The IPKat BLOG – Page 9

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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 The recently issued draft guidance on the Considerations for the Use of AI To Support Regulatory Decision-Making for Drug and Biological Products (FDA-2024-D-4689) is the FDA’s first attempt to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
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[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
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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
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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
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General Court swipes left on KinkySwipe trade mark

http://ipkitten.blogspot.com/2025/06/general-court-swipes-left-on-kinkyswipe.html Proving that consumers know a specific word from a foreign language can be one of the most challenging endeavours in trade mark proceedings. In a recent decision of the General Court, the Match Group successfully enforced its ‘SWIPE’ trade mark against ‘KinkySwipe’ because the applicant could not establish that... Continue reading
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[UPCKat] Has the UPC set too high burden to stop generic entry in Boehringer Ingelheim v Zentiva?

http://ipkitten.blogspot.com/2025/06/upckat-has-upc-set-too-high-burden-to.html The IPKat is left puzzled in Lisbon…The UPCKat is back to report on the ability to demonstrate imminent infringement, and how the Lisbon Local Division of the UPC has endorsed the approach previously taken by the Dusseldorf Local Division on assessing the risk of imminent infringement. Over to the team... Continue reading
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Getty Images v Stability AI – UK trial begins… (Part 1)

http://ipkitten.blogspot.com/2025/06/getty-images-v-stability-ai-uk-trial.html Yesterday marked the first day in the highly anticipated Getty Images (Getty) v Stability AI (Stability) trial before the High Court in London. Here we cover the opening salvos and the trade mark infringement and passing off claims. Tomorrow, we will pick up the copyright and database rights claims,... Continue reading
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Alnylam v. Moderna and the judicious use of definitions: The European perspective

http://ipkitten.blogspot.com/2025/06/alnylam-v-moderna-and-judicious-use-of.html The recent decision of the US Court of Appeal of the Federal Circuit in Alnylam v Moderna relates to the ongoing complex and high-stakes dispute over mRNA vaccine delivery technology. In a blow for Alnylam, the Federal Circuit found that Moderna did not infringe Alnylam’s LNP platform patents in view of... Continue reading