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Searching Content indexed under Litigation, Mediation & Arbitration by Marks & Clerk ordered by Published Date Descending.
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1
UK Supreme Court Hands Down Decision On Obviousness In Relation To Dosage Regime Patents – Actavis v ICOS [2019] UKSC 15
In a long awaited decision, the UK Supreme Court (Lord Hodge giving the speech on behalf of a unanimous panel) has dismissed ICOS's appeal against the Court of Appeal's decision.
UK
9 Apr 2019
2
Campbell's vs Mcdonalds: Lessons For FMCG Brands And Trademark Owners
Two high profile decisions in the EU and USA have recently highlighted the important role that evidence of trademark use plays in the maintenance and acquisition of trademark rights.
UK
15 Mar 2019
3
Warner-Lambert V Mylan: Supreme Court Rules On Plausibility And Infringement Of Second Medical Use Claims
The Supreme Court has handed down its long-awaited decision in Warner-Lambert Company LLC (Appellant) v Generics (UK) Ltd t/a Mylan and another [2018] UKSC 56.
UK
18 Dec 2018
4
Unwired Planet: One Small SEP For Man, One Giant Leap For FRAND-Kind
A number of recent cases have bolstered the UK Court's expertise on licensing of Standard Essential Patents ("SEPs")
UK
30 Nov 2018
5
Playing Fairly In Appeals
The patentee argued that this evidence was filed in response to the Board's preliminary opinion which was not in the patentee's favour.
UK
6 Sep 2018
6
Inventive Step In Malaysia
The Federal Court has recently issued a decision, reported as Spind Malaysia Sdn Bhd v Justrade Marketing Sdn Bhd & Anor 4 MLJ, which is significant as it is only the second time a patent case has reached the apex court...
UK
2 Sep 2018
7
Further FRAND Findings In The UK
For those interested in all things fair, reasonable and non-discriminatory, especially FRAND disputes, a further battle has recently taken place in the UK Patents Court
UK
9 Aug 2018
8
The Battle Royale Of Gaming Disputes
PUBG Corporation, the South Korean studio behind the hit game PlayerUnknown's BattleGrounds, has recently brought a copyright infringement claim in South Korea ...
UK
11 Jun 2018
9
Partial Priority And The "First Application" At The EPO
Decision T 0282/12 of the Boards of Appeal of the EPO recently published. This decision takes account of the Enlarged Board's decision on partial priority (G 1/15) ...
UK
20 Mar 2018
10
Guidance On The Allowability Of Undisclosed Disclaimers
In the recent decision G 1/16, the Enlarged Board of Appeal has provided clarification as to the test to be applied when examining the allowability, according to Article 123(2) EPC, of a claim that has been amended to include an undisclosed disclaimer.
UK
19 Jan 2018
11
Actavis V Eli Lilly: Supreme Developments
We have already reported on the Supreme Court's decision in Actavis v Eli Lilly (see here) which, as stated, is the most important decision in the last decade regarding patent infringement.
UK
2 Jan 2018
12
Actavis V Lilly: Supreme Developments
We have already reported on the Supreme Court's decision in Actavis v Lilly (see here) which, as stated, is the most important decision in the last decade regarding patent infringement.
UK
17 Nov 2017
13
Dasatinib – BMS Petitions The Enlarged Board Of Appeal For A Review Of Decision Revoking Patent
In T 448/16, the Boards of Appeal of the European Patent Office dismissed the Patentee's appeal against the Opposition Division's decision revoking EP1169038...
UK
1 Nov 2017
14
ReMarks - 3rd Quarter 2017
The 3rd quarter edition of our ReMarks newsletter is out
UK
10 Oct 2017
15
Supreme Court Decision On Actavis v Eli Lilly (Doctrine Of Equivalents)
Occasionally, patent infringement sees a truly landmark ruling that forces everyone to sit up and take notice – and one such ruling arrived last month.
UK
6 Oct 2017
16
The Britches Are Off In Trade Dress Dispute
Apparently, Captain Morgan has not found imitation to be the sincerest form of flattery and in a swashbuckling face-off, has forced Admiral Nelson to retreat from the liquor store shelves.
UK
11 Jul 2017
17
When Does The Sunrise Period For Opting Out Of The UPC Start And What Should Be Done In Preparation For It?
Following the UK Government's announcement in late 2016 that it would ratify the Agreement on a Unified Patent Court (UPCA), the project appears to be back on track.
UK
21 Jun 2017
18
Still No Break For Nestlé As Court Of Appeal Rejects Kitkat Appeal
In this latest instalment of the ‘chocolate wars' between confectionery heavyweights Nestlé and Cadbury...
UK
9 Jun 2017
19
Assessing Inventive Step In Mixed-Type Inventions In European Patent Applications
In a recent decision of the EPO's Boards of Appeal, T1463/11 (Universal merchant platform/CardinalCommerce), the appellant successfully appealed a decision of the Examining...
UK
26 May 2017
20
Unwired Planet v Huawei: What Are FRAND Licence Terms For Standard Essential Patents?
The question of what is a "Fair, Reasonable and Non-Discriminatory" (FRAND) licence to work a Standards Essential Patent (SEP) has been addressed for the first time by a judge in Europe.
UK
24 Apr 2017
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