The Patent Lawyer
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Thaler v. Comptroller: the UKSC rules that AI cannot be an ‘inventor’
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the...
Why so opaque? Transparency and the Unified Patent Court
The Unified Patent Court (UPC) Rules on public access were meticulously debated in the run-up to the UPC's launch. As a court, its task first and foremost should be to provide justice, and justice should be transparent. Right? This seemed to be the intention behind...
Nike defends its Flyknit technology by suing for patent infringement
At the beginning of November 2023, the footwear giant Nike filed lawsuits against its competitor, New Balance, before the Federal Court of Massachusetts and against Skechers before the Federal Court of Los Angeles for infringement and non-consensual use of patented...
Lenovo’s Zenbook attack: valid claim or troll move?
Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents: a rotatable hinge (US Patent No. 8,687,354), diagonal touchpad scrolling (7,760,189), a wireless wake feature...
Designing a new patent bar
On November 15, 2023, the United States Patent and Trademark Office (USPTO) announced that it is creating a new patent bar specifically for design patents. Practitioners with one of the following degrees: bachelor’s, master’s, or doctorate, qualify to seek admission...
World IP day – small entities, big impact
With World IP Day 2020 celebrating the theme of a greener future, when it comes to innovation in green technology, it is not just the major corporations that are making the difference. A lot of smaller entities are also working on technologies that could have a...
British government indemnifies ventilator manufacturers
The British government has announced that UK firms manufacturing ventilators for use in combating the COVIC-19 pandemic will be protected by the government from the financial impact of potential legal claims arising over intellectual property infringements or personal...
Spin Master awarded highest-ever patent infringement damages for foreign plaintiff in China
Leading global children’s entertainment company, Spin Master, has won a major victory in a long-running patent dispute against one of the most prominent toy producers in China, resulting in the largest damages ever awarded to a foreign patent owner. In a first...
India – extensions and lockdowns
In light of current global events, and in line with many other jurisdictions, the Indian Supreme Court has extended the limitation period for the filing of suits, appeals, and applications in all proceedings before any court, tribunal, or authority in India. The...
Financial heart attack for Amarin
In a decisive and damaging blow for the Irish pharmaceutical giant, a US Federal Court decision has ruled that six patents owned by Amarin Corporation, and used in its successful drug VASCEPA, are invalid. VASCEPA, a treatment for cardiovascular disease originally...
Experts react to “unconstitutional” Unified Patent Court
The future of Europe’s Unified Patent Court (UPC) seems increasingly in doubt. First, the British Government confirmed that it would not seek membership of the Court following Brexit, and now Germany’s intended involvement has been deemed “unconstitutional”. The UPC...
EUIPO and EPO extend deadlines
Given the enormous, and growing, disruption caused by the COVID-19 pandemic, the European Patent Office (EPO) has taken the decision to extend all deadlines for application until 17 April 2020. The decision was announced in a Notice dated 17 March, which stated that...
EPO Patent Index 2019 – AI and 5G drive growth
The recently published European Patent Office (EPO) Patent Index 2019 Annual Report contains various headline findings, including: A 4% annual growth in the number of EPO patent applications in 2019. EPO States now account for 45% of patent applications (with Germany,...
UK turns its back on Unified Patent Court
Perhaps unsurprisingly, the British Government has confirmed that it will not be seeking membership of the Unified Patent Court (UPC) following Brexit. Publishing its negotiating objectives for any future relationship between the UK and the EU, the Government has also...
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