Insights

In a recent decision, the UPC Court of Appeal ruled on the correction of errors in a patent by interpretation. This case, concerning Alexion Pharmaceuticals’ patent (EP3167888), underscores the importance of precise drafting and consistency in arguments used during patent litigation.

In a trade mark infringement case brought by Shorts International Limited (“SIL”) against Google LLC (“Google”) in the High Court of England and Wales, a decision by Michael Tappin KC towards the end of 2024 gave a salutary reminder regarding the scope of trade marks containing descriptive elements.

As of 1 January 2025 some changes to UK Supplementary Protection Certificate (SPC) practice will come into force in relation to human medicines.

Has a single UPC action yet been stayed in view of a parallel EPO opposition? The court is very reluctant to be delayed by EPO opposition proceedings and remains patentee-friendly in its general approach.

In its long-awaited judgment in SkyKick v Sky, the Supreme Court reversed significant aspects of the Court of Appeal’s decision on bad faith.  This landmark ruling reshapes the interpretation of bad faith in UK trade mark law, with wide-ranging implications for the filing, enforcement, and scope of trade marks.  Businesses and legal advisers must now carefully evaluate existing and prospective broad specifications, as this judgment leaves room for such filings to be challenged on the grounds of bad faith.

Avago Technologies International Sales Pte. Limited (Avago) brought an infringement action against Tesla Germany GmBH and Tesla Manufacturing Brandenburg SE (Tesla) on 1 June 2023, accusing Tesla of infringing Avago’s patent EP 1 612 910. Tesla contested Avago’s ownership of the patent, as well as counterclaiming for the invalidity of the patent.

The Claimant, Avago Technologies, sued the Defendants, Tesla Germany and Tesla Manufacturing, for infringement of a European Patent.  The Patent was only still in force in Germany.  Although the Patent was granted in English, the proceedings were conducted in German.

Earlier this year it was reported that Meghan Markle, The Duchess of Sussex, was launching a new lifestyle brand “American Riviera Orchard”. However, there has been multiple reports that the brand has suffered a major setback in its attempts to register its name as a trade mark at the USPTO. Dehns Partner, Alison Hague, takes a look at what lies behind these stories.

The Munich seat of the UPC’s Central Division recently published its full decision on the very first revocation action to be lodged at the UPC, invalidating a patent on the basis of a lack of inventive step.

A recent decision at the Court of First Instance of the UPC shows the direction the UPC is moving in, with regards to claim interpretation and invalidity.