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Intellectual Property UK
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August 21, 2025
UPC's Arbitration Center Gears Up For 2026 Launch
The Unified Patent Court's alternative dispute resolution arm has invited interested candidates to apply to serve as mediators, arbitrators and expert determinators as it aims to become fully operational early next year.
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August 21, 2025
Game Over For Sony In Fight Against 'Cheat Software'
A German court has ruled that "cheat software" for a video game doesn't infringe the developer's copyright under European Union law as long as the tool leaves the program code alone, marking a major blow to Sony in its decade-old battle against tech firm Datel.
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August 21, 2025
LG Chem Can't Revive Absorbent Polymer Patent At EPO
LG's chemicals arm has lost its attempt to revive a patent for an absorbent polymer following a challenge from a Japanese rival, failing to convince an appeals panel that the tech is inventive.
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August 21, 2025
Germany's Top Court Clarifies Rules For Insolvent Infringers
Germany's highest civil court has ruled that holders of intellectual property rights can seek injunctions against insolvent companies even if no administrator is in place.
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August 21, 2025
Pfizer Faces UPC Case In 2nd IP Battle Over COVID-19 Pill
Pfizer is facing a patent infringement claim in Europe over its blockbuster Paxlovid COVID-19 treatment, marking its second court battle against Enanta Pharmaceuticals after the biotech firm's copycat claims failed to sway a U.S. judge last year.
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August 20, 2025
UPC Won't Refer Costs Questions To Top EU Court
The Unified Patent Court said Wednesday that it cannot refer questions of its framework or procedures to the European Union's top court, ruling that such issues fall outside the bloc's jurisdiction.
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August 20, 2025
Merck Sharp Takes Aim At Halozyme's UK Drug Delivery IP
Merck Sharp & Dohme has asked a London court to revoke an under-the-skin drug delivery patent belonging to Halozyme, arguing that the blueprint isn't inventive because it solves no technical problem.
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August 20, 2025
Lost Mary Vape Maker Blocks Rival's 'Love Mary' TM In UK
The maker of the popular Lost Mary disposable vapes has convinced British officials to block a rival's "Love Mary" trademark application because it appeared to be misleading shoppers into buying the similar-looking products.
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August 20, 2025
Abbott Sues Chinese Rival Over Glucose Monitor UK Patent
Abbott has accused a Chinese rival of infringing two patents protecting tech that continuously monitors glucose levels in diabetes patients — the second attempt by the American company to block Sinocare from selling its products in the U.K.
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August 20, 2025
Pharma Co. Asks Court To OK Blood Pressure Drug Sales
A pharmaceuticals company has asked a London court to confirm that its blood pressure drug does not infringe a competitor's patent as it seeks to clear a path to carry on selling the treatment in the U.K.
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August 19, 2025
Med-El Targets Chinese Rival Over MRI-Safe Implant Patent
Austrian medical device company Med-El has filed a fresh claim against a Chinese rival, alleging that it has infringed its patent for a magnet used in cochlea implants that can be worn in MRI machines.
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August 19, 2025
Dyson Wins UPC Injunction Over Hair-Curler Product In Spain
Dyson has persuaded the Unified Patent Court to stop a Hong Kong-based rival from selling its hair-curler products in Spain, further demonstrating the court's willingness to issue injunctions outside the unitary system.
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August 19, 2025
Channel 5 Defends Hurricane Footage As Fair Reporting
U.K. broadcaster Channel 5 has denied claims that it infringed a storm chaser's copyright by airing his videos of Hurricane Beryl's destruction of a Caribbean island during a news program in 2024, arguing that its actions were protected by fair use.
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August 19, 2025
Pfizer, Astellas Beat Challenge To Prostate Cancer Drug Patent
A group of 11 companies have lost their bid to nix an Astellas and Pfizer patent protecting the prostate-cancer drug Xtandi at the European Patent Office, as their method for making a single solid tablet instead of four gel capsules wasn't obvious at the time.
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August 19, 2025
BitTorrent Keeps EU TM Despite Queries Over Atty's Evidence
The company behind file-sharing platform BitTorrent has fought off an Austrian rival's attempt to revoke its European Union trademark over its name, marking the latest chapter in the businesses' long-running dispute over the brand.
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August 18, 2025
Moderna Fails To Block UPC Claims Against Subsidiaries
Moderna failed Monday to convince judges at the Unified Patent Court to throw out claims levied against its subsidiaries based outside of UPC member states, marking the latest challenge to the court's long-arm jurisdiction outside the EU.
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August 18, 2025
Speak Now Or Forever Lose EU TMs As Brexit Cut-Off Looms
Businesses in Britain must immediately take stock of their trademark portfolios to ensure they do not lose European Union-wide protection by the end of 2025 as the five-year deadline for proving genuine use of marks in the bloc is fast approaching.
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August 18, 2025
Patent Trust Can't Block Phone-Maker's Access To Information
The Unified Patent Court has rebuffed a patent trust's attempt to have an order suspended allowing phone-maker Vivo to see confidential information in the pair's ongoing dispute, ruling that the trust must first file an appeal.
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August 18, 2025
Uni Must Pay Rival's Costs After Pulling 42 TM Applications
The U.K. Intellectual Property Office has ordered the former University of Bolton to pay a rival £17,000 ($23,000) in costs after withdrawing 42 trademark applications linked to its rebranding to the University of Greater Manchester.
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August 18, 2025
Apple Revives 'Drag & Drop' Touchscreen Patent Application
A European appeals board has handed Apple a second shot at securing a patent for its touchscreen technology, ruling in a decision published Monday that an earlier refusal of its application contained procedural flaws.
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August 15, 2025
Getty Refiles Copyright Case Against Stability AI In Calif.
Getty Images voluntarily dropped a copyright infringement suit in Delaware against an artificial intelligence startup it claims used millions of photos without permission, but refiled in California where the startup contends the case can be heard.
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August 15, 2025
Epson, Amazon Awarded $7.2M In Counterfeit Ink Suit
A Washington federal judge has granted Amazon and Seiko Epson default judgment against a group accused of selling counterfeit printer ink, agreeing to the two companies' request for $7.2 million in damages.
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August 15, 2025
O2 Fails To Block US Software Co.'s 'O9' Trademark
European officials have dismissed O2's bid to nix a rival trademark for "O9," ruling that the differences between the marks were easily noticeable and would prevent consumers from thinking that the rival services belonged to the telecommunications brand.
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August 15, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.
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August 15, 2025
Lenovo Denied UK Patent For Multitasking Screen
Lenovo has failed to patent a new way of displaying information to users on an electronic device, after British officials ruled that the invention didn't go beyond the normal processes of a computer system.
Expert Analysis
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IP Considerations As UK Maintains Exhaustion Regime
The U.K. government's decision to keep its existing regime of exhaustion of intellectual property rights means IP owners should review their existing and new European distribution agreements to account for the different regimes in the U.K. and European Union, says Rebecca Anderson-Smith at Mewburn Ellis.
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EPO Ruling On Claim Interpretation Will Have Broad Impact
The European Patent Office Enlarged Board of Appeal’s recent decision, finding that the description and drawings in a patent should always be consulted to interpret claims, will fundamentally change how the EPO interprets patent claims in both examination and opposition proceedings, say lawyers at Finnegan.
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Fashion IP Lessons From UK Design Rights Ruling
The Intellectual Property Enterprise Court’s recent ruling in Edwards v. Boohoo.com illustrates the challenges that independent designers face when attempting to enforce unregistered design rights in an era dominated by fast fashion, while also highlighting the utility of the IPEC, say lawyers at Finnegan.
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Should Patent Disputes Be Filed In The ITC Or UPC?
When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.
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Prospects And Challenges For Expert Evidence At The UPC
Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.
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Strategies For Litigating In The Unified Patent Court
Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.
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Incorporating UKIPO Guidance Into AI Patent Strategies
Updated guidance from the U.K. Intellectual Property Office sheds light on how it assesses patents for artificial intelligence inventions and highlights approaches that improve applicants' options for demonstrating that AI provides a technical contribution, say lawyers at Finnegan.
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Clarity On Knotty Patent Jurisdiction Questions From CJEU
The recent ruling from the Court of Justice of the European Union in BSH v. Electrolux sheds light on how the jurisdiction of the Unified Patent Court competes with that of the EU member state courts over infringement and validity actions, and could extend international jurisdiction of the EU courts in several ways, say lawyers at August Debouzy.
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Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
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What Businesses Need To Know About EU Design Law Reform
Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.
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What Latest VC Model Document Revisions Offer UK Investors
Recent updates to the British Private Equity and Venture Capital Association model documents, reflecting prevailing U.K. market practice on early-stage equity financing terms and increasing focus on compliance issues, provide needed protection for investors in relation to the growth in global foreign direct investment regimes, say lawyers at Davis Polk.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Opt-Out Strategy Considerations After Ruling In UPC Appeal
The Court of Appeal of the Unified Patent Court in AIM Sport Development v. Supponor recently clarified the circumstances under which a withdrawal of an opt-out from UPC jurisdiction is possible, bringing new strategic considerations for both patentees and potential defendants, say lawyers at Finnegan.
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Opinion
EU's AI Code Of Practice Creates Risk Of Regulatory Clashes
The second draft of the European Commission's Artificial Intelligence Code of Practice significantly expands beyond the European Union's existing legal framework for AI — especially around copyright protection, public transparency and reporting obligations — and risks interfering with other EU laws by introducing requirements contrary to existing regulations, say lawyers at MoFo.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.