The UK’s Unwired Planet

Earlier today the Supreme Court handed down judgment in the joined appeals known to most of us as Unwired Planet v Huawei. The unanimous judgment of the Supreme Court, handed down over video by Lord Hodge, commended Justice Birss for an impressive first instance decision, and upheld the court of appeal on every issue.

On 27 August 2020 at 4pm myself, Ben Longstaff and Nick Zweck will be hosting a webinar to give a first response to the Unwired Planet judgment. The plan is to consider which FRAND issues the Supreme Court’s decision has resolved, look at what remains to be decided, and address the consequences of the decision for UK intellectual property practitioners.… Read more...

JIPLP Webinars

The Oxford Journal of Intellectual Property Law and Practice is hosting a series of webinars to coincide with the publication of its 2019 IP roundups.

Each webinar covers a different topic such as CJEU copyright decisions, EU trade marks decisions or UK patents decisions. For full details see here.

I am very fortunate to be speaking alongside Trevor Cook of Wilmer Hale, in the UK Patents webinar on Wednesday 13 May at 2pm. Please do come along. Sign up details are on eventbrite here. In addition to the reported cases of 2019 we may stray into some of the recent cases of 2020 (which are probably more interesting).… Read more...

April 2020: Recent Decisions in the Patents Court

It’s time again for a roundup of some recent decisions in the Patents Court, with the added bonus of one or two decisions from the Court of Appeal. Today we have refrigerators, HIV medication, heart valves and beer:

  1. Mexichem UK Ltd v Honeywell International Inc [2020] EWCA Civ 473 (01 April 2020) on breadth of declarations.
  2. Genentech Inc. v The Comptroller General of Patents [2020] EWCA Civ 475 (31 March 2020) on the scheme for payment of SPC fees.
  3. Master Data Center, Inc v The Comptroller General Of Patents (Costs) [2020] EWHC 601 (Ch) (11 March 2020) on costs capping orders in appeals from costs constrained jurisdictions.
Read more...

March 2020: Recent Decisions in the Patents Court

It has been a month or two since my last update. This is unsuprising, given there has been so much else going on. It is, however, important to get away from the unhappy news that dominates the front pages. Where better to turn than the judges of the Patents Court?

This post looks at six recent decisions:

  1. Lufthansa Technik AG [2020] EWHC 83 (Pat) (14 January 2020)
  2. IPcom GmbH & Co Kg v Vodafone Group Plc & Ors [2020] EWHC 132 (Pat) (28 January 2020)
  3. Take-Two Interactive Software Inc & Anor v James & Ors [2020] EWHC 179 (Pat) (29 January 2020)
  4. Conversant Wireless Licensing SARL v Huawei Technologies Co.
Read more...

Jan 2020: Recent Decisions in the Patents Court

This blog has been gathering dust a bit for the last few months thanks to a few very engaging patent cases. It’s important to stay on top of the pile of judgments in the in-tray though, so here’s a brief run down of the last three months of the Patents Court.

1. Evalve Inc & Ors v Edwards Lifesciences Ltd [2019] EWHC 3395 (Pat) (06 November 2019)

This was an interim application for specific disclosure. At least, that’s what the Claimant thought it was. Those in the know would be aware that the Business and Property Courts’ Disclosure Pilot makes applications for specific disclosure a thing of the past.… Read more...

Islestarr v Aldi: New tricks in the Brands v Imitators game

There is a very interesting Brands v Imitators judgment recently handed down in Islestarr Holdings Limited v Aldi Stores Limited [2019] EWHC 1473 (Ch).

This was the hearing of a summary judgment application brought by Islestarr (proprietor of Charlotte Tilbury makeup) in its proceedings against Aldi under the Shorter Trial Scheme. The Judgment is available on Westlaw.

The dispute related to what Islestarr alleged to be knock-offs of its makeup trays being sold in Aldi stores. Envisaging difficulties with a passing off claim Islestarr proceeded with a copyright claim, and in doing so succeeded in obtaining summary judgment over the discount supermarket.… Read more...

Are the days of unfettered harvesting and processing of personal data over?

Each year the International Bar Association runs an essay competition for junior advocates. Chambers encourages its pupils to have a go at the essay in the ‘Intellectual Property, Communications and Technology Law’ Section.

This year the question to be addressed was “Are the days of unfettered harvesting and processing of personal data over?” This wasn’t an area in which I had any litigation experience, but nonetheless it was an enjoyable challenge researching and writing an essay on what is a bit of a zeitgeist topic.

Sadly my entry wasn’t successful (to this day I don’t think I’ve ever even won a TV phone in) but I reproduce it below in case it is of interest.… Read more...

New: IPEC Guide 2019

The new users’ guide for the Intellectual Property Enterprise Court (IPEC) is now available. Below is a brief summary of some key changes of which practitioners should be aware.

Contents of Statements of Case:

The new guide contains cautionary guidance on the contents of statements of case. The IPEC guide has always stated that pleadings “must set out concisely all the facts and arguments upon which the party serving the statement relies.” The Guide now adds:

“This is sometimes misunderstood. All relevant facts and arguments must be stated. But they should not be set out in a manner which includes every detail.

Read more...

AI: Decoding IP – WIPO Conference 2019 (Part Two)

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On 18th June 2019 the UKIPO and WIPO hosted ‘AI: Decoding IP’: a conference dedicated to the AI zeitgeist in the intellectual property industry.

Part One features the introductory comments from Lord Kitchin and Francis Gurry of WIPO, followed by the panel on new business models, and how AI is disrupting IP.

This post, Part two, features the afternoon sessions on ownership, entitlement and liability (featuring Prof. Lionel Bently, Dr Eleanora Rosati, Prof. Tanya Aplin and others) and the sesison on ethics and public perception (Dr Christopher Markou and Dr John Machtynger of Microsoft).

Ownership, Entitlement and Liability

The afternoon is promised to be a “contentious” session.… Read more...

AI: Decoding IP – WIPO Conference 2019 (Part One)

On 18th June 2019 the UKIPO and WIPO hosted ‘AI: Decoding IP’: a conference dedicated to the AI zeitgeist in the intellectual property industry.

This post features the introductory comments from Lord Kitchin and Francis Gurry of WIPO, followed by the panel on new business models, and how AI is disrupting IP.

Part Two features (or at least will feature) the afternoon sessions on ownership, entitlement and liability (featuring Prof. Lionel Bently, Dr Eleanora Rosati, Prof. Tanya Aplin and others) and the sesison on ethics and public perception (Dr Christopher Markou and Dr John Machtynger of Microsoft).

Opening Session

The first session of the day is supposed to be an introductory panel with Chris Skidmore MP (Minister of Universities, Science, Research and Innovation) , Lord David Kitchin (no intro needed), and Mr Francis Gurry (Director General of WIPO).… Read more...