Through the letterbox injunction awarded in registered design dispute Barber v. Wakefield
In a succinctly reasoned 10 pages of judgment, His Honour Judge Hacon has dismissed a claim for registered design infringement about a tool for getting a key through a letterbox and up to the lock on the inside of a door. Judge Hacon's analysis in Barber v. Wakefield...
The final round: UK Supreme Court grants leave to appeal to Emotional Perception AI Limited
Emotional Perception AI Limited (EPAIL) has been granted leave to appeal by the UK Supreme Court in its ongoing battle to secure a patent for its music recommender system using an Artificial Neural Network (ANN). This follows appeals in two instances after the UK...
Apple v. Masimo: the clash over pulse oximetry patents
Why would a trillion-dollar company leading the smartwatch market challenge a barely known watch? In this case, Apple sued Masimo for patent infringement, targeting its health watch which has negligible sales. In October 2024, a Delaware jury ruled that Masimo’s watch...
Use of terms “payment” and “transactions” does not automatically classify an invention as a business method
The case involves an appeal by COMVIVA TECHNOLOGIES LIMITED (C.A.(COMM.IPD-PAT)492/2022) against the decision of the Assistant Controller of Patents and Designs. The Controller refused the patent application titled "Methods and Devices for Authentication of an...
Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit
Nintendo and The Pokémon Company made waves in the video game industry when they jointly announced a patent infringement lawsuit against Pocketair, Inc. back in September 2024. Their press release cryptically alleged that Pokémon competitor and monster-catching game...
The rise of “dupe” culture: designers struggle to protect their designs
With rising prices, it can be tough to look cute on a budget. The rise of fast fashion and “dupes” – cheap imitations of more expensive goods – have captivated the younger generation. In the past, wearing an imitation of a brand was looked down on. The new generation...
USPTO updates on AI patent eligibility: key takeaways for practitioners
The USPTO has issued updated guidelines on patent subject matter eligibility, specifically addressing artificial intelligence (AI) inventions under 35 USC 101. These updates, aligned with Executive Order 14110, clarify the evaluation process for AI innovations,...
The Uber-Waymo patent dispute: self-driving technology’s legal battles
Self-driving technology, once the stuff of science fiction, has become a rapidly advancing field poised to revolutionize transportation. At the heart of this technological evolution are companies like Uber and Waymo, pioneers in developing autonomous vehicles....
UKIPO issues new Civil Procedure Rules guidance
The UK Intellectual Property Office (UKIPO) has today issued new guidance reminding legal professionals of their obligation under the Civil Procedure Rules (CPR) to notify the UKIPO of new court cases started in the UK courts, which involve registered intellectual...
HGF launches forward-thinking and inclusive parental leave policy
This policy positions HGF as the first Intellectual Property firm in the UK to provide all eligible colleagues, irrespective of gender, with access to the best parental leave and pay offering including up to 52 weeks of leave with 26 weeks at full pay. Launching...
UPC grants access to evidence but concerns remain over how transparent the new European Court system is going to be
Comments on the Unified Patent Court’s (UPC) decision to grant Mathys & Squire's access to evidence in a Unified Patent Court case between Astellas and Healios Background Mathys & Squire, the intellectual property law firm, had brought a test case to try and...
Calcutta High Court sets aside template order in patent (post-grant) opposition proceedings
Terex India Private Limited (Terex) filed an appeal against the order passed by the Deputy Controller of Patent and Designs on March 2, 2023 (under Section 117A of The Patents Act, 1970), challenging the refusal of the post-grant opposition filed by Terex for the...
The obviousness-type double patenting saga continues!
It is very common for patentees to have multiple granted patents within the same patent family, and due to patent term adjustment (PTA), one or more of those patents could expire well beyond the expiration date of other patents in the family. However, what if an...
Diamond industry gets rocked: Sonani Industries injunction application rejected
The Hon'ble Division Bench, High Court of Gujarat recently delivered a judgment on July 19, 2024, in the patent infringement case involving Sonani Industries Pvt Ltd (formerly Sonani Jewels Pvt. Ltd.) and Galactica Processing Technologies LLP & Ors. This appeal...
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