The IPKat BLOG – OPUS IP

In: The IPKat BLOG

[Book Review] The Protection of Traditional Knowledge at the Frontiers of Drug Discovery

http://ipkitten.blogspot.com/2025/06/book-review-protection-of-traditional.html This is a review of the book, The Protection of Traditional Knowledge at the Frontiers of Drug Discovery (Hart, 2024) by Peter S. Harrison. In this book, Harrison draws on his science background and experience as a lawyer in pharmaceutical and biotech patent litigation to explore the challenges of enforcing the... Continue reading
In: The IPKat BLOG

EBA decides G1/24 on claim interpretation: The description should always be consulted

http://ipkitten.blogspot.com/2025/06/eba-decides-g124-on-claim.html The Enlarged Board of Appeal (EBA) has issued its highly anticipated decision in G 1/24, relating to fundamental questions about how patent claims should be interpreted when assessing patentability. The referral arose from diverging Board of Appeal case law on whether the description and drawings should always be used... Continue reading
In: The IPKat BLOG

AG Emiliou advises CJEU on pastiche (while adopting very critical stance on EU copyright system as a whole and past CJEU case law too)

http://ipkitten.blogspot.com/2025/06/ag-emiliou-advises-cjeu-on-pastiche.html Moses PelhamWhat does ‘pastiche’ mean? A question like this, raised a few years ago, would probably have sounded esoteric – if not plainly weird – to most. Yet, it is now at the centre of one of the most important recent referrals to the Court of Justice of the... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/06/never-too-late-if-you-missed-ipkat-last_18.html As the weather warms up, so does the pace of IP developments. Follow along for the latest updates and insights!Curious Kat caught up with the latest IP newsPlant VarietiesJocelyn Bosse outlined Nador Cott Protection v Asda [2025] EWHC 941 (Pat), concerning a plant variety called ‘Nadorcott’ that resulted from a cross... Continue reading
In: The IPKat BLOG

IP implications of the FDA guidance for use of AI in drug development

http://ipkitten.blogspot.com/2025/06/ip-implications-of-fda-guidance-for-use.html The intersection of AI and pharmaceutical regulation is rapidly evolving, with potential implications for IP strategy. The recently issued draft guidance on the Considerations for the Use of AI To Support Regulatory Decision-Making for Drug and Biological Products (FDA-2024-D-4689) is the FDA’s first attempt to standardize how AI-generated data and models... Continue reading
In: The IPKat BLOG

European Patent Litigation Certificate offered by ERA and Maastricht University returns for new edition

http://ipkitten.blogspot.com/2025/06/european-patent-litigation-certificate.html Classic Kat-approved litigationIt’s been a little more than 2 years since the Unified Patent Court opened its doors. Since then, a lot has happened in the world of patent law practice and litigation.The IPKat friends at ERA wish to inform readers that the European Patent Litigation Certificate (EPLC) course,... Continue reading
In: The IPKat BLOG

[UPCKat] How has the UPC responded to BSH v Electrolux over the last three months?

http://ipkitten.blogspot.com/2025/06/upckat-how-has-upc-responded-to-bsh-v.html The UPCKat, not content with its own patenttreats, reaches to the even more delicious top shelf where the third-countrypatent treats residedPatent litigation forums around the world have been abuzz with discussions about the cross-border implications of the CJEU’s ruling in BSH v Electrolux (Case C-339/22) – summarized here and... Continue reading
In: The IPKat BLOG

Mutant barley plant patent dispute keeps bubbling away as Board of Appeal remits beer case to Opposition Division

http://ipkitten.blogspot.com/2025/06/mutant-barley-plant-patent-dispute.html The bitter dispute has continued over Carlsberg and Heineken’s patents for new barley plants. The EPO Board of Appeal decision in T 2178/22 Mutant Barley Plants/CARLSBERG – decided at the end of March but only published on Wednesday – remitted the case to the Opposition Division due to procedural unfairness... Continue reading
In: The IPKat BLOG

Getty Images v Stability AI – UK trial begins (Part 3 – Defences)

http://ipkitten.blogspot.com/2025/06/getty-images-v-stability-ai-uk-trial_12.html This is the third in the series of posts on the opening days of the Getty Images v Stability AI trial. The posts covering the trade mark claims and copyright and database rights claims are here and here. Today we look at the defences raised by Stability.Pastiche It is worth... Continue reading
In: The IPKat BLOG

Getty Images v Stability AI – UK trial begins… (Part 2 – copyright and database right)

http://ipkitten.blogspot.com/2025/06/getty-images-v-stability-ai-uk-trial_11.html This is the second instalment reporting on the opening of the Getty Images v Stability AI case. The first part, setting the scene and covering the trade mark and passing off claims, is available here. I had intended to cover the safe harbour defences in this post, but the... Continue reading