Background In our article of January 2024, we reported that the opponent in the case underpinning the “plausibility” referral (G 2/21) had filed a petition for review of the referring board’s decision (T 116/18) by the Enlarged Board of Appeal. That petition is...
When the European Union’s new Unified Patent Court (“UPC”) opened for business in June last year, its jurisdiction only extended to 17 of the 27 EU Member States. A further 7 Member States committed to joining at a later date, with Croatia, Spain, and Poland opting...
On 24 April 2024, in case UPC_CFI_316/2023, the UPC’s Paris Central Division granted Nicoventures Trading Limited access to written pleadings and evidence in a patent revocation case brought by NJOY Netherlands B.V. against Juul Labs International, Inc concerning...
Patent Term Patent Term Adjustments (PTA) Applicants can now request PTA within 3 months of the grant for patents which are granted 4 years after the filing date, or 3 years after filing a request for examination, whichever is later. When calculating the adjustment...
In a little more detail, Lidl had argued that Tesco had infringed its copyright, trade mark registration, and passing off rights of its Lidl logo, by Tesco’s use of their Clubcard prices (CPP) logo. This argument succeeded in the Judge’s Decision. However, the Judge...
Background The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed a multiple design application for the registration of 12 community designs with the EUIPO on 24 October 2018, claiming priority based on a patent application (PCT/EP2017/077469) filed on 26 October...
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