The UPC’s jurisdiction to determine damages after a post-national judgment
On January 16, 2025, the Unified Patent Court (UPC) retained jurisdiction to rule on the determination of damages following a finding of infringement by a national court and also to rule on acts before it entered into force. The UPC thus continues to resist all...
Clarivate identifies top 50 universities powering global innovation
Clarivate, a leading global provider of transformative intelligence, today released The top 50 universities powering global innovation report, which analyzes the critical role of research in shaping global industrial innovation and societal impact, using data and...
DDR Holdings v. Priceline.com: a cautionary tale for provisional applicants
In US patent law, a provisional application is a 'placeholder' that allows an applicant to file without a formal patent claim, often before the idea is fully developed, to secure an earlier priority date. However, provisional applications are typically low-budget...
Lynk Labs v. Samsung: published patent applications as prior art in IPR proceedings
On January 14, 2025, the US Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd. concerning the earliest date a cited patent application publication (PUB) can be relied on as prior art in an...
UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
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...
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...
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...
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...
EUIPO unveils five-year strategy focused on providing high-quality IP services while fostering competitiveness, innovation, and economic growth in Europe
The plan, adopted at the EUIPO's Management Board and Budget Committee meetings, will come into effect on 1 January 2025 One of the priorities is to enhance the customer experience by delivering high-value IP products and services while further improving...
Best practices for drafting strong patent claims
In the life span of any business, the investment goes way beyond the financial aspects. It's the years of dedication, contemplating, experimenting, and actively refining your idea of a product or service cut through the market. From the moment an idea is born,...
UK Government decides not to reduce or limit R&D tax credits
The UK Government’s 2024 Budget, while squarely focused on tax increases and revenue measures, suggests a pragmatic recognition by the new Labour administration that sustainable tax receipts are ideally underpinned by economic growth and wealth creation. In a global...
How I would use AI to steal your design… and what you can do about it
To protect our designs, ideas, and innovations, we must think like an infringer. May AI allow bad actors to knock off your design… and get away with it? First, we need to understand AI-assisted design. Like all new tech, AI will follow Amara’s law. We overestimate the...
Philips bid to block US Fitbit sales
The US International Trade Commission (USITC) has voted to institute an investigation of certain wearable monitoring devices manufactured by, amongst others, Fitbit and Garmin. The investigation follows a complaint filed by Philips North America, alleging violations...
Masimo alleges Apple Watch infringement
Masimo, the California-based patient-monitoring technology manufacturer, has brought patent infringement proceedings against Apple in the US District Court, claiming that the multinational’s Apple Watch infringes upon ten of its patents. Further, Masimo alleges that...
Airbnb using patented tech to identify “psychopaths”
Following a patent application last year, Airbnb is now using advanced AI-powered software gained from its acquisition of tech startup Trooly to run social media background checks on potentially “untrustworthy” bookers. The “trait-analyzing” software uses bespoke...
EPO rejects applications from AI inventor
The European Patent Office (EPO) has, in a landmark decision, rejected two patent applications designating an artificial intelligence, rather than a human being, as the inventor. Both applications named the neural-net AI “DABUS” as the creator of, respectively, an...