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...
Green Channel successfully accelerates green UK innovation but more can be done to enhance its attractiveness
LONDON – International IP firm Mewburn Ellis has released a mini-report that examines the trends in the operation and use of the UK IPO’s Green Channel program. The UK’s IPO Green Channel allows patent applicants to accelerate the processing of patent applications...
OPPO directed to pay “Pro-tem security deposit” for Nokia’s Standard Essential Patents
In a case concerning Standard Essential Patents (SEP), the Court has the power to pass a pro-tem order without an exhaustive exploration of the quantum of royalty payments. If the negotiations between the parties fail, it does not mean that an implementer can continue...
EPO releases a Unitary Patent dashboard
Real-time data confirms confidence in new system Munich, 24 July 2023 –The EPO has published today a dashboard which offers a timely snapshot of applicants’ eagerness to opt for the Unitary Patent. The interactive display breaks down requests for Unitary Patents by...
Cultivated meat approvals in the US: game-changer for global cellular agriculture IP landscape
Two recent approvals of cultivated meat technology in the United States have opened up new avenues for the food industry. This marks a significant milestone in the field of alternative protein production and has far reaching implications, not only for the US market...
Google’s patent problems continue: jury orders company to pay $15.1 million
On June 21, 2023, a jury in the United States District Court for the District of Delaware found Google liable for patent infringement and ordered the company to pay Personal Audio, LLC $15.1 million in damages. Personal Audio is a company that owns patents related to...
UK confirmed as leading jurisdiction for global FRAND rate determination
In a dispute between Optis and Apple, the High Court in London found that relying on comparable licenses remains key to determining a global rate in UK FRAND (fair, reasonable and non-discriminatory) litigation, cementing the UK’s role as an important forum for...
The Supreme Court leaves patent eligibility in flux
In May 2023, the US Supreme Court declined to hear three cases concerning patent eligibility: Interactive Wearables LLC v. Polar Electro OY[1], Tropp v. Travel Sentry Inc.[2], and Avery Dennison Corp. v. ADASA Inc.[3] This is despite the US solicitor general, the US...
Amendment in claims and specification should trigger fresh examination holds Kolkata High Court
The Kolkata High Court, while hearing an appeal against the refusal of a patent application, laid down important guidelines for the Patent Office directing that “upon amendment of the claims, the amendment application ought to be examined in a manner similar to the...
Building the house from the roof down: The Standard Essential Patent (SEP) Draft Regulation
It is well known that a stable house needs strong foundations. The same goes for EU regulations. Because a regulation is a binding legislative act that applies across the EU, its creation or amendment demands careful consideration. Consequently, a regulation usually...
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