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Intellectual Property Protection Appeals United Kingdom

Jones Day

UK Supreme Court Holds Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

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The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more

Jones Day

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

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The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes....more

A&O Shearman

UPC Court of Appeal confirms strict approach to correcting patent errors by interpretation

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Alexion Pharmaceuticals v Amgen (UPC_Coa-405/2024) and Alexion Pharmaceuticals v Samsung Bioepis NL BV (UPC_CoA-402/2024); December 20, 2024. The UPC Court of Appeal has confirmed a strict approach to correcting erroneous...more

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

A&O Shearman

Crowd control caution: how a crowded market may affect your trade mark protection

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The Court of Appeal has confirmed that the existence of a “crowded market” and any coexistence terms entered into by parties may be relevant factors in assessing likelihood of confusion. While the Lifestyle Equities v Royal...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

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There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

McDermott Will & Emery

UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more

McDermott Will & Emery

UPC Court of Appeal Issues First Decision, Overturns Preliminary Injunction

Back in September 2023, the Unified Patent Court’s (UPC) Local Division Munich issued a preliminary injunction against the defendant in 10x Genomics, Inc. v. NanoString Technologies, Inc. On February 26, 2024, in a landmark...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

White & Case LLP

UK Supreme Court considers AI inventorship

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On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

K&L Gates LLP

Music to Our Ears: Some Clarity on Joint Authorship of Copyright

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In the recent decision of the case Kogan v Martin, the UK Court of Appeal overturned an Intellectual Property Enterprise Court (IPEC) decision and identified a new test for determining when contribution is sufficient to be...more

International Lawyers Network

Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer –...more

Hogan Lovells

Employment Newsletter: NDAs. Suspension, working time

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It's no secret – government planning to regulate NDAs - The government has published a consultation paper containing proposals to limit the use of NDAs in relation to workplace harassment or discrimination claims....more

Hogan Lovells

UK Supreme Court holds rights-holders should bear the costs of web-blocking injunctions

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The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc yesterday. ...more

Ladas & Parry LLP

UK Supreme Court Decision In Actavis V. Eli Lilly – Doctrine Of Equivalents Recognized

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In its decision of July 12, 2017 in Actavis v. Eli Lilly, the Supreme Court of the United Kingdom for the first time formally adopted the concept of a doctrine of equivalents when considering what constituted an infringement...more

Hogan Lovells

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

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The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

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