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Read the latest news and briefings from the team at Schlich about real cases involving patents, trade marks and designs.

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UniQure’s Haemophilia B gene-therapy patent found valid – and infringed by Pfizer

The range of gene-therapies available to patients is ever expanding and it was only a matter of time before a conflict arose that had to be considered by the UK patent courts. Now uniQure has defended its patent for a Haemophilia B gene therapy against a revocation action brought by Pfizer.

December 2024

EU Design Law is Changing: First Significant Divergence in UK and EU IP Law Since Brexit

Since the UK left the European Union in 2020, neither the UK nor the EU has made any significant changes to its IP legislation, and thus IP laws on both sides of the English Channel have remained primarily in alignment ever since. However, a new EU Regulation and a new EU Directive governing design rights across the EU Member States have recently been introduced, which will not directly affect the corresponding provisions of UK design law. This change therefore marks the first significant divergence in IP legislation post-Brexit.

November 2024

Tales of Equivalence in the USA

In a recent decision, the Federal Circuit has confirmed it is insufficient to allege two features are equivalent for a finding of equivalence to be reached. Instead, the party alleging equivalence needs to show how the variant achieves substantially the same result, in substantially the same way, as the corresponding feature of the claim.

November 2024

The Battle Between NanoString and 10x Genomics Continues with NanoString Taking the Lead Following Successful UPC Revocation Action

The latest revocation action decided on by the Munich Central Division of the UPC gives NanoString the upper hand in their ongoing dispute with 10x Genomics, while also offering a useful insight into how the UPC appear to be approaching the assessment of inventive step

November 2024

What’s next for Halloumi Producers after their High Court Grilling?

The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, recently lost their latest Appeal in the High Court. What are their next steps for protecting their rights?

November 2024

A not so rosy decision for L’Oréal

In a recent judgement, the Board of Appeal of the European Union Intellectual Property Office (EUIPO) dealt with a trade mark dispute between well-known cosmetics manufacturer L'Oréal and Chinese rival Guangzhou Ya Ti Ao Jia Cosmetics Co., Ltd ‘Guangzhou’ regarding L'Oréal’s figurative rose mark associated with the Lancôme brand.

September 2024

UPC Court of Appeal Shifts Focus to Germany

We recently reported on the UPC’s decision to hear the Nokia v Mala case, regardless of parallel German proceedings pending for the same patent. Interestingly, the UPC Court of Appeal has reacted quickly with a different view. This update is reported here.

September 2024

Your Court or Mine? UPC takes home advantage

Nokia filed two separate revocation actions challenging Mala’s EP 2 044 709 patent, valid only in Germany. The first was filed on 29 April 2021 in the German Federal Patent Court but was unsuccessful, as the patent was upheld (appeal pending). The second was filed on 15 December 2023 in the Unified Patent Court (UPC). This article focuses on Mala’s objection to the UPC's jurisdiction, in which they argued that since a revocation action was already ongoing in Germany, the UPC should reject Nokia’s action as inadmissible.

September 2024

The Federal Circuit clarifies conflicts arising between Patent Term Adjustment and Obviousness-type Double Patenting

We perceive a sigh of relief from some patent holders following issue of the US Federal Circuit’s decision in Allergan USA v. MSN Labs, 24-1061 (Fed. Cir. August 13, 2014) (“Allergan”). This decision appears to forestall the revocation of some patents following the concerning precedential Federal Circuit decision In re Cellect (No. 22-1293) (“Cellect”).

September 2024

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