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Transatlantic litigation: service of US proceedings in the UK under the Hague Convention
Posted: 13/02/2025
In today’s global economic landscape, more and more US corporations are conducting business in foreign jurisdictions, and entering into contractual relationships with individuals and entities based abroad. Much of that business is conducted in the UK. In 2023, the US was the UK’s largest import and export partner for services and was......>>
Cloudy skies ahead for Aldi – Thatchers reigns victorious over Aldi’s imitation cider
Posted: 11/02/2025
The Court of Appeal recently handed down a decision in which it partly overturned the Intellectual Property Enterprise Court’s (IPEC) judgment and found that Aldi's packaging took unfair advantage of Thatchers' well-known trade mark. Thatchers alleged that its registered trade mark (depicted below) was being infringed by Aldi’s own......>>
The Cladribine Decision
Posted: 11/02/2025
In this video, Dr Duncan Curley, a Partner in our Patents team, discusses the recent UK Court of Appeal decision on Merck Serono's cladribine product, Mavenclad.
Supreme Court’s decision in Sky v SkyKick is a warning to those filing overly broad trade mark specifications
Posted: 12/12/2024
The long-running saga of Sky v Skykick has continued this year, coming before the Supreme Court. On 13 November 2024, it rendered its judgment on the latest instalment of these proceedings and importantly, the highly anticipated issue of bad faith in trade mark filings. The issues to be addressed by the Supreme Court were twofold......>>
UK Patents Court - The Enzalutamide Decision
Posted: 17/10/2024
In this video, Dr Duncan Curley discusses the recent Enzalutamide decision made by the UK Patents Court on October 8th, 2024. This case concerned one of the leading prostate cancer treatments, Astellas’ Xtandi®.
Supreme Court rules that AI system cannot be named as inventor on UK patent
Posted: 10/01/2024
After four years of legal proceedings the UK Supreme Court has now finally settled the question of whether an AI system can be an inventor on a UK patent. In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the court decided that a patent application which names an AI system as the inventor cannot proceed......>>
Consultants and collaborations: beware patent ownership pitfalls
Posted: 11/08/2023
In the ruling of OUI v ONI, IP ownership in the context of an academic entity was at the core of the matter. The law that lay at the root of that dispute concerned ownership of inventions, as specified in the UK Patents Act 1977. This law can also impact on the relationship between companies and retained technical consultants......>>
McDonald’s able to prove use of its BIG MAC EUTM
Posted: 20/03/2023
McDonald’s has successfully overturned the European Union Intellectual Property Office’s (EUIPO) decision that it failed to prove use of its EUTM ‘BIG MAC’ for the goods and services for which it is registered (a range of goods and services in classes 29, 30 and 42), by successfully applying to the Board of Appeal for permission......>>
EasyGroup succeeds in unfair advantage claim in trade mark dispute (Easygroup Ltd v Easy Live Services Ltd)
Posted: 03/02/2023
Easygroup Ltd (‘easyGroup’) has succeeded in establishing that certain use made by Easy Live (Services) Ltd and its directors (together ‘Easy Live’) of ‘easyLiveAuction.com’ signs took unfair advantage of easyGroup trade marks under section 10(3) of the Trade Marks Act 1994 (TMA 1994). However, this came at a cost......>>
The Moderna v Pfizer-Biontech COVID-19 vaccine dispute: a brief explanation
Posted: 30/11/2022
Moderna’s patent infringement claim against Pfizer and BioNTech about its COVID-19 vaccine technology has been widely reported. After filing lawsuits in August 2022 in the US and Germany, Moderna has now launched related proceedings in the UK Patents Court. In response, Pfizer and BioNTech have issued separate UK claims......>>
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