The IPKat BLOG – Page 25

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Benefits and pitfalls of functional patent claims (and why the UK is out of step with the EPO on claim construction): Astellas v Teva [2023] EWHC 2571 (Pat)

http://ipkitten.blogspot.com/2023/11/benefits-and-pitfalls-of-functional.html In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas’ formulation patent for mirabegron. The construction of a functional limitation in the claim was central to the case, highlighting the benefits and pitfalls of... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2023/11/never-too-late-if-you-missed-ipkat-last.html If the spooky season kept you distracted from the latest IP news, here is what you might have missed. Image via Pixels Copyright Katfriend, Matt Blaszczyk shared an article on copyright protection of “authorless” works. Anastasiia Kyrylenko informed readers that the CJEU has received the first request for preliminary... Continue reading
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Book review: Walled Culture

http://ipkitten.blogspot.com/2023/11/book-review-walled-culture.html This is a review of Walled Culture: How Big Content Uses Technology and the Law to Lock Down Culture and Keep Creators Poor by Glyn Moody. Glyn Moody says about the book: “Ed Sheeran and Dua Lipa get sued for alleged plagiarism and the majority of creators see... Continue reading
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Easy Life band change name after easyGroup trade mark infringement threat

http://ipkitten.blogspot.com/2023/11/easy-life-band-change-name-after.html Easy Life was, until recently, the name of an indie band from Leicester, UK. The band has now changed their name after easyGroup threatened them with legal action, claiming trade mark infringement. Here are the details and some reflections on the situation: Background: easyGroup, easy trade mark filing easyGroup... Continue reading
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Short jingle not protectable as a sound mark

http://ipkitten.blogspot.com/2023/11/short-jingle-not-protectable-as-sound.html The case law on sound marks is still developing in the EU. There has been a series of applications that have been rejected, including the sound of an accelerating electric car (discussed here), the opening and pouring of a can (discussed here) and a nursery rhyme (discussed here). In... Continue reading
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In memoriam Dr Alan White

http://ipkitten.blogspot.com/2023/10/dr-alan-white-obituary.html The IPKat is saddened to hear of the passing of Dr Alan White and send our condolences to his friends, family and colleagues. We share below a short obituary and details of the funeral, kindly sent to us by Stephen Jones, and Alan’s daughter, Hilary. Dr Alan White Dr... Continue reading
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Tuesday Wonders

http://ipkitten.blogspot.com/2023/10/tuesday-wonders.html If your agenda still holds some free slots for events, opportunities and conferences, the IPKat is here to help you select the best IP-related ones. Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition... Continue reading
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Cheddar luck next time for Cyprus as it loses appeal against GRILLOUMI

http://ipkitten.blogspot.com/2023/10/cheddar-luck-next-time-for-cyprus-as-it.html What did the cheese say to itself in the mirror? Hallou-mi! This classic cheese joke featuring the world’s favourite squeaky cheese (author’s own view) did not feature in the recent decision (T-415/22) of the General Court of the European Union (the Court), which highlights the importance of properly defining the grounds of... Continue reading
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G 2/21 does not permit armchair inventing (T 0258/21)

http://ipkitten.blogspot.com/2023/10/g-221-does-not-permit-armchair.html Interpretations of G 2/21 by the EPO Boards of Appeal have so far been reasonably patentee-friendly. Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent (IPKat, IPKat). The recent decision in T 0258/21, by contrast, is the first interpretation of G 2/21 leading... Continue reading
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[Guest post] Reciprocity in copyright law

http://ipkitten.blogspot.com/2023/10/guest-post-reciprocity-in-copyright-law.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the Swedish Patent and Market Court of Appeal’s recent referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling pursuant to Article 267 TFEU... Continue reading