Patent ‘secret commissions’ group claim set for trial – Law Society’s Gazette

Posted January 23rd, 2024 in class actions, intellectual property, law firms, news, patents by tracey

‘Allegations that intellectual property law firms earn millions of pounds a year in commissions secretly paid by patent renewal businesses are to be tested in a group claim following a Court of Appeal decision.’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

AI cannot be an inventor under UK patent law, rules Supreme Court – OUT-LAW.com

‘Artificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.’

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OUT-LAW.com, 20th December 2023

Source: www.pinsentmasons.com

Is an Artificial Neural Network a computer programme ineligible for patent protection? – UK Human Rights Blog

‘This fascinating case is imperative reading for anyone not computer literate who wishes to understand the concept of an Artificial Neural Network. In recent times the courts have had to grapple with the difficulties of this concept in relation to traditional computers and software. This appeal raised new questions because it involved deciding whether the use of an aspect of Artificial Intelligence, namely an Artificial Neural Network (“ANN”), in the circumstances of this case, fell under section 1(2)(c) of the Patents Act 1977 which excludes from patent protection “a program for a computer … as such”..’

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UK Human Rights Blog, 23rd November 2023

Source: ukhumanrightsblog.com

UK High Court decision paves the way on setting global FRAND royalty rate – OUT-LAW.com

Posted March 17th, 2023 in intellectual property, licensing, news, patents, telecommunications by tracey

‘The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.’

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OUT-LAW.com, 16th March 2023

Source: www.pinsentmasons.com

An introduction to the Unified Patent Court (UPC) – OUT-LAW.com

Posted August 2nd, 2022 in courts, news, patents by tracey

‘The European patent landscape is changing significantly with the introduction of the unitary patent (UP) and Unified Patent Court (UPC). The UPC will provide a one-stop shop for patent litigation throughout a large part of Europe. Decisions will be made by local and regional divisions of the UPC based across Europe that sit under the umbrella of one centralised judicial framework.’

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OUT-LAW.com, 1st August 2022

Source: www.pinsentmasons.com

Judge’s fury at suggestion his clerk leaked draft ruling – Legal Futures

Posted October 11th, 2021 in barristers' clerks, disclosure, judges, judgments, law firms, news, patents by sally

‘A High Court judge has strongly criticised a law firm and its client for appearing to blame his clerk for the leak of a draft judgment – which it turned out had not even happened.’

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Legal Futures, 11th October 2021

Source: www.legalfutures.co.uk

Can AI qualify as an “inventor” for the purposes of patent law? – UK Human Rights Blog

‘The Court of Appeal has ruled that an artificial intelligence machine cannot qualify as an “inventor” for the purposes of Sections 7 and 13 of the Patents Act because it is not a person. Further, in determining whether a person had the right to apply for a patent under Section 7(2)(b), there was no rule of law that new intangible property produced by existing tangible property was the property of the owner of the tangible property, and certainly no rule that property in an invention created by a machine was owned by the owner of the machine.’

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UK Human Rights Blog, 28th September 2021

Source: ukhumanrightsblog.com

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

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OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by tracey

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September 2020

Source: competitionbulletin.com

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

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Competition Bulletin from Blackstone Chambers, 15th September

Source: competitionbulletin.com

‘Fair and reasonable’ telecom IP ruling is boost for UK courts – Law Society’s Gazette

‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

New Judgment: Unwired Planet International Ltd and another) v Huawei Technologies (UK) Co Ltd and another [2020] UKSC 37 – UKSC Blog

‘This appeal discusses whether the English court has the power or jurisdiction, or is it a proper exercise of any such power or jurisdiction without the parties’ agreement:

– to grant an injunction restraining infringement of a UK SEP unless the defendant enters into a global licence under a multinational patent portfolio;
– to determine the rates/terms for such a licence; and
– to declare that such rates/terms are FRAND?’

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UKSC Blog, 26th August 2020

Source: ukscblog.com

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

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UKSC Blog, 2nd July 2020

Source: ukscblog.com

New Judgment: Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 – UKSC Blog

Posted June 25th, 2020 in inventions, medicines, news, patents, Supreme Court by sally

‘Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse which was a hybrid version of the gene that produces antibodies, combining a section of the mouse’s genetic material with a section of the genetic material from a human. In 2013, Regeneron sued Kymab Ltd for infringements of its patents. Kymab was producing its own genetically modified mice, with a similar genetic structure to Regeneron’s mice. Kymab argued that the patents filed were invalid because they fell foul of a patent law rule called sufficiency which means that documents filed with the patent must be detailed enough to enable scientifically skilled readers to make the invention for themselves. The Court of Appeal upheld the patents and Kymab appealed to the Supreme Court.’

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UKSC Blog, 24th June 2020

Source: ukscblog.com

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

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NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

A spotlight on patent injunctions – Technology Law Update

Posted June 19th, 2020 in chambers articles, injunctions, intellectual property, news, patents by sally

‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’

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Technology Law Update, 18th June 2020

Source: www.technology-law-blog.co.uk

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

Patents – Rockwool International A/S v Knauf Insulation Ltd – NIPC Law

Posted May 27th, 2020 in appeals, news, patents by sally

‘This was an appeal from the refusal of the hearing officer, Mr Huw Jones, to revoke British patents GB2451719 (“719”) and GB2496951(“951”) (see Rockwool International A/S and Knauf Insulation Limited BL 0/291/19 28 May 2019).’

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NIPC Law, 23rd May 2020

Source: nipclaw.blogspot.com

Eureka moment? Law firms report rush to patent ideas amid UK lockdown – The Guardian

Posted May 27th, 2020 in coronavirus, intellectual property, law firms, news, patents by sally

‘Intellectual property lawyers report increased demand for services during Covid-19 crisis.’

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The Guardian, 24th May 2020

Source: www.theguardian.com