The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. But no such luck for Abbott, " regret[tably] ".

Litigation 98

Litigation Patent Marketing Marketing 98

The IPKat

JULY 30, 2021

When this Kat started his tenure as a GuestKat two years ago, his first post was on the first anti-anti-suit injunction issued in Europe, by the Munich Regional Court. Ten years ago, a proportionality test was a radical idea embraced only by a handful of academics [see here for one of the earliest EU-focused publications on the topic].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Herbert Smith Freehills

MAY 6, 2022

The session will cover a range of topics include navigating Belt and Road disputes; the introduction of adjudication in Hong Kong; and the potential cost of meeting zero-carbon commitments in Asia. So there is sufficient supervision in place to prevent local protectionism or decisions to refuse enforcement by the local courts.

Settlement 52

Settlement Publishing Reporting Marketing 52

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ).

Editing 70

Editing Registration Branding Brands 70

Technology & Marketing Law Blog

JANUARY 19, 2023

” This court is right that Henderson wasn’t a persuasive opinion, but this adds to the evidence of a circuit split… Implications This case relates to a tragedy, a teen suicide after online harassment. .” This is the direction the UK is headed, but it won’t work here in the US. I share the heartbreak.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

The IPKat

SEPTEMBER 21, 2021

The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ). Inventive step or sufficiency? Is it true?".

Publishing 82

Publishing Invention Art Law 82

The IPKat

OCTOBER 3, 2022

The Patents Court, the Court of Appeal and the Supreme Court (before that, the House of Lords) have all and for many years stressed the need for consistency with decisions of the Boards of Appeal of the EPO. More information, programme, and registration are available here. Further information is available here.

Registration 62

Registration Intellectual Property IP Copyright 62

The IPKat

SEPTEMBER 5, 2023

Then it moved on to the inevitable topic of appeal. vi) Fourth, whether it is appropriate for the Court to seek to eliminate or discourage hold-out e.g. by finding that a willing licensee must pay royalties on all unlicensed sales [446 iv)] & [540]-[545]. InterDigital advanced four grounds of appeal.

Technology 67

Technology Publishing Reporting Marketing 67

The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis.

Invention 110

Invention Inventor Patent Law 110

Kluwer Copyright Blog

FEBRUARY 28, 2023

In this context, Austria’s Supreme Court requested a preliminary ruling from the Court of Justice of the European Union (CJEU). The third question seeks clarification on the jurisdiction of national courts regarding injunctions for copyright infringement. The applicant believes that the acts of GO4YU d.o.o

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

Copyright Lately

JANUARY 23, 2023

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) In the Ninth Circuit—the jurisdiction in which the class action lawsuit against Stability AI and the other defendants has been filed—the court in Litchfield v.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

The IPKat

OCTOBER 25, 2021

The Board of Appeal also placed the UK Supreme Court decision in Warner Lambert ( IPKat ) in this category ( as discussed by IPKat at the time ). In other words, according to this case law, post-published evidence should be taken into account if the purported technical effect is not implausible (r.

Invention 86

Invention Publishing Patent Application Art 86

The IPKat

MAY 22, 2022

The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University is proud and delighted to announce its new, in-person event to be held in English at Stockholm University on Thursday, June 2, 2022, on the topic: 'The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze'.

Intellectual Property 83

Intellectual Property Intellectual Property Law IP Registration 83

The IPKat

MAY 31, 2022

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. But for how long will UK-based rights continue to play a role in deciding EU trade mark disputes? The Kluwer Copyright Blog reports on a recent Italian Supreme Court decision addressing this question.

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Hetero Drugs Ltd [Delhi High Court]. In reading the term ‘export’ to include ‘use’, the Court expands the ambit of rights accorded to a patentee under section 48.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

The IPKat

DECEMBER 29, 2023

Trial F concerned the issues of whether Apple was permanently disentitled from relying on Optis’ ETSI undertaking and thus may be subject to an unqualified injunction and some of Apple's defences to this; the appeal from it will be heard by the UK Supreme Court. They are undesirable ([370]).

Patent 78

Patent Litigation Marketing Marketing 78

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Here are the most popular posts over the past few months. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. Rules appear to be certain, while standards appear to be flexible. Take the 30 mph speed limit.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

The IPKat

JANUARY 17, 2023

The authors are not fans of this approach and anticipate this being one of the first major sources of divergence between UK and EU law. In terms of structure, the book remains in a conventional and easy to follow format. After a short introduction, it undertakes a close examination of the various IP rights from patents to plant varieties.

Intellectual Property 76

Intellectual Property Editing IP Publishing 76

LexBlog IP

APRIL 3, 2023

The Court here ruled that Ericsson had made a prima facie case it will prevail, and further ordered that Intex must pay 100% of the royalty while the case was pending (not just 50%). For example, the Court ruled that an injunction may be entered against an standard-compliant product if even a single SEP is found to infringe.

Licensing 52

Licensing Technology Intellectual Property Patent 52

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JULY 21, 2021

1998)], the court determined that the trademark Jews for Jesus was descriptive, and therefore required secondary meaning before trademark protection could be granted.The word “GOD” has been trademarked by a company Morell International, Inc. ” In Jews for Jesus [ v. Brodsky , 993 F.Supp. 282 (D.N.J. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52