‘A family-run farm has won a legal battle against the multimillion-pound makers of plant milk, Oatly, which accused it of trademark infringement.’
BBC News, 5th August 2021
Source: www.bbc.co.uk
‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’
NIPC Law, 2nd August 2021
Source: nipclaw.blogspot.com
‘There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler manufactured by the Korean company Across Co., Ltd (“Across”) which Fox Group International Ltd. (“Fox”) enjoyed the exclusive right to distribute in the UK.’
NIPC Law, 23rd July 2021
Source: nipclaw.blogspot.com
‘Two former members of the Sex Pistols are suing singer Johnny Rotten for the right to use the band’s songs in an upcoming television series about the anarchic punk rock icons.’
The Independent, 15th July 2021
Source: www.independent.co.uk
‘In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.’
Law Pod UK, 1st March 2021
Source: audioboom.com
‘The University of Law has lost major elements of a trade mark dispute against a start-up that helps teenagers get into law school, after claiming the branding could damage its reputation.’
Law Society's Gazette, 5th November 2020
Source: www.lawgazette.co.uk
‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’
Competition Bulletin from Blackstone Chambers, 15th September 2020
Source: competitionbulletin.com
‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’
Competition Bulletin from Blackstone Chambers, 15th September
Source: competitionbulletin.com
‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’
Practical Law: Construction Blog, 9th September 2020
‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’
Law Society's Gazette, 26th August 2020
Source: www.lawgazette.co.uk
‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’
UKSC Blog, 2nd July 2020
Source: ukscblog.com
‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’
NIPC Law, 20th June 2020
Source: nipclaw.blogspot.com
‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’
Technology Law Update, 18th June 2020
Source: www.technology-law-blog.co.uk
‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’
NIPC Law, 17th June 2020
Source: nipclaw.blogspot.com
‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’
NIPC Law, 4th June 2020
Source: nipclaw.blogspot.com
‘Intellectual property lawyers report increased demand for services during Covid-19 crisis.’
The Guardian, 24th May 2020
Source: www.theguardian.com
‘Foreign patents could prevent UK citizens accessing treatment for COVID-19, warns Professor Mark Engelman.’
Counsel, May 2020
Source: www.counselmagazine.co.uk
‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’
Law Society's Gazette, 30th April 2020
Source: www.lawgazette.co.uk
‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’
NIPC Law, 11th April 2020
Source: nipclaw.blogspot.com
‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’
NIPC Law, 8th April 2020
Source: nipclaw.blogspot.com
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