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Insights relating to patents
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 from long‑finished litigation—had nothing to do with Mr Davies’ attempt to bring a new…
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 conflict between the EPO guidance and the Board of Appeal. The Unified Patent Court…
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 patent application cannot be excluded from the state of the art solely because its…
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 AI training copyright lawsuit – but still plenty of room for copyright owners to…
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; USPTO (Acting) Director comes up with a new way to deny Inter Partes Review…
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 a lack of detailed understanding of the alleged infringing product or process. The patent…
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 mark. PV Tech, Solar Quarter, Technology News, South Korean Supreme Court held that SK…
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, not lawyers.) Strategic Litigation Management is Crucial. Companies should develop a clear and well-supported…
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 and legal professionals. Copyright and AI: The US Copyright Office has released reports examining…
Another Repatha instalment, this time the UPC (Unified Patents Court) in Europe issued it’s first decision on infringement of second medical use claims. Regeneron’s EP 3536712 patent (licensed to Sanofi) found valid but not infringed by Repatha under a two stage test set out by…
“‘The technology is moving so fast and we’re so small, we don’t need a patent, we just need to move fast.” Wrong. Every small tech company is going to want to deal with a larger company sooner or later. You need to be fully prepared…
In fairly big news for patent litigants in the US, the Federal Circuit recently clarified that you can rely on prior art in the patent litigation, even if you have relied on previously in an Inter Partes Review (IPR). The proviso is that you can…
US Copyright Office released a controversial report on AI impact on copyright and then one day later Trump fired the Director, Shira Perlmutter. A key finding of the report was that AI companies using copyrighted materials to train their models may not be protected by…
The global dispute between Amgen and Sanofi over patent claims to Amgen’s drug Repatha® (evoloumab) saw another chapter close on 24 April. In this installment, the Australian Federal Court dismissed Sanofi’s appeal and upheld the claims. Given the nature of the dispute, it seems almost…
Trending in intellectual property at the moment: Apple ordered to pay US $502m plus compound interest to non practicing entity Optis in FRAND patent infringement appeal to UK Court of Appeal. : Judgment; Apple World Today; Reuters; Engadget; IPWatchDog; U.S. Trade Representative Releases 2025 Special…
Here’s a quick update on recent and important IP issues. You still need to clear the way in UK pharma patent cases. Loss of first mover advantage still holds great weight. Astrazeneca wins interim injunction against Glenmark in Dapagliflozin case. Read more at: Bristows; Hogan…
In the early stages of patent infringement proceedings, each of the respondents (defendants) argued that Scidera had not put its case sufficiently clearly to the court in its pleadings (Statement of Claim and Amended Statement of Claim) and that it should be struck out and…
List key markets in size order. Add countries where competitors will manufacture. Add other particularly important countries for logistics – eg. is there a country that everyone will have to transit through? Review and reorder the list based on overall strategic importance with the above…
How do you protect your IP Processes? More importantly, have you ever done a freedom to operate clearance on them? To kick off this short series of posts, here are a few insights on some of the top ‘patent process’ patent filers, what they are…
Thanks to Taylor Wessing’s brand new Patent Map, anyone can now quickly compare European jurisdictions on key litigation factors. Those who have litigated in Europe will know that this comparison is at the heart of every strategic litigation campaign, whether seeking to launch a new…
It doesn’t really matter how strategic you think you are, if you can’t access a pragmatic and clear construction of patent claims, you’re in trouble. While patent terms always come back to the context of the specification itself (and the file history in some countries),…
Do you have an invention ready in hand but are not able to file a patent? How will you protect it from being disclosed if you intend to eventually file a patent? Often disclosure is essential with partners, collaborators, investors, while developing advanced technologies with…
You cannot expect anyone to sell against their own vested interests with enthusiasm. Any person who makes a living solving problems has a vested interest in the continued existence of those problems. Doctors and disease, police and criminals, lawyers and lawsuits, among others, intertwine in…
I have often compared patents to castles when discussing high stakes invalidation exercises. Some are inherently stronger than others, but given enough resources, none of them are invulnerable. Castles, like patents, are often viewed as defensive structures. So it was interesting to hear a narrator…
Ok, I get it that lobbying can be an important part of an overall strategy and so hats off to those who have created some fog around a seemingly broken patent system. However, things have gone just a little too far now – and unfortunately…
Eddy Ventose’s ‘Medical Patent Law – The Challenges of Medical Treatment’ explores the medical treatment exclusion to patentability; when and why it came into being; how it has developed in the US, EU and other key regions; and its impact on the new frontiers of…
So what is the best strategy for patenting in China? I recently gave my “10 Ways to Improve and IP Strategy” talk at IQPC in Florida, and a general consensus among IP managers at the conference was to start filing patents in China now, as…
I’ve just finished reading the book ‘Don’t file a patent’ by John Smith and want to share with you some thoughts. Although, in my opinion, the author is presenting a sketchy image of the entrepreneurial business (to a large extent overly simplified and generalized), the…
If you encountered an alien from another world and wanted him to understand the concept of what a word is, chances are you would put words (and their object or idea representation) into context with the letters from which we write them and the sentences…
Guest post by Marc Kaufman Determination of the quantitative value of patents has been elusive. Complex statistical analysis and accounting methods have been applied to patents in an effort to ascribe a value to individual patents and patent portfolios. While these endeavors are useful, it…
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