IP Update: Rubiks 3D marks gone, Pixel 7 infringes SEP, Trump patent value tax and UPC jurisdiction

European Patents – do applicants have to amend the description to match the allowed claims? Finally there is a referral to the Enlarged Board of Appeal (G1/25) to sort out this...

 Category: Brands and Trade Marks, Copyright and Designs, Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, Pursue Excellence

IP Update: IPR is tough for older patents, EU Colour marks, Tesla final appeal in UK on FRAND, EPO prior art clarified

EPO enlarged board of appeal rules that non-reproducible commercial products are prior art when assessing novelty and inventive step. A product put on the market before the filing date of a European...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, Product Strategy, Risk management

IP Update: Meta wins AI copyright case, European claim construction, US patent injunctions and face protection in Denmark

EPO Enlarged Board of Appeal clarifies claim construction – yes you do need to consult the specification to interpret the claims: IPKat; Cooley; Pinsent Masons Meta wins summary judgment win in...

 Category: Brands and Trade Marks, Copyright and Designs, Disputes and Litigation, Enforce and defend your IP, Inventions & Patents, IP Rights

‘Lean in’ to IP disputes, don’t trip on your own fancy footwork

Trink Tank tried to pre-empt a claim for trade mark infringement and ended up being out-maneuvered and it cost them a lot more money. Take some time to think through your...

 Category: Brands and Trade Marks, Coaching, Disputes and Litigation, Enforce and defend your IP, Strategic Advice

IP Update: shoe surgery, don’t wait to IPR and $218m verdict reversed with loss of patents

Nike settles trade mark dispute with “Shoe Surgeon” Dominic Ciambrone over his high end customised shoes. He’s apparently allowed limited customization with removal of any Nike IP. StupidDope; SGB Media; hypebeast;...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, Product Strategy, Risk management

The way you litigate can cost you later

A few handy reminders for business owners from a recent Australian Federal Court decision on costs. Trade Mark Protection is Crucial: Ensure your trade marks are robustly maintained and defended. In...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP

Clash of brands without trade marks

Be proactive in managing your brands, especially when entering and operating in new markets, even if online. Be quick to identify and avoid or address potential conflicts as the expense and...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP, Product Strategy, Risk management

IP update: vaccines, counterfeits, textbook piracy and tm translations

Here’s an update on what’s been happening in the world of IP lately: Silfab acquires EnPV’s solar panel patent portfolio including the Self-Aligned Back Contact (SABC) technology and an associated trade...

 Category: Brands and Trade Marks, Copyright and Designs, Disputes and Litigation, Enforce and defend your IP, Inventions & Patents

Strategic litigation, costs assessments, security for costs and trade mark use

Here’s a brief round up of practical things to remember from recent Australian Federal Court IP decisions. (There’s no real legal analysis here, sorry – this one is for business readers,...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP, Inventions & Patents, Strategic Advice

AI & IP – a brief update

Artificial intelligence (AI) is impacting many facets of intellectual property law and practice. We have to keep in mind both the challenges AI presents and the opportunities it creates for innovators...

 Category: Brands and Trade Marks, Copyright and Designs, Increase IP Value, Inventions & Patents, Pursue Excellence, Trade Secrets

Duncan Bucknell