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United Kingdom Intellectual Property Litigation

Katten Muchin Rosenman LLP

Wise Up: UK Court Invalidates Broad Software Terms in Landmark Decision Post-SkyKick

Hot on the heels of our recent update on the UK Intellectual Property Office's (UKIPO) revised approach to bad faith objections (UKIPO/SkyKick), we now have the first, and eagerly anticipated, English court decision assessing...more

Jones Day

The UK Getty Trial: Key Takeaways on the AI/Copyright Case

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Getty Images ("Getty") alleged copyright infringement by Stability AI ("Stability"), including claims of direct copying during artificial intelligence ("AI") training and output generation, as well as secondary copyright...more

Cooley LLP

Class Dismissed? Representative Claims in Getty v. Stability AI

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Earlier this year, the English High Court considered an application for strike out of a representative action in the ongoing dispute between Getty and Stability AI. The case is at the intersection of intellectual property...more

McDermott Will & Schulte

Transatlantic Terminology: Skilled Artisan Could Equate UK, US Word Meanings

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board unpatentability determination, finding that a skilled artisan would have found the term “sterile” in a UK publication to mean the same as...more

Hogan Lovells

Court of Appeal hands down reasons for awarding AZ an interim injunction in the UK against Glenmark’s generic dapagliflozin for...

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Just under two weeks ago, we reported the Court of Appeal had awarded AstraZeneca (AZ) a preliminary injunction in the UK against Glenmark’s generic dapagliflozin (dapa) product for type II diabetes, until the hearing...more

Hogan Lovells

UK Court of Appeal grants AstraZeneca an interim injunction against Glenmark’s generic dapagliflozin for type II diabetes

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In a reversal of fortune, yesterday (9 April) the UK Court of Appeal awarded AstraZeneca (AZ) an interim injunction keeping Glenmark’s dapagliflozin (dapa) off the UK market until the form of order hearing in the parallel...more

Goodwin

France Takes Pioneering Step in Recognizing Blockchain Time-Stamping as Proof of Authorship in Intellectual Property

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In a landmark decision, France has joined the ranks of leading jurisdictions in recognizing blockchain as a valid method for establishing proof of authorship and intellectual property (IP) rights....more

Fenwick & West LLP

SkyKick TM Row with Media Co. Sky Raises Key Risks for US and Global Brands

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The United Kingdom Supreme Court’s decision in SkyKick v Sky highlights a critical trademark risk: Registering a brand for an overly broad range of products and services without an intent to use it across all categories can...more

Dorsey & Whitney LLP

What Makes an AI Generated Work “Original”?

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The emergence of generative artificial intelligence (AI) products in the past couple of years has significantly increased the capacity for individuals, businesses, and organisations to utilise AI to produce a wide range of...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

K&L Gates LLP

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement...

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On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of...more

A&O Shearman

Re-designing rights to terminate on reasonable notice

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In Zaha Hadid Ltd v The Zaha Hadid Foundation, the High Court confirmed that agreements of indefinite duration would not necessarily be interpreted to include bilateral termination rights and that the absence of such rights...more

McDermott Will & Schulte

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

McDermott Will & Schulte

Legal Lens on the Unified Patent Court | August 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

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 & Schulte

Legal Lens on the Unified Patent Court | July 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

McDermott Will & Schulte

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 & Schulte

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

Cranfill Sumner LLP

Artificial Intelligence Is Not a “Person” in the United Kingdom

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The United Kingdom Supreme Court has held that AI is not a person. In 2018, Stephen Thaler filed two patent applications with the U.K. Intellectual Property Office (“UKIPO”). The UKIPO rejected the patent applications on the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

Sheppard Mullin Richter & Hampton LLP

Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more

Jones Day

Patent Marking and e-Marking in Europe: Maximizing Benefits and Avoiding Pitfalls

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In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more

JAMS

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

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One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...more

White & Case LLP

AI Legal News Summer Roundup: Edition 3

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Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more

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