Hitherto, if cancellation or invalidation proceedings were brought against the United Kingdom designation of an International design or trademark where no representative had been appointed in the United Kingdom, the owner...more
3/16/2023
/ Design Patent ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Hague Agreement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Design Application (IDA) ,
International Trade Commission (ITC) ,
Trademark Cancellation ,
Trademark Invalidity ,
Trademark Litigation ,
Trademarks ,
UK ,
WIPO
On February 17, 2023 Germany has deposited its instrument of ratification of the Unified Patent Agreement making it definite that the agreement will come into effect on June 1, 2023 and that the sunrise period will commence...more
The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a...more
In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that...more
On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the...more
2/5/2021
/ Appeals ,
En Banc Review ,
EU ,
Patent Invalidity ,
Patent Litigation ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
United States ,
USPTO
On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of:
1. Whether the...more
1/18/2021
/ China ,
EU ,
FRAND ,
Germany ,
Huawei ,
Infringement ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Litigation Strategies ,
Patent Litigation ,
Patents ,
SCOTUS ,
Small Employer Plans (SEPs) ,
UK
The eagerly anticipated decision of the European Court of Justice in the case of Sky v. SkyKick [Case C 371/18] was delivered on January 29, 2020.
...more
The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended...more
9/23/2019
/ Audi ,
Auto Repair Regulations ,
Automotive Industry ,
Design Patent ,
EU ,
Ford Motor ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Motor Vehicles ,
Patent Infringement ,
Patents ,
Popular ,
Porsche ,
Regulatory Standards ,
Trademarks
In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more
3/19/2018
/ Actavis Inc. ,
Appeals ,
Doctrine of Equivalents ,
Eli Lilly ,
EU ,
Extraterritoriality Rules ,
Indirect Infringement ,
Intellectual Property Protection ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
UK ,
UK Supreme Court
For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more
2/13/2017
/ Appeals ,
Divisional Applications ,
EU ,
European Patent Convention ,
European Patent Office ,
Generic ,
Parent Patents ,
Patent Cooperation Treaty ,
Patents ,
Priority Patent Claims ,
Subject Matter Conflicts
The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and...more
Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more
12/13/2016
/ Copyright Infringement ,
Counterfeiting ,
Court of Justice of the European Union (CJEU) ,
EU ,
EU Directive ,
Injunctions ,
Intermediaries ,
Internet Service Providers (ISPs) ,
L'Oreal ,
Member State ,
Third-Party Relationships ,
Trademark Infringement ,
Trademarks ,
Vicarious Infringement ,
Websites
The EU’s Unitary Patent Convention and the associated EU patent had originally been expected to come into effect in 2017. This was, however dependent on ratification of the agreement by thirteen EU countries of which three...more
Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more
9/22/2016
/ Asset Seizure ,
Confidential Information ,
Corporate Counsel ,
Criminal Liability ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
EU ,
EU Directive ,
Ex Parte ,
Extraterritoriality Rules ,
Injunctive Relief ,
Jurisdiction ,
Limitation Periods ,
Misappropriation ,
Patents ,
Popular ,
Private Right of Action ,
Trade Secrets ,
TRIPS Agreement ,
Whistleblower Protection Policies ,
Whistleblowers ,
Young Lawyers
In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of the United Kingdom, and consequently Gibraltar, leaving the European Union (EU).
According to Article 50 of...more
7/5/2016
/ Article 50 Treaty of the EU ,
Community Designs ,
Copyright ,
Design Patent ,
EPO ,
EU ,
European Communities Act ,
European Patent Convention ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
Patents ,
Referendums ,
Trademark Act ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more
2/24/2016
/ Apple v Samsung ,
Brazil ,
Canada ,
China ,
Copyright ,
Cuozzo Speed Technologies v Lee ,
Design Patent ,
Eli Lilly ,
EU ,
European Court of Justice (ECJ) ,
FRAND ,
Halo v Pulse ,
Japan ,
Lanham Act ,
Lexmark ,
Madrid Protocol ,
Patent Litigation ,
Pharmaceutical Patents ,
Redskins ,
SCOTUS ,
Standard Essential Patents ,
Trade Secrets ,
Trademark Litigation ,
UK ,
Unitary Patent ,
World Intellectual Property Organisation