Duncan Bucknell
Strategic Intellectual Property
Strip the case names away and one pattern runs through this month’s posts: the decisive moment in an IP matter almost never happens in the courtroom. It happens years earlier —...
A decade-long battle over an anti-scaling method for the Bayer process has just delivered a sharp reminder that patent claims are commercial instruments, not afterthoughts. In Nalco Company v Cytec Industries...
How quickly a patent can lose its strategic value when the underlying disclosure isn’t built to withstand real‑world scrutiny. In the Federal Court’s decision in Orikan v VMS (No 2), Orikan’s...
The recent McKinsey article “Using AI to boost productivity is unlikely to create a sustainable advantage” (read it here) offers a timely reminder for business owners with valuable IP portfolios: AI-driven...
The Davies v Lazer Safe decision is a timely reminder that in IP disputes, leverage often sits in the procedural details. The Court clarified that an old filing restriction—tied to documents...
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...
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...
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...
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;...
There can be a lot of uncertainty in deciding whether to commence patent infringement proceedings. They are expensive, and you want to get this decision right. A key factor is often...
You must be logged in to post a comment.