Expert Analysis

• Sheeran Ruling Raises Burden For Copyright Plaintiffs

  

  In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.

• Litigants Eager To Prove The Song Remains The Same

  

  Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.

• ECJ Ruling Strengthens German Patent Owners' Rights

  

  Following the European Court of Justice's recent ruling in Phoenix Contact, it is expected that German courts will issue more preliminary injunctions in patent cases, making Germany, and particularly Munich, an even more attractive venue for patent enforcement, says Sandra Mueller at Squire Patton.

• Taking A Long-Term View On Russia's Patent Landscape

  

  The imposition of sanctions following the invasion of Ukraine has raised questions about the future of patent procurement and enforcement in Russia, but companies should not dismiss their Russian patents prematurely, especially in industries such as energy, agriculture, electronics and cybersecurity, say Soniya Shah and Ming-Tao Yang at Finnegan.

• Assessing Litigation Uses Of USPTO 5G Development Study

  

  Jonathan Putnam at Competition Dynamics evaluates the arguments for and against studies like the U.S. Patent and Trademark Office's recent examination of 5G developers' patent activities, analyzing whether such assessments are reliable for litigation.

• Latest Song Copyright Rulings Clarify What's Protectable

  

  Recent copyright infringement decisions in favor of musicians Ed Sheeran, Katy Perry and Led Zeppelin should help turn the tide against frivolous music copyright lawsuits, says Gerald Sauer at Sauer & Wagner.

• How To Wind Down Patents In Russia Over Next 3 Months

  

  With June 23 approaching as the last day on which U.S. businesses may pay anything to the Russian patent office for filing patents directly or through international Patent Cooperation Treaty applications, practitioners should begin making crucial filing and search decisions now to avoid liability, says Mark Mathison at Kilpatrick.

• Evaluating M&S Bottle Design Infringement Case Against Aldi

  

  A central issue in Marks & Spencer's recently filed intellectual property infringement suit over Aldi's Gold Flake Gin Liqueur bottles may be whether the informed user would have the same overall impression from the M&S registered bottle design and the Aldi designs, say Alex Borthwick and Fraser Simpson at Powell Gilbert.

• Brexit's Effect On UK Trademarks, 1 Year Later

  

  Charlotte Wilding at Wedlake Bell discusses the status of U.K. trademark rules and regulations one year post-Brexit, including a potential increase in intellectual property rights and challenges, delays at the Intellectual Property Office and a growth of innovation and divergence.

• Opinion

  Filing For Patents In Ukraine Is A Viable ESG Strategy

  

  As part of their environmental, social and corporate governance efforts, U.S. companies should consider seeking patent protection in Ukraine, supporting the country in a way that may pay off financially as Ukraine modernizes its economy and integrates with Europe, says Mark Mathison at Kilpatrick.

• Germany's Google Controls Illustrate Global Antitrust Trend

  

  Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

• Opinion

  Solution To Patent Eligibility Quagmire Lies In Constitution

  

  A lack of clarity on patent eligibility has undermined the credibility of the patent system, and a possible resolution is for courts or Congress to define judicial exceptions to patent-eligible subject matter in their most concise form — in line with constitutional guarantees, says Indi Rajasingham at the Mmillenniumm Group.

• Examining EU's Drift Toward US-Style Employer Pact Scrutiny

  

  As European Union competition authorities express enforcement interest in employment issues such as no-poach and wage-fixing agreements — which have been the subject of U.S. enforcement action for some time — companies may need to recalibrate their training and compliance programs accordingly, say attorneys at Crowell & Moring.

• What SEP Holders Can Take Away From UK's Apple Ruling

  

  A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

• AI Inventorship Decision Leaves Open Questions

  

  A Virginia federal court's recent decision in Thaler v. Iancu, finding that artificial intelligence cannot be named as a patent inventor, highlights questions that will have to be answered as AI increasingly contributes to inventorship, especially in the pharmaceutical industry, say attorneys at DLA Piper.