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Be careful what you wish for - Court of Appeal refuses to let party rely on argument it had dropped multiple years ago
Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 The Court of Appeal has denied Lufthansa permission to rely on certain arguments at an upcoming damages inquiry as part of its long running litigation with Pa...
G 2/21 applied by the referring EPO Technical Board; useful guidance on the test for reliance on post-published evidence in the post plausibility era
The referring Board to G 2/21 has now published its full written decision in T 0116/18, following the issuance of the minutes in September. The Decision attempts to clarify the requirements of G 2/21, particularly in relation to the rather murky criter...
Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR
Clearview AI victorious on a fact specific exemption but what does this judgment mean for the extra territorial effect of the UK GDPR, in particular Article 3(2)(b)? (Clearview AI Inc v The Information Commissioner [2023] UKFTT 00819 (GRC)) Summary...
Court refuses to close the stable door after the horse has bolted in patent dispute
Saint-Gobain Adfors S.A.S v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) The High Court has rejected an application made by 3M to restrict Saint-Gobain’s use of information disclosed by 3M to Saint-Gobain in a patent dispute 19 month...
It’s been emotional: the High Court says goodbye to excluding AI inventions as computer programs
On 21 November 2023 the High Court of England and Wales published its judgment in Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch) in which it found a patent application relating to an artificial neural network (ANN) to be...
What a relief! Court of Appeal permits a party to rely on evidence served two years late
Lufthansa Technik AG v Panasonic Avionics Corporation [2023] EWCA Civ 1273 The Court of Appeal has granted Panasonic an extension of time to a deadline so that they can rely upon a witness statement served two years after the deadline. This is on the...
Astellas’ Validity Success Not Enough to Catch Competitors’ Products on Overactive Bladder Treatment
The High Court has handed down its judgment in Astellas v Teva and Sandoz regarding Astellas’ patent covering treatment for overactive bladder. The High Court found Astellas’ patent valid but not infringed by Sandoz’s generic product....
Dr Marian Rogers Croak, Black History Month 2023
In this our fifth and final article for Black History Month 2023, we profile Dr Marian Rogers Croak. Dr Marian Rogers Croak is one of a few contemporary black inventors whose work has been acknowledged in her lifetime, and she continues to innovate a...
EPO-EUIPO report: Patents and trademarks improve likelihood of start-ups securing funding
On 17th October 2023 the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) published a report on a joint study into the impact patents and trademarks can have on the financial success of European start-ups. The re...
The Online Safety Bill*
*The Online Safety Act became law on 27 October 2023. Please see our article about the new law below. Following a long gestation, the Online Safety Bill (OSB) has been published with the intention that it come into effect later this month. It is a b...
Dr Valerie Thomas, Black History Month 2023
Our fourth article in our series of articles celebrating Black History Month shines a spotlight on the pioneering scientist and inventor, Dr Valerie Thomas. Dr Valerie Thomas is most widely known for being the inventor of the illusion transmitter and...
Hydrogen – an explosive gas or the future of green energy?
The European Patent Office (EPO) and International Energy Agency (IEA) have co-authored a report on patenting technology related to hydrogen. Here, Tim Belcher, partner in EIP’s Elements team, digests aspects of the report relating to storage and...
Dame Elizabeth Anionwu, Black History Month 2023
To celebrate Black History month and in keeping with the theme of ‘Saluting Our Sisters’, I have chosen to write about a woman who has made enormous contributions in the field of healthcare. Her efforts have been internationally recognised,...
European Patent Office liberalises rules on priority
The Enlarged Board of Appeal of the European Patent Office has issued its decision in the combined cases G1/22 and G2/22. With this decision, the likelihood that a priority claim is valid even where there is a different applicant for the EPO applicatio...
Lonnie Johnson, Black History Month 2023
This is the second article in our series as we celebrate Black History Month. One individual who has left a mark on the world is Lonnie Johnson, the mind behind the iconic Super Soaker. In this article, we will look at his journey to creating the Super...
Expert’s Attempt to Swot-up in Patent Dispute is Insufficient to Comply with Court Requirements in Sycurio v PCI-PAL
PCI-Pal succeeded in the High Court of England & Wales in its patent dispute with Sycurio. Sycurio’s patent was found invalid for obviousness. But even if Sycurio’s patent had been found valid, there would have been no finding of infrin...
Farewell to the 10 day rule
From 1 November 2023, time limits that run from the notification of a communication by the EPO no longer will run from the date of the communication plus 10 days, but from the date that the communication bears. Such time limits for response are indicat...
Remember to seriously consider Part 36 Offers!
Background This is a judgment on costs for a probate case, where the case law for analysing whether a communication should be considered ‘without prejudice’ was discussed. This was then followed up with the application of CPR Part 36. T...
Alice H. Parker, Black History Month 2023
As we move through October and temperatures begin to drop, many of us will be wrapping up, adding extra layers and switching on the heaters. Here’s a woman that inspired many of the modern heating mechanisms we have today…. Alice H. Parker...
Parties and their lawyers will have to reveal how the sausage is made.
Cook UK Limited v Boston Scientific Limited & Ors [2023] EWHC 2163 (Pat) A little over two years ago a new practice direction, called PD57AC, was issued regarding the preparation of witness statements for trial in the Business and Property Courts...
Trade Secrets vs. Patents in the UK Space Sector
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key issue for innovative UK space sector businesses. ...