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ÃÛÌÒÊÓÆµ UK
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May 16, 2025
Smith & Nephew Beats Wound Therapy Patent Challenge
British medical equipment manufacturer Smith & Nephew has convinced officials at a European appellate board to register its wound therapy patent, rebuffing bids from a 3M subsidiary and another company to block the patent application.
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May 16, 2025
Coupang Accuses DAZN Of 'Seller's Remorse' Over FIFA Deal
Coupang accused streaming platform DAZN of experiencing "seller's remorse" and reneging on a deal to provide the e-commerce business with a license to broadcast the 2025 FIFA Club World Cup in South Korea at the start of a High Court trial on Friday.
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May 16, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Linklaters and EY face negligence claims from a fintech investment firm, property developer Sir John Ritblat bring legal action against a Guernsey-registered company, and fresh equal pay litigation filed against Morrisons and Safeways. Here, Law360 looks at these and other new claims in the U.K.
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May 16, 2025
UKIPO Plans To Tackle Backlog Fall Short
Recent moves by the U.K. ÃÛÌÒÊÓÆµ Office to reduce its backlog might not be enough for the agency's tribunals to catch up on the Brexit-driven deluge, and run the risk of pushing sides to a dispute to other venues for trademark cases, experts say.
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May 16, 2025
Meta Blocks Cybersecurity Co.'s Identical 'Meta' TM
Meta Platforms Inc. has successfully blocked a London-based cybersecurity company's bid for "Meta" trademarks in the U.K., following confirmation that Meta's own trademarks are now fully registered.
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May 15, 2025
Software Biz Boss Defends 'Wise' Rebrand In TM Dispute
The chief executive of a software business said he didn't believe that rebranding his business to use the name "Wise" would lead customers to confuse it with digital payments company Wise, as he gave evidence to the trademark infringement trial Thursday.
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May 15, 2025
Apple Loses Bid For 'True-To-Life' Smartphone TM
European officials have rejected Apple's request for a trademark showing an image of an iPhone because it would be perceived as a true-to-life portrayal of a typical smartphone.
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May 15, 2025
Edwards Loses Heart Valve Patent In Latest Clash With Meril
A European appeals board has stripped Edwards Lifesciences Corp. of a prosthetic heart valve patent amid its dispute with Meril, ruling in a decision published Thursday that the blueprint is too broad.
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May 15, 2025
UK Decides Against Changing IP Rights Exhaustion Regime
The government said Thursday that it will not change the country's existing regime of exhaustion of intellectual property rights, bringing certainty to businesses after a long consultation on the topic after Brexit.
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May 14, 2025
AstraZeneca Seeks To Halt Looming Diabetes Drug Generics
AstraZeneca has asked an English court to block several generic-drug makers from imminently releasing variants of its billion-dollar diabetes treatment dapagliflozin ahead of a long-awaited judgment determining the validity of remaining patent protections for the drug.
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May 14, 2025
Accord Challenges Roche's Patent Over Herceptin Reformulation
An expert witness told the High Court on Wednesday that pharma giant Roche's patent over a breast cancer drug is valid and novel, supporting the company's opposition to a patent challenge by its rival Accord Healthcare Ltd.
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May 14, 2025
Fintech Biz Says Software Co. Rebrand Infringed Its 'Wise' TM
Fintech business Wise said a rival's use of the word "Wise" in its branding is causing the public to think the two companies are somehow affiliated, on the first day of the trademark infringement trial Wednesday.
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May 14, 2025
DAZN Denies Reneging On FIFA Club World Cup Rights Deal
Sports streaming platform DAZN has denied entering a contract to provide Coupang with a license to broadcast the 2025 FIFA Club World Cup in South Korea, hitting back at the e-commerce business' claim that it unlawfully reneged on the deal.
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May 14, 2025
HP Can't Block Recycled Cartridges Sales In Netherlands
A Dutch appeals court has affirmed a decision that allows an Amsterdam-based company to sell recycled HP Inc. printer cartridges — but only if it clearly discloses that some of those cartridges may be significantly older and sourced from recycling channels.
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May 14, 2025
Sanofi Can't Halt Amgen's Cholesterol Drug Sales At UPC
Sanofi and Regeneron have lost their attempt to prevent Amgen from selling cholesterol drug Repatha in Europe, failing to convince the Unified Patent Court that the medicine infringes their patent over a different treatment.
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May 13, 2025
Sky Beats Writer's Stolen 'Britannia' TV Script Cover-Up Claim
Sky UK Ltd. defeated a writer's claim that the broadcaster was part of a conspiracy to hide the theft of the man's television drama script as a Bristol court ruled Tuesday that the allegations "go nowhere."
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May 13, 2025
GE Offshoot Loses Nuclear Reactor Patent In Sweden
A Swedish appeals court on Tuesday revoked a GE-linked energy firm's patent over its nuclear reactor core technology, ruling that the blueprint does not set out the invention clearly enough.
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May 13, 2025
Hummel's Chevron Mark Can't Stand On Its Own, EUIPO Finds
U.S. fitness studio chain Barry's Bootcamp has succeeded in its challenge to Danish sportswear company Hummel's chevron trademark featured on Real Madrid's strip, as trademark officials were left unconvinced that the mark had acquired a distinctive character.
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May 13, 2025
Mexican Credit Firm Voids Rival's 'Kushki' TMs At UKIPO
A Mexican credit firm has persuaded U.K. intellectual property officials to nullify a payments company's "Kushki" trademarks, proving that the logos are too similar to its existing "Kueski" branding.
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May 13, 2025
Next Counters Soho Home's Furniture Copying Accusations
Next has told a London court that it has not copied furniture sold by the interior design arm of London private members club Soho House, insisting its products are clearly distinguishable and developed through a rigorous in-house design process.
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May 12, 2025
InterDigital Fights Disney's Injunction Bid In Patent Feud
InterDigital has urged a California federal court to reject Disney's request for an injunction, arguing that the company cannot block its Brazilian patent lawsuit because the patents at issue are unrelated to any of the International Telecommunication Union's reasonable and nondiscriminatory obligations.
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May 12, 2025
Wrigley Wins Appeal Challenging Rival's Stevia Gum Patent
Chewing gum maker Wrigley has convinced appellate patent officials to scrap a stevia-sweetened chewing gum patent owned by rival confectioner Perfetti Van Melle, with the European Patent Office ruling that the recipe lacks the innovation needed to warrant protection.
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May 12, 2025
Craig Wright Hit With Legal Action Ban Over Meritless Claims
Computer scientist Craig Wright has been barred from bringing legal action in the U.K. for three years, with a London court ruling on Monday that he used the courts to "terrorize perceived opponents" with meritless cases over claims he invented bitcoin.
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May 12, 2025
NYSE Operator Blocks Crypto Co. From Using 'Ice' Branding
U.S. financial services conglomerate Intercontinental Exchange has convinced a Dutch court to bar cryptocurrency company Ice Labs from using its "Ice Open Network" branding, arguing the public would likely assume the crypto firm was related to the international finance giant.
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May 12, 2025
EUIPO Weighs Expanding Mediation To AI Copyright Disputes
The European Union ÃÛÌÒÊÓÆµ Office could begin mediating disputes between copyright holders and developers of artificial intelligence, the agency's chief told the bloc's parliament Monday.
Expert Analysis
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French And UK Patent Litigation Will Likely Influence The UPC
The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.
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AI-Fueled Innovation Poses Patentability Challenges
Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.
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Benefits Of Unified Patent Court Compared To Local Litigation
Recently opened for business, the Unified Patent Court offers a faster, cheaper and more streamlined solution to handle patent disputes compared to EU countries and the U.S., and could become the most important forum for patent litigation in Europe, if not worldwide, say lawyers at McDermott.
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Global Issues In EU's Licensing Plans For Essential Patents
Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.
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EPO Decision Adds To Sparse Case Law On Core AI Patents
The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.
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A Deep Dive Into EU Unified Patent Court Policy
Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.
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AI And Copyright: Tracking The Ownership Issues
The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.
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How Ed Sheeran's Serenade May Have Swayed The Jury
While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.
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An Overlooked Tool To Fight USPTO 'Restriction'
Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.
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Opinion
AI-Generated Works Should Not Have Copyright Protection
The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.
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Examining The New UK Service Guidance For TM Proceedings
A new much-anticipated U.K. ÃÛÌÒÊÓÆµ Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.
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A Look At M&S' Registered Design Claim Win Against Aldi
Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.
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UK Teva Ruling Brings Patent Remedy Into Question
Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.
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How CJEU Case Shifts TM Liability For Platforms Like Amazon
The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, say Louisa Chambers and Helen Reddish at Travers Smith.
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Europe's New Unitary Patent System Will Affect IP Agreements
Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.