-cost giant should lose the "easyHire" mark it relied on because it hadn't even used it.

  • June 27, 2024

    UPC Adds 8 Science And Technology Specialist Judges

    The European Union's Unified Patent Court has appointed a host of new judges, each with expertise in the fields of science and technology, as it grows in its second year in operation.

  • June 27, 2024

    DXC Wins TM Battle Against German Firm

    American information technology DXC can now register its trademark after U.K. intellectual property officials ruled against a German investment firm's claim that the name was too similar to its own and would confuse customers.

  • July 04, 2024

    Foot Anstey's IP Leaders Exit To Launch Boutique

    The former heads of Foot Anstey LLP's intellectual property team have set up their own shop with the help of Excello Law, launching a full-service IP boutique based in Manchester and London in response to a changing legal landscape.

  • June 27, 2024

    Hague Cracks Down On Copycat LVMH Vodka Brand

    A Dutch court has ordered a Milan-based drinks importer to hand over and destroy all its counterfeits of a Moët Hennessy-owned Polish vodka brand, but ruled that the bottles did not infringe the vodka maker's copyright.

Expert Analysis

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Vodafone Decision Highlights Wide Scope Of UK's FDI Rules

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    The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.

  • What The EU AI Act Could Mean For Patent Law

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    As the EU Artificial Intelligence Act has now been endorsed by all member states, companies and patent owners with interests in the bloc may want to prepare for when the act enters into force, including by considering potential subject matter exclusions, says Terence Broderick at Murgitroyd.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • Cos. Should Plan Now For Extensive EU Data Act Obligations

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    The recently enacted EU Data Act imposes wide-ranging requirements across industries and enterprises of all sizes, and with less than 20 months until the provisions begin to apply, businesses planning compliance will need to incorporate significant product changes and revision of contract terms, say Nick Banasevic, Robert Spano and Ciara O'Gara at Gibson Dunn. 

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Acquisition Of AI Tech Poses Challenges For Media Industry

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    The artificial intelligence regulatory landscape is changing quickly, and media and entertainment companies planning to acquire AI technology through a merger, acquisition or licensing deal should be mindful of potential new compliance requirements and AI-specific insurance products, say lawyers at Covington.

  • Cos. Should Weave Metaverse Considerations Into IP Strategy

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    In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • English Could Be The Future Language Of The UPC

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    While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.

  • Arbitration Remains Attractive For Digital Disputes In 2024

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    Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.

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