保护创意和资产

A Legal Framework for Considering Second Medical Use Claims at the UPC: Sanofi vs Regeneron

The jurisprudence of the United Patent Court (UPC) is relatively new and thus new aspects frequently arise. A decision of the Dusseldorf local division of the UPC may provide a framework for assessing infringement of second medical use claims, which might be persuasive to other UPC courts.

Safestand stands taller as Court of Appeal finds trestle designs valid

The recent Court of Appeal decision in Safestand Limited v Weston serves as a reminder of the importance of ensuring that representations provided as part of a design application are clear and consistent so as to ensure that upon an objective assessment, the representations are found to relate to a single product and not a collection of different embodiments.

UPC Case Law Update: Problem-Solving and Provisional Measures

The Unified Patent Court (UPC) continues to refine its procedural and substantive framework, with several recent decisions shaping the practical landscape for patent litigation in Europe. Below are two meaningful updates from recent UPC case law that are relevant for patentees and litigants.

Use Claims Can be Method Claims in Disguise, says the EPO

Strict rules of interpretation apply to the four categories of claim permitted by the EPO (product, method, apparatus, and use). It is usually clear from the claim wording which claim category is used to define an invention, however a recent decision from one Board of Appeal has confirmed that, in certain cases, claims initially appearing to be use claims are, in fact, to be interpreted as method claims.

Winter Came for Game of Döner: Game of Thrones Prevails in Trademark Battle

Not even a spicy kebab twist could hold off the winter for Game of Döner — Game of Thrones made sure Game of Döner bent the knee.

In the dog house – Has the Bad Spaniels case finally reached a conclusion?

Who/What Can You Trust To Keep A Secret…?

In the age of rapid digital communication, artificial intelligence (AI) models have become indispensable tools for brainstorming, drafting, and technical problem-solving. However, for inventors, startups, and R&D teams, there's a significant legal risk that often goes unnoticed: disclosing a patentable invention to an AI model before filing a patent application can jeopardize the ability to secure patent rights.

Landmark CJEU judgement opens up new avenues for European patent litigation

In a recent landmark judgement, the CJEU confirmed the possibility of European patent holders being able to consolidate actions for patent infringement across multiple EU and non-EU member states at a single EU court. For patent holders looking to assert their IP in an efficient, and likely more cost-effective and harmonious manner, the implications of the CJEU decision on enforcement strategies before both national courts and the UPC are noteworthy.