The very latest briefing notes, news & events from Carpmaels & RansfordLatest briefing notes, news & events The EPO updates its guidelines with a section dedicated to AIThe update to the guidelines provides clarity on how the EPO’s existing legal framework will be applied to AI inventionsRead More 04Oct2018 Can AI inventions be patented in Europe?A brief review of the EPO’s approach to assessing AI-based inventionsRead More 25Sep2018 News on the UK’s involvement in the UPC after BrexitThe UK government has published additional information about how the UK might participate in the Unified Patent Court after BrexitRead More 24Aug2018 IP Stars Handbook 2018Eight of our partners recognised as IP Stars by Managing IPRead More 16Aug2018 An update on IP and BrexitUKIPO helps to clarify the future relationship between the UK and EU on intellectual propertyRead More 31Jul2018 “No Break” for Nestlé in CJEU rulingThe CJEU recently gave the latest ruling in the chocolate trade mark wars between Nestlé and MondelezRead More 31Jul2018 Teva v Gilead C-121/17The CJEU further describes the criteria for obtaining an SPC for a combination of active ingredientsRead More 25Jul2018 UK Government publishes Brexit White PaperAn update on the United Kingdom’s plans for withdrawal from the European Union, including in relation to intellectual property rightsRead More 18Jul2018 UK Supreme Court rules on who should pay for website blocking ordersBrand owners not ISPs to foot the bill for implementing blocking orders against websites offering infringing goodsRead More 11Jul2018 Carpmaels & Ransford announces new additions to the partnershipThe firm is delighted to announce that it will welcome two new partners on the 1st JulyRead More 25Jun2018 Crikey! The PCT filing deadline has passed inadvertentlyHow to still save your priority dateRead More 25Jun2018 Who’s Who LegalEight Partners from Carpmaels & Ransford have been recognised in the most recent publication: Who's Who Legal, Patents 2018Read More 18Jun2018 The Red ShoesChristian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV, Case C‑163/16Read More 18Jun2018 IAM Patent 1000 rankings 2018The firm and its partners are highly recommended in the IAM Patent 1000 directoryRead More 15Jun2018 Second medical use claims to medical devicesA decision (T1758/15) from the EPO Boards of Appeal helps to clarify the requirements for second medical use claims to medical devices under Article 54(5) EPCRead More 21May2018 Top 250 Women in IPCarpmaels & Ransford Partner recognised for excellenceRead More 03May2018 UK ratifies the UPC AgreementThe UK moves forwards with the biggest update to European patent law in 40 yearsRead More 27Apr2018 Teva v Gilead C-121/17A legal opinion prepared for Europe’s highest court recommends an approach to Article 3(a) of the SPC RegulationRead More 25Apr2018 Brexit and the impact on .eu domain namesPractical steps for UK owners of .eu domain names to consider in light of BrexitRead More 20Apr2018 Because the licensee is worth it, L’Oréal v RN Ventures LimitedClaiming costs and expenses in UK High Court litigation as a licenseeRead More 12Apr2018 The same, but better – Shire v European Medicines Agency (T 80/16)The General Court approves of innovator’s improved follow-on orphan drug with same active as its earlier productRead More 29Mar2018 Brexit: business as usual until 2020 and beyondThe UK’s recent agreement with the EU confirms that EU IP rights will continue to be effective in the UK after BrexitRead More 21Mar2018 Intellectual property rights – what does the future hold after Brexit?Recent publications from the European Commission and the UK Government shine some light on the future of IP rights after the UK’s departure from the EURead More 16Mar2018 EUIPO publishes Q&A on the impact of a “no-deal” BrexitThe Q&A guide is the EUIPO’s interpretation of what will happen under existing laws in the event that no agreement is reached between the UK and EURead More 15Mar2018 United Kingdom joins the international design systemIncreased flexibility when seeking protection in the UK via the international routeRead More 14Mar2018 G 1/16 (Disclaimer III)Clarification of disclaimer practice at the EPORead More 12Mar2018 UK Patent Prosecution Firm of the Year 2018Carpmaels & Ransford again recognised for excellence by MIPRead More 09Mar2018 World Trademark Review 2018 – The World’s Leading Trademark ProfessionalsTrade Marks and Dispute Resolution teams receive recognition in the latest edition of WTR 1000Read More 01Mar2018 Cantel Medical (UK) Ltd v Arc Medical DesignValid and infringed: Carpmaels & Ransford successfully defends Arc Medical’s IP rights in the High CourtRead More 23Feb2018 Are UK companies making best use of the patent system?Rachel Taylor reports on recent research published by the UK Intellectual Property OfficeRead More 13Feb2018 Restorations – the UK landscapeIP rights are essential to many businesses but in some circumstances they may be lostRead More 08Feb2018 Restoring lost IP rights: Prevention is better than cureUnintentional loss of valuable registered IP rights, whether patents, trade marks or other rights can be extremely distressingRead More 31Jan2018 Sandoz v SearleCJEU referral on Article 3(a) of the SPC RegulationRead More 30Jan2018 Best IP Advisor: UK & IrelandCarpmaels & Ransford is recognised for excellence by Leaders LeagueRead More 26Jan2018 UKIPO announces fees for excess claims and excess pagesJohn Snape and Philip Naylor report on the upcoming introduction of new fees at the UK Intellectual Property OfficeRead More 24Jan2018 Pharmaceutical branding: trade mark and regulatory considerationsThere are many considerations when adopting a new pharmaceutical brand. These cover a range of creative and legal issuesRead More 17Jan2018 Hot Off the Press: Clarity on disclaimers in Enlarged Board decision G1/16The Enlarged Board of Appeal of the EPO has just handed down its decision G1/16, clarifying the different standards for allowability of “disclosed” and “undisclosed” disclaimers.Read More 19Dec2017 Some effort requiredLara Elder explains why a Primark slogan prevailedRead More 14Dec2017 Progress for the UPC AgreementThe UK moves forwards with the biggest update to European patent law in 40 yearsRead More 13Dec2017 Carpmaels in the Community 2017Carpmaels & Ransford staff have supported the local community through a variety of activities this yearRead More 13Dec2017 SPCs: clarity on claims with functional features?A new referral asks for more clarity regarding the type of patent claim required for an SPCRead More 07Dec2017 Actavis v ICOSWill dosage regime patents stand up in the UK courts?Read More 24Nov2017 Reasons for recordal 1, 2, 3…Failure to register intellectual property rights (IPRs) can lead to significant consequences for the interested partiesRead More 16Nov2017 Method of treatment inventions in Europe: new patentability hurdles and moving goalpostsPractical Insights webinarRead More 13Nov2017 IP Litigation and Advocacy PrizeCarpmaels & Ransford senior associate recognised for examination achievementRead More 10Nov2017 Chambers & Partners rankings 2018Carpmaels & Ransford recognised as a leading firm for the 11th consecutive yearRead More 08Nov2017 SPCs for medical devices?A new reference to the CJEU may make it easier to get SPCs for certain medical devicesRead More 03Nov2017 All shook upBrewDog in the doghouse over an Elvis mark O/291/17ELVIS JUICE (Opposition), UK IPO, 23rd June 2017 Read More 17Oct2017 Legal 500 rankings 2017Carpmaels & Ransford recognised for excellence in the Legal 500 2017 directoryRead More 17Oct2017 Prize winnersCarpmaels & Ransford technical assistants come top in examinationsRead More 06Oct2017 The status of European StatesBy extending protection by up to five and a half years, SPCs are one of the most valuable forms of intellectual property. The following document demonstrates availability in most European countries.Read More 01Oct2017 SPC Summer Review 2017Recent developments in Supplementary Protection Certificate law and practiceRead More 21Sep2017 FRAND – using the UK for settling disputesPractical Insights webinarRead More 15Sep2017 Row, row, row your boatCarpmaels & Ransford row London’s Great River Race for charityRead More 14Sep2017 Post-Brexit protection of IP rightsA recent paper from the European Commission sets out principles for the continued protection of intellectual property rights following Brexit.Read More 08Sep2017 Changes to the EU Trade Mark Regulation applying from 1st October 2017The amended EU Trade Mark Regulation came into force on 23rd March 2016. A number of provisions, which had to be developed by secondary legislation, will apply from 1st October 2017Read More 17Aug2017 IP Stars Handbook 2017Seven of our Partners have been recognised by Managing IPRead More 03Aug2017 UK Supreme Court decision alters UK approach to infringement by equivalentsThis decision on Eli Lilly’s Alimta patent reverses lower Courts’ rulings and finds claims limited to “disodium” to be directly infringed by other salts and free acidRead More 25Jul2017 Home-grown talentCarpmaels & Ransford promotes two new partnersRead More 03Jul2017 The potential effect of Brexit on your trade mark portfolioWhat should you consider?Read More 28Jun2017 Unwired Planet v Huawei – one FRAND to rule them allThe High Court’s finding that there is a single, potentially worldwide FRAND royalty rate applicable to any given set of SEPs and circumstances will have significant implications for UK SEP litigationRead More 21Jun2017 Germany’s ratification of the UPC Agreement put on holdThe Unitary Patent and the Unified Patent Court could be delayed following a request from the German Federal Constitutional CourtRead More 16Jun2017 Highly RecommendedThe firm and its partners are recognised in the IAM Patent 1000Read More 14Jun2017 Who’s Who LegalFour partners from Carpmaels & Ransford have been featured in the most recent publicationRead More 15May2017 Keeping up in the patent race for connected carsThe interplay across technology sectors and competition between car manufacturers in the development of connected cars means that the established car manufacturers should ensure that they are not left behind in building and exploiting their patent portfoliosRead More 26Apr2017 The UK will still apply EU law post-BrexitThe UK Government plans to provide continuity after Brexit by incorporating all EU law into UK law, thus minimising any changes when Brexit is complete.Read More 12Apr2017 Unwired Planet v Huawei – essentially fair?In his judgment, Mr Justice Birss has demonstrated that the UK court is willing to lay down some ground rules which can be used by parties involved in licensing SEPsRead More 05Apr2017 The UK moves forward with BrexitThe UK has now formally notified the European Council that it plans to leave the European Union, in accordance with Article 50 of the Lisbon TreatyRead More 29Mar2017 Carpmaels in the CommunityGiving our local environment a helping handRead More 21Mar2017 SPC workshopThe day formed part of a legal study into the workings of the SPC system and included a wide-ranging discussion of possible changes to the SPC systemRead More 20Mar2017 Tea rooms & passing offThe Willow Tea Rooms - a very British trade mark caseRead More 20Mar2017 UK patent prosecution firm of the yearCarpmaels & Ransford is again recognised for excellence by MIPRead More 10Mar2017 Italy ratifies the UPC agreementItaly has become the 12th member state to ratify the UPC agreementRead More 14Feb2017 Partial priority – G 1/15A new decision from the EPO’s Enlarged Board of Appeal marks a radical change in the EPO’s approach to assessing priority entitlement.Read More 03Feb2017 Employee inventor compensation – guidance from the UK Court of AppealThe UK Court of Appeal has upheld the decision of the High Court and the UK Intellectual Property Office that an employee of Unilever, Professor Shanks, was not entitled to inventor’s compensationRead More 01Feb2017 Carpmaels & Ransford ranked by World Trademark ReviewTrade Marks and Dispute Resolution teams awarded a Silver ranking in WTR 2017Read More 19Jan2017 UPC expected to open in 2017The UPC Preparatory Committee has announced today that the UPC is expected to open its doors in December 2017Read More 16Jan2017 Two new SPC references to the CJEUTwo new references to Europe's highest court consider what constitutes the 'first' marketing authorisation for a supplementary protection certificate and what it means for a product to be 'protected by a basic patent in force'Read More 13Jan2017 It is not what you say – it is what you do that countsMaintaining confidentiality of information under the EU Trade Secrets DirectiveRead More 22Dec2016 Community SpiritWe are passionate about supporting and developing our local communityRead More 12Dec2016 UK participation in UPC confirmedThe UK intends to participate in the Unitary Patent (UP) and Unified Patent Court (UPC)Read More 28Nov2016 IP Inclusive receptionA successful first year for the IP Inclusive CharterRead More 22Nov2016 New guidelines for assignment recordal at the EPOWelcome clarification or just more red tape?Read More 17Nov2016 IP awareness workshops at LSBUProviding students with a better understanding of IPRead More 04Nov2016 Carpmaels ranked by Chambers as a leading firm for the 10th consecutive yearIntellectual Property: Patent & Trade Mark Attorneys - UK wideRead More 03Nov2016 Intellectual property for start-upsWhat are the key considerations for getting IP right from the outset?Read More 25Oct2016 Post-Brexit options for the UP and UPCLegal opinion shows UK could remain in the Unitary Patent and Unified Patent Court post-BrexitRead More 03Oct2016 Legal 500 2016Carpmaels & Ransford has been recognised for excellence by the latest Legal 500 directory.Read More 22Sep2016 IPO Annual MeetingCorporate patent portfolio strategies in Europe in light of BrexitRead More 19Sep2016 Accelerating patent prosecution in the UK via the Green ChannelEarly grant of a patent can be desirable not only for enforcement purposes but also for businesses for whom it is crucial to attract investors and secure funding.Read More 22Aug2016 Update: Brexit and intellectual property rights in EuropeFollowing the UK's vote to leave the EU a few months ago, the UK is slowly beginning the long process of a negotiated exit.Read More 19Aug2016 IP Stars Handbook 2016We are delighted that five Carpmaels partners have been recognised by Managing IP.Read More 19Aug2016 Forthcoming Changes to the UK Patents RulesFollowing consultation earlier this year, the UK Intellectual Property Office (UKIPO) has accepted eleven proposed amendments to the Patents Rules 2007.Read More 15Aug2016 De minimis – how low do you need to go?Napp Pharmaceuticals Holdings Limited vs Dr Reddy’s Laboratories and Sandoz LimitedRead More 11Aug2016 The Unitary Patent & Unified Patent CourtGuide to Key Features & PerspectivesRead More 11Aug2016 English courts will not exercise jurisdiction over foreign designations of European patents where validity is also challengedThe High Court has recently dismissed a request to hear an infringement action in respect of the German designation of a European patent.Read More 22Jul2016 “A bee is an exquisite chemist”A bee hive has been installed on the roof of Carpmaels & Ransford’s central London office.Read More 16Jul2016 The Patent Prosecution Highway: FAQsThe Patent Prosecution Highway (PPH) programme has now been running for over 10 years. Although most patent applicants have, in that time, become familiar with the concept of the PPH, many potential users have unanswered questions about its mechanics and are yet to route any of their patent applications along it.Read More 15Jul2016 Brexit and intellectual property rights in EuropeIn a referendum held on 23rd June 2016, the UK voted to leave the European UnionRead More 04Jul2016 EPO streamlines opposition processFrom 1st July 2016, the EPO will initiate a new streamlined opposition process. The intention is to bring opposition proceedings to a speedy conclusion and thereby establish legal certainty for all parties to the opposition proceedings and the public.Read More 02Jun2016 High Priority!Maintain the chain. Failure to maintain a precise and timely chain of title between priority and subsequent applications can cause loss of priority entitlement in Europe.Read More 01Jun2016 The Patent Box is Changing ShapeThe current UK Patent Box system is closing to new entrants from 30th June 2016.Read More 05May2016 Patents Court rules in third technical Unwired Planet trialThe UK Patents Court recently handed down its judgment in the third technical trial in the ongoing disputeRead More 15Apr2016 Carpmaels boosts litigation practice with new hiresLeading patent litigator joins the firm to complete the jigsaw of offeringsRead More 09Mar2016 European Trade Mark Reform. Changes to the Community Trade Mark…On 23 March 2016, an amended European Trade Mark Regulation will come into force. What are the key changes?Read More 09Mar2016 The UK Supreme Court dismisses Trunki’s Registered Community Design appealTrunki is the ride-on child’s suitcase that has been critically acclaimed and a commercial success. Unfortunately for Trunki, this success did not extend to the Supreme Court.Read More 09Mar2016 Court battle over Unwired Planet patents continuesThe UK Patents Court recently handed down judgment in the ongoing dispute between Unwired Planet and various mobile phone and infrastructure manufacturers.Read More 24Feb2016 Carpmaels & Ransford ranked by World Trademark ReviewTrade Marks team awarded a Silver ranking in WTR 2016Read More 18Jan2016 Carpmaels in the local communityOur staff have volunteered to support a weekly Maths Booster ClubRead More 03Dec2015 Unwired Planet v Samsung & HuaweiUK Court finds SEP valid and necessarily infringed through compliance with LTE standardRead More 04Nov2015 Carpmaels ranked by Chambers as a leading firm for the 9th consecutive yearIntellectual Property: Patent & Trade Mark Attorneys - UK wideRead More 30Oct2015 Paul Bettridge gets interactive with LSBUBudding entrepreneurs acquired some valuable insights into design rights this weekRead More 28Oct2015 Seattle Genetics (C-471/14): CJEU confirms that SPC terms are to be calculated from the date of notificationCJEU confirms that SPC terms are to be calculated from the date of notification of the marketing authorisation. It’s good news from the CJEU for those SPC owners who have been hoping for additional SPC term in Europe.Read More 06Oct2015 Seattle Genetics: Advocate General’s opinion points towards longer SPC termsGood news could be on the horizon for SPC owners hoping for additional SPC term in Europe, following the Advocate General’s (AG) opinion in the Seattle Genetics SPC referral currently being considered by the CJEU (C-471/14).Read More 10Sep2015 All change for priority at the EPO?The EPO’s highest instance, the Enlarged Board, has been asked to provide an updated test for assessing priority.Read More 13Aug2015 A Fresh StartThe Patents Court in the UK recently handed down an interim judgment in Unwired Planet v Huawei & Samsung et al., which considered a number of issues concerning the transfer of a FRAND obligation.Read More 31Jul2015 Claimed numerical ranges scrutinised by the English courtsEnglish Court of Appeal rules in favour of ConvaTec in the latest chapter of the dispute over silverised wound dressings, holding that Smith & Nephew’s process falls within the claimed numerical range, despite an attempted work around to avoid explicit numerical limits.Read More 23Jul2015 European Union Community trade marks (CTMs)If you are interested in selling your products or offering services in a number of countries that are members of the European Union, you may find that the CTM system offers you the best route for securing protection of your trade mark.Read More 30Jun2015 The EPO – time for talk?The requirements of examining increasing numbers of patent applications whilst maintaining efficiency and quality have always been testing for the EPO.Read More 07May2015 CJEU rejects Spanish unitary patent challengeAfter a longer than expected gap, the CJEU issued a press release announcing its judgments on Spain’s most recent challenges to the legality of the unitary patent and Unified Patent Court system.Read More 05May2015 SPCs for biologicsGuidance on product definitions, scope and validity from the EFTA Court in Pharmaq v Intervet (E-16-14).Read More 23Apr2015 An introduction to clarity in EPO oppositionsIn March 2015, the EPO’s Enlarged Board of Appeal decided on the extent to which amendments made during opposition proceedings can be examined for clarity, following a referral from a lower Board.Read More 16Apr2015 Tomatoes and Broccoli at the Enlarged Board again – patent protection is available for plants and fruit.In its second bite at the Tomatoes and Broccoli cases, the Enlarged Board has confirmed that plants and plant materials produced by biological processes are not excluded from patentability.Read More 07Apr2015 Software and business method patents in Europe and the UKPatents for software and business methods have been a contentious topic of discussion amongst patent practitioners in Europe for a long time. Our briefing note on the subject has been updated to take account of recent developments, and aims to explain the current situation and resolve common misconceptions.Read More 01Apr2015 Actavis v Boehringer (C-577-13): What is the “sole” subject matter of an invention?On 12th March 2015, the CJEU handed down its judgment in the Actavis v Boehringer referral. This judgment deals with questions referred by the High Court of England and Wales that relate specifically to SPCs for combinations of active ingredients.Read More 12Mar2015 English courts tackle Swiss claims and off-label useThe English courts have recently considered a question pivotal to the perceived value of Swiss-type claims: to what extent can such claims be used to restrict off-label use where other uses of a drug are no longer protected by a patent?Read More 05Feb2015 Partial priority referred to the EPO’s Enlarged Board – an antidote to “toxic divisionals”?The EPO’s Enlarged Board of Appeal is to consider how to assess partial priority, in a decision that could signal the end of the controversial "toxic divisional" novelty attack.Read More 06Jan2015 UPC – Licensing considerationsLicensors and licensees of European patents and patent applications should consider whether their agreements are suitable for the establishment of the UP and UPC.Read More 04Jan2015 Will the public suffer? Let’s stay!A recent decision from the UK Court of Appeal in Adaptive Spectrum and Signal Alignment Inc. v British Telecommunications Plc. has shown that the UK courts are prepared to impose injunctions on big telecoms operators, but that in doing so consideration may well be given to the effect an injunction will have on the public.Read More 18Dec2014 It all depends on the factsThe UK Court of Appeal recently issued a judgment in Lantana Ltd’s application which provides a useful summary of tests for excluded subject matter in the UK set out in previous cases. However, the judgment does little to clarify what continues to be a rather opaque and fact-specific area of the law.Read More 04Dec2014 A sting in the tail of the UK Intellectual Property Office’s new opinions serviceThe UK Intellectual Property Office (UKIPO)’s opinions service has been given more substance, and the Office has been given the power to revoke patents in certain situations. Since the request for an opinion by a third party is likely to grab the attention of the patentee, what opportunities does this new service provide?Read More 27Nov2014 EU proposes reining in the rights of holders of Standard Essential Patents.Advocate General issues his opinion in Huawei v ZTE in its referral to the Court of Justice.Read More 25Nov2014 The IPEC leaves its cap onThe caps that are in place for the Intellectual Property Enterprise Court (IPEC), formerly known as the Patents County Court (PCC), provide claimants and defendants alike with certainty with regard to damages/account of profits and orders in relation to costs. This case (Abbott and another v Design & Display Ltd and another [2014] EWHC 3234 (IPEC)) focussed on how the cap relating to awards of damages/account of profits should be applied in actions involving more than one defendant.Read More 20Nov2014 UK court decides milk bottle patent case without trialUK courts have the power to dispose of all or part of a case without a trial if there is no real prospect of success. In a decision upheld by the Court of Appeal, the defendant in the patent case of Nampak Plastics Europe Limited and Alpha UK Limited has successfully made use of these powers, receiving a favourable declaration of non-infringement from the High Court without the need for a trial.Read More 06Nov2014 Second medical use claims for devices – an uneven playing field?European patent law offers extra protection for pharmaceuticals that is not available for medical devices. Second medical use claims for pharmaceuticals are routinely accepted in Europe, whereas the same style of claim is generally not permissible for medical devices. Recent case law has seen a shift towards rewarding new uses for existing medical devices, but achieving such protection requires care during prosecution.Read More 30Oct2014 IP Act 2014 – Changes to UK designs law come into forceIn an earlier briefing note, we summarised the main changes to UK law introduced by the Intellectual Property Act 2014. A number of these changes come into effect today (1st October 2014), including measures intended to modernise, simplify and strengthen the law relating to designs – an area of protection often overlooked by IP owners. This short article reviews some of the more significant changes to designs law brought about by provisions in the Act.Read More 01Oct2014 Extended protection for medical devices – a hot topic in the UKManufactures of medical devices are requesting an increasing number of patent term extensions in a bid to recover the cost of getting regulatory approval. Recent decisions show that the UK IPO is taking a strict approach when examining patent term extensions for medical devices, but there are still situations where extra protection might be available.Read More 21Aug2014 Patentable parthenotes? Advocate General says yesIn the latest development to the patentability of human stem cells, the AG has recommended that stem cells derived from parthenogenically activated oocytes should not be excluded from patentability any longer. The AG drew the distinction between totipotent and pluripotent cells, noting that cells that do not have the capacity to develop into a human being should not be excluded from patentability.Read More 31Jul2014 UK High Court makes sense of CJEU’s decision on interpretation of Article 3(a)In a pro-patentee judgment, the UK High Court suggests that SPCs can be based on most types of claim provided that the product which is the subject of the SPC falls within the scope of the claim.Read More 29Jul2014 Intellectual property rights and 3D printing: a threat or an opportunity?The latest developments in 3D printing and the implications for IP protection.Read More 28Jul2014 Should High stay, for EPO? Actavis and Pharmacia clash in the High CourtMr Justice Arnold in the Patents Court of the High Court of England and Wales (the ‘Patents Court’) initially refused a request by the patentee, Pharmacia, for a stay of UK revocation proceedings brought by Actavis, pending the outcome of opposition proceedings at the EPO based on three undertakings.Read More 24Jul2014 Changes to searches on applications entering Europe via the PCTAs of 1st November 2014, the EPO is changing the way it searches PCT applications entering the European regional phase which are considered to relate to more than one invention. These changes will result in increased flexibility for the applicant and should help to reduce the likelihood of encountering unexpected costs.Read More 14Jul2014 A measure of outstanding employee inventor compensation – Shanks v UnileverIn a decision dated 23rd May 2014, Mr Justice Arnold in the UK High Court dismissed Professor Shanks’ appeal and upheld the UKIPO decision not to award Professor Shanks any employee inventor compensation.Read More 19Jun2014 Patchy report from a gynaecology conference is enough to stop morning after pill patentThe UK’s High Court has decided that Richter Gedeon’s patent for a single dose of the emergency contraceptive levonorgestrel is invalid in view of a report published a few months before the priority date revealing the preliminary results from an incomplete study of the drugRead More 12Jun2014 Clinical trials in the UK are given immunity to patent infringementNew legislation introduced by the UK government should shield clinical trials in the UK from the risk of patent infringement from 1st October 2014.Read More 05Jun2014 Board of Appeal finds Swiss-type claims have different scope to EPC 2000 second medical use claimsA decision (T1780/12) from the EPO technical boards of appeal indicates that Swiss-type claims of the form “Use of [product X] in the manufacture of a medicament for the treatment of [disease Y]” provide a different scope of protection than EPC 2000 second medical use claims of the form “[product X] for use in the treatment of [disease Y]”Read More 29May2014 EDS v Synergy and Gravitas [2014] EWHC 1306This recent decision of the Intellectual Property Enterprise Court (IPEC) demonstrates the importance of parties being clear in their pleadings about the technical field of the skilled person when seeking to invalidate a patent for obviousness in the UK. It also highlights problems that can arise in selecting expert witnesses.Read More 22May2014 EU spells out its approach to standards and patentsOn 29th April 2014, the European Commission released two significant decisions concerning standard essential patents (“SEPs”) in respect of Motorola Mobility (“Motorola”) and Samsung.Read More 02May2014 Genentech’s Herceptin purification patent fails to pass the acid testThe UK’s High Court has decided that Genentech’s patent relating to a composition of Herceptin with reduced acidic variant content is invalidRead More 01May2014 Rovi v VirginThe procedural and legal complexities which can result from differing decisions handed down by the EPO and UK courts was illustrated recently in a judgment from the UK Patents Court.Read More 01May2014 Less is more, but still not enough, for Genentech’s dosing schedule patentThe High Court has decided, in a single judgment, that Genentech’s patents relating to a dosage regimen for Herceptin and a purified composition of non-acidic variants of Herceptin are invalid. This article focuses on the dosage regimen patent.Read More 24Apr2014 No sitting on the fence for IPECIPEC holds that groundless threats of patent infringement proceedings were made.Read More 03Apr2014 “I want you to stay”: UK Court of Appeal agrees to await outcome of EPO central limitationThe EPO central limitation procedure has shown its potential to disrupt infringement and validity hearings in the UK courts, after the Court of Appeal agreed to adjourn an appeal in the ongoing dispute between Apple and Samsung.Read More 27Mar2014 Cosmetic Warriors Ltd and Lush Ltd v Amazon.co.uk Ltd and Amazon EU SarlA High Court decision concerning Amazon’s use of the LUSH trade mark as a Google AdWord and as a suggested term on the Amazon website when, as a matter of fact, LUSH products are not available for sale through Amazon.Read More 14Mar2014 Jack Wills Ltd v House of Fraser (Stores) LtdThe High Court of England & Wales has found that House of Fraser’s use of a "Pigeon logo" infringed Jack Wills’ "Mr Wills logo" trade mark on the basis of a likelihood of confusion and also on the basis that the "Pigeon logo" took unfair advantage of the reputation in the "Mr Wills logo".Read More 11Mar2014 The Patent Prosecution HighwayThe Patent Prosecution Highway (PPH) offers a system through which patent prosecution can be accelerated in one participating jurisdiction provided the claims of interest have been found to be acceptable in another participating jurisdiction.Read More 05Mar2014 Financial pitfalls associated with an interim injunctionIn AstraZeneca v KRKA, d.d. Novo Mesto and Consilient Health Ltd. ("KRKA"), the Mr Justice Sales of the UK High Court has considered the merits of arguments put forward when trying to recover damages following a cross‑undertaking in respect of an interim injunction that was subsequently discharged.Read More 27Feb2014 ConvaTec fails to find a silver lining in its latest dispute with Smith & NephewThe High Court decided that Smith & Nephew’s DURAFIBER AgTM wound care product does not infringe ConvaTec’s patent relating to silverised wound dressings, and refused to grant springboard relief to ConvaTec based on infringing experiments carried out by Smith & Nephew to obtain regulatory approval for their product.Read More 20Feb2014 European Trade Mark Proceedings & LitigationFast, cost-effective dispute resolution by professionals working exclusively on IP matters.Read More 12Feb2014 Preliminary injunctions readily available for process patents in the UK.The UK High Court has again shown its willingness to grant preliminary injunctions in its decision BASF SE v Sipcam (UK) Ltd. This decision highlights the importance of pre-trial conduct and the need for cooperation between parties if they are to avoid adverse decisions in actions for injunctive relief in the UK.Read More 23Jan2014 CJEU allows multiple SPCs per patent under a qualified test, but uncertainties remainOn 12th December 2013, the CJEU handed down its rulings in three cases, Georgetown II (C-484/12), Actavis (C-443/12) and Eli Lilly (C-493/12), which have had SPC practitioners on tenterhooks for some time.Read More 19Dec2013 Appeal to stay proceedings dismissed in favour of the patenteeA decision of the Patents Court of the High Court of England and Wales (the 'Patents Court') to refuse a stay of proceedings pending the outcome of proceedings at the European Patent Office (EPO) has been unsuccessfully appealed by HTC in IPCom v HTC.Read More 05Dec2013 Finance and IPOur recent guide, published in conjunction with the British Private Equity and Venture Capital Association (BVCA), notes that conducting intellectual property (IP) due diligence is essential when assessing whether and how to invest in a business.Read More 29Nov2013 Extending pharmaceutical patents in the UKThe contentious world of patent extensions for pharmaceutical products has come under the spotlight again in a recent UK decision: Actavis v Boehringer. The decision signals that the UK courts are keen to extend pharmaceutical patents, even where the product is a combination of two known active ingredients, but the final say will now go to Europe’s highest court (the CJEU).Read More 07Nov2013 Shopping for a technical effect (T 1670-07)We report on a recent Technical Board of Appeal decision at the EPO which gives us a glimpse at how arguments often used when attempting to establish an inventive step may be perceived by the Boards.Read More 25Oct2013 Is EU Community design the top dog in design protection?It can be hard to choose the most appropriate and cost-effective means of protecting designs within the European Union. This article looks at the issues that parties may wish to consider if they import, distribute or sell products within the European Union by reference to their innovative, visual appeal.Read More 17Oct2013 New “fast track” trade mark oppositions in the UKA new "fast track" trade mark opposition procedure was introduced in the UK on 1st October 2013 as an alternative to the standard opposition procedure in some cases.Read More 08Oct2013 Change in European law on customs & anti-counterfeiting measuresOwners of IP rights can record their rights with customs authorities in some or all EU countries to help protect against counterfeiters.Read More 04Oct2013 The risk of threatening a competitor with a UK patent infringement actionThreatening to sue for patent infringement in the UK courts can result in significant financial liability for the person making the threat if the patent is found to be invalid and the threat therefore unjustified, as illustrated recently by the UK Court of Appeal in Sudarshan v. Clariant.Read More 05Sep2013 Plausibility and the role of post-published evidence in UK litigationThe Court of Appeal has dismissed Mylan’s appeal against the High Court’s decision upholding the European patent (UK) protecting Teva’s largest branded drug, the multiple sclerosis treatment Copaxone®.Read More 29Aug2013 hES cell patents in Europe – what’s the point?The ECJ’s previous decision has been interpreted to mean that use of hES cells from established cell lines obtained by "destructive methods" is not patentable. In spite of this, you may be able to get claims granted by the European Patent Office (EPO) which on their face encompass hES cells. But is there any point in getting claims like this granted, or is there freedom to operate?Read More 22Aug2013 Broccoli and tomatoesEPO Enlarged Board of Appeal defines the extent to which plant crossing and selection processes are excluded from patentability as essentially biological processes under Article 53(b) EPC.Read More 20Aug2013 Supreme Court puts to bed the principle leading to damages for infringing an invalid patentIn a significant recent judgment the Supreme Court (the UK’s highest court) has revisited and overturned a legal principle developed by the UK courts over 100 years.Read More 25Jul2013 Preliminary injunctions available in the UK despite first instance invalidity findingThe UK Court of Appeal (CoA) has reversed an earlier decision of the High Court and granted Novartis a preliminary injunction (PI) against Hospira, preventing sales of generic zoledronic acid for treating osteoporosis.Read More 13Jun2013 Nespresso® patent roasted in the High CourtThe High Court judgment regarding Dualit’s supply of disposable ground coffee capsules compatible with Nectec’s patented machines examined whether display at a convention and field tests destroyed novelty, and assessed whether indirect infringement had taken place.Read More 13Jun2013 UK Court of Appeal considers the patentability of touchscreen-related inventionsA recent judgment of the UK Court of Appeal in HTC v Apple considered whether computer implemented methods utilised in touchscreen devices were excluded from patentability.Read More 30May2013 A Court of Justice reference breathes life into Sigma’s parallel importation appealThe Court of Appeal has recently handed down a decision indicating its intention to refer questions relating to the Specific Mechanism to the Court of Justice (Europe’s highest court; the CJEU) on an appeal from the Patents County Court.Read More 02May2013 When is making a patented product not an infringement? Werit is making a repairThe recent judgment in Schütz v Werit from the Supreme Court provides guidance on the question of when repairing a patented product by replacing a component part infringes a patent to the product as a whole. This guidance will be welcomed by those who repair patented products in the UK.Read More 18Apr2013 Samsung v Apple, againAs the war for world smartphone domination rages on, the latest battle between two of the major belligerents, Samsung and Apple took place in the UK.Read More 11Apr2013 Inventive step – what to develop?Where a patent's novel feature provides no new effect the UK courts may still consider arguments for inventive step, as illustrated by the recent decision of the UK High Court regarding the patent for the anti-malarial Malarone®.Read More 07Mar2013 But finishing was never part of the (paediatric investigation) plan…The UK's High Court recently decided upon Dr Reddy's application to revoke the 6 month paediatric extension of Warner-Lambert's SPC for atorvastatin (Lipitor), which is used for lowering blood cholesterol.Read More 17Jan2013 UK disclosure is a powerful tool in patent litigationThe disclosure process under English law creates powerful opportunities during patent litigation. Careful use of disclosure can reduce costs and speed up proceedings across Europe, as shown in recent litigation between Danisco and Novozymes.Read More 29Nov2012 Apple loses appeal on “cool” designThe much-publicised dispute between Samsung Electronics (UK) Limited and Apple Inc. continues.Read More 01Nov2012 Victorious Samsung “not as cool” as Apple, rules BirssThe business and technology pages of newspapers and websites across the globe have been awash with stories of the so-called "smartphone wars", which have thrust intellectual property issues to the forefront of the world's media.Read More 26Jul2012 Neurim – “the most important SPC judgment ever”On 19th July 2012 the CJEU, Europe's highest court, issued its ruling in case C-130/11 Neurim Pharmaceuticals.Read More 22Jul2012 HTC prevails against Apple in the UK Patents CourtIP news has been dominated by a series of on-going disputes between Apple and other major players in the smartphone market; the so-called “smartphone wars”.Read More 19Jul2012 Furrowed brows for L’Oréal at end of Allergan BOTOX® battleOn 10th May 2012 the First Chamber of the Court of Justice of the European Union (CJEU) gave its judgment on the appeal brought jointly by Helena Rubenstein and L’Oréal against the 16th December 2010 judgment of the General Court of the European Union, which dismissed appeals filed by the two parties.Read More 21Jun2012 Merck’s silence irrelevant as Sigma is left gaspingMerck Canada Inc. holds a UK patent and a UK SPC covering the active ingredient in the asthma treatment Singulair. It started an action for infringement of these rights by Sigma Pharmaceuticals PLC, which was importing Singulair from Poland into the UK.Read More 31May2012 Regeneron and Bayer caught in Genentech’s VEGF TrapIn the UK leg of the litigation relating to the potential blockbuster drug Eylea, marketed by Regeneron Pharmaceuticals, Inc. and Bayer Healthcare, the High Court has handed down a judgement ruling that Eylea infringes a patent held by Genentech, Inc.Read More 05Apr2012 An Important Day for Supplementary Protection CertificatesOn Friday 10th February, the UK High Court had a busy morning applying recent decisions of the Court of Justice of the European Union (CJEU) in Medeva (C-322/10) and related referrals, to real world situations involving Supplementary Protection Certificates (SPCs).Read More 23Feb2012 SPCs – Decisions rain down from the Court of Justice of the European Union (CJEU)Between late November and mid-December, there was a flurry of activity at the CJEU, with a number of decisions being handed down that are relevant to Supplementary Protection Certificates (SPCs) - a unique form of intellectual property right that provides an additional monopoly that comes into force after expiry of a patent.Read More 26Jan2012 Exclusion of “uses of human embryos for commercial or industrial purposes” from patentability in EEAThe Court of Justice of the European Union (CJEU) considered the scope of the exclusion from patentability of "uses of human embryos for commercial or industrial purposes" in its judgment C-34/10 handed down on 18th October 2011.Read More 08Dec2011 Medeva – Georgetown (C-322-10 and C-422-10)The EU's highest court explains how to get an SPC for a combination drug, and confirms that an SPC for a single active ingredient can be used to stop sales of a combination drug containing the same active ingredient.Read More 30Nov2011 The transfer of priority rightsThe question of who is a “successor in title” to the right to claim priority has recently been considered again by the UK Patents Court in KCI Licensing. Serious doubt remains over the validity of retroactive (nunc pro tunc) assignments to rectify defects.Read More 09Sep2010 Court of Justice decision in Monsanto v Cefetra (C-428-08)The scope of protection of DNA claims insofar as they protect material incorporating a DNA that is not able to perform the function for which it was patented has been decided in a recent ECJ Judgment.Read More 09Jul2010 The patentability of diagnostic and surgical methods in the EPODecisions G1/04 and G1/07 address the extent to which a diagnostic method and a method involving an invasive intervention on the body are excluded from patentability under the EPC.Read More 07Jul2010 EPO to get tough on multiple independent claimsFrom 1st April 2010, the European Search Report will be limited to a single independent claim in each category.Read More 01Jan2010 ServiceProtectDealDisputeSectorLife SciencesChemistryEngineeringTechCreativeTypeNews itemBriefing NoteEventArchive201820172016201520142013201220112010
